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Home My WebLink AboutResolution 6498 � � Doc No A10219198 Certified, filed and/or recorded on Jul 27, 2015 4:16 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 81 Pkg ID 1272148C Document Recording Fee $46.00 Document Total $46.00 r � � � � � � � � � � R : � � � � � � s i h � �! 3 � � I G � � � � This cover sheet is now a permanent part of the recorded document. ; � ; �� . �-o�o C ITY OF ORONO RESOLUTION OF THE CIT'Y COUNCIL � 6493 �� G NO. �akFsxo�`` A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FILE NO. 15-3726 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 Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Todd Sylvester and Lisa Sylvester, a married couple, (hereinafter the "Owners of 4245") are the owners of the property located at 4245 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit A (hereinafter the "Sylvester Property"); and WHEREAS, Gregory White and Lynn White, a married couple, (hereinafter the "Owners of 4355") are the owners of the property located at 4355 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit B (hereinafter the "Greg White Property"); and WHEREAS, Steven White and Patricia White, a married couple, (hereinafter the "Owners of 4375") are the owners of the property located at 4375 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit C (hereinafter the "Steven White Property"); and WHEREAS, the Owners of 4245; the Owners of 4355; and the Owners of 4375 have collectively made application to the City for approval of a lot line rearrangement which would relocate the lot boundary lines befinreen the properties; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the lot line rearrangement on April 20, 2015 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Orono City Council reviewed the proposed lot line � rearrangement at a regular meeting held on April 27, 2015 and makes the following findings with � regards to the proposed lot line rearrangement: � � � � � � � Page 1 of 3 : � � � �°�o C ITY OF ORONO � RESOLUTION OF THE CITY COUNCIL � y�'� G~�` N o. 6 4 9 � � �kESH�� FINDINGS 1. This application was reviewed as Zoning File#15-3726. 2. The Sylvester Property contains 7.14 acres in total area currently contains a single family home and a tennis court. 3. The Greg White Property contains 21.27 total acres and contains a single family home and detached garage. 4. The Steve White Property contains 21.54 total acres and contains a single family home and barn. 5. The properties are served by private wells and conforming private septic systems. 6. This application contemplates a lot line rearrangement to transfer the following: a. A 4.61 acre portion of the Greg White Property to the Sylvester Property. The 4.61 acre portion of property to be transferred contains no improvements; and b. A 7.06 acre portion of the Greg White property to the Steven White Property. The 7.06 acre portion of property to be transferred contains no improvements. 7. Following the lot line rearrangement the Sylvester Property will contain 11.75 acres in area; the Greg White Property will contain 9.60 acres; and the Steven White Property will contain 29.6 acres in area. 8. The lot line rearrangement will not result in the creation of a nonconformity. 9. The portions of the Greg White Property to be transferred to the Sylvester Property and Steven White Property are not intended to be standalone building lots. Because this is a lot line rearrangement which results in no additional Iots, no park fee or stormwater trunk fee will be required. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants the lot line rearrangement of the above referenced properties based on the lot line rearrangement survey dated 03/04/15 by Mark Gronberg of Gronberg & Associates, attached as Exhibit D; subject to the following conditions: Page 2 of 3 � � , � �0�0 . C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`�1,� �,G`� No. 6 4 9 3 kFSH�� 1. The 4.61 acre portion of the Greg White Property to be transferred shall not be considered a standalone buildable lot, and shall be legally combined with the revised Syivester Property. 2. The 7.06 acre portion of the Greg White Property to be transferred shall not be considered a standalone buildable lot, and shall be legally combined with the revised Steven White Property. 3. Following the lot line rearrangement the properties shall be legally described as follows: a. Sylvester Property: Attached as Exhibit E; b. Greg White Property:Attached as Exhibit F; c. Steven White Property: Attached as Exhibit G. 4. The Owners shall file the appropriate deeds reflecting the new legal descriptions(subject to City Attorney approval) with the Hennepin County Recorder's Office and/or Registrar of Titles Office on or before April 27, 2016, or the approval granted by this resolution shall expire. Adopted by the City Council of Orono, Minnesota this 27th day of April, 2015. ATTEST: _ . ` � •dt�7�- V 4CJ�Q-�. ' e Tiegs, Ci y CI Lili Tod McMillan, Mayor � � � � Page 3 of 3 � 2 p , � � Zonin� File #15-3726, Resolution Exhibit A: � � . � Existing Legal Description SYLVESTER PROPERTY: � � � That part of the West 1/2 of the Northeast 1/4 of Section 6,Township 117 ; North, Range 23 West of the 5th Principal Meridian, described as follows: ! Beginning at a point in the East line of said West%Z of the Northeast 1/4 distant 906.98 feet North of the Southeast corner of said West 1/2 of the Northeast 1/4; thence North along the East line of said West 1/2 of the Northeast 1/4; a distance of 261 feet; thence due West 513.35 feet; thence South 39 degrees 17 minutes 30 seconds West 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West, 345.23 feet; thence Southerly 220 feet along a line if extended � would intersect the Southwest corner of the East 1/2 of the West 1/2 of the Northeast 1/4; thence Northeasterly to a point bearing due South 233.4 feet � from a point bearing North 85 degrees OS minutes West, 270 feet from the point � of beginning; thence due North 233.4 feet; thence South 85 degrees OS minutes � East, 270 feet to the point of beginning; for purposes of this description the East � line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; � Together with a non exclusive easement for driveway purposes over that part of � the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Road No. 84, and together with a non-exclusive easement for driveway purposes over that part of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Road No. 84, Hennepin County, Minnesota, and a non-exclusive easement for � driveway purposes over the West 25 feet of the North 370 feet of Tract F, � Registered Land Survey No. 748, files of Registrar of Titles, County of Hennepin. � � B U � � � y � � � � � �3 i �p�k Crs U .� ,1 J � � y 4 1 ] . � � ,' ' ' ' � � Zonin� File #15-3726, Resolution Exhibit B: � Existing Legal Description GREG WHITE PROPERTY: i � That part of the West Half of the Northeast Quarter of Section 6,Township 117 � North, Range 23 West of the Sth Principal Meridian which lies Easterly of the � following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning , of the line being described; thence South 22 degrees 30 minutes West a distance � � of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence � South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to � � the south line of said Northeast Quarter and said line there ending EXCEPT that � part of the West half of the Northeast quarter of said Section 6 described as � follows: Beginning at the Southeast corner of the West half of the Northeast � quarter;thence on an assumed bearing of North along the East line of said West � half of the Northeast quarter a distance of 1167.98 feet; thence on a bearing of � West a distance of 513.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet;thence South 11 degrees 56 minutes 30 seconds West a distance of 345.23 feet;thence Southerly to the Southwest corner of the East half of the West half of said Northeast quarter; thence Easterly along the South line of said Northeast quarter to point of beginning. � � � � � � � � � � � � � � � � � � � � � � � � � � � } � � ; � � � � �s � � f. I? f . , , � . ' ' � � Zonin� File #15-3726, Resolution Exhibit C: � � 6 Existing Legal Description STEVEN WHITE PROPERTY: � i That part of the West Half of the Northeast Quarter of Section 6,Township 117 North, Range 23 West of the Sth Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north � line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning � of the line being described; thence South 22 degrees 30 minutes West a distance � of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence � South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to � � the south line of said Northeast Quarter and said line there ending. � � � � EXCEPT that part thereof described as follows: Beginning at the Northwest � corner of said Northeast Quarter; thence on an assumed bearing of East along � the North line of said Northeast Quarter a distance of 514 feet; thence South 27 � degrees 30 minutes West a distance of 589 feet to the centerline of the County Road which extends across said Northeast Quarter; thence Northwesterly along � the centerline of said County Road to the West line of said Northeast Quarter; � thence Northerly along said West line to the point of beginning. � � ALSO EXCEPT that part of said Northeast Quarter of Section 6 described as � follows: Beginning at the Northwest corner of said Northeast Quarter; thence � East along the North line of said Northeast Quarte�a distance of 514 feet to � actual point of beginning; thence deflecting right 117 degrees 30 minutes a � distance of 589 feet to the centerline of County Road No. 84; thence deflecting � left along said centerline a distance of 180 feet; thence deflecting left 81 � degrees 19 seconds a distance of 662.11 feet to a point on the North line of said � _ � Section 6; located 216.55 feet East of the point of beginning; thence West along g said North line a distance of 216.55 feet to point of beginning. � a � � , � � � � � � ; , � ; � � � ' � � PROPOSED LOT L1NE REARRANGENENT AND . �� 10'°0 /�: ,• ��• � _ � � ,CERTIFICATE OF SURVEY FOR �� -- —r.————�—,„„— ' • ` � . . " ' � GREG WHITE �'� �'� ,a �' � � �� m�-; �.� :� �� : � ' i i�r�� .`��;,— __ �� ., STEVE WHITE & s � � � �� 1'. �� `�� \� n TODD SYLVESTER � - . �ii � (�� ;—�`;'`��o � :::.:::E::::::::: � �. �—' � � � IN THE NE 1/4 OF SEC.8-117-23 / � ' '°"� \�•�—� T(l—1B"��\��` �� \ � HENNEPIN COUNTY,MINNE80TA �"�,, �� f� `i I ; \ �_�� 'I� 111.�\�� £ � ;�` ::xr:t��::-:=:�� 1 1 / 1 � � i �1,�� 4��, � -a �# �STEVE WHITE �� "�� lI,I� ��<«� � � � \\�l\�\�� —� / / �`\��\�� " � �� \�� /� I �' I �, ��\\\ ' � ;� � ' � �� i� GREG WHITE i �� /%1 �\� � .'��,,, '� `��`:�`�� —, , 3 I �� 1 � �\\ \ � PARCA iQ ByF OEEOED TO STEVE'tlNfE � 9 � ,_�� l .\\ � /••; zos� ACRES � ` �� — \\\1\�� ( :"-•6.65' AC EkCLUDING••/ � � � � � �� \�=—'�.1 � �\� � �r_EAYSID,ROAQ R i j� \ �) /�� ` '�� ,\ \ \ '� � -�oo o ioo zao aoo � ( �` �.(j/ j;��( I �� \\ —� I � `� ' i♦ � �_��i�;��\�\ I � , �� I /� � /ii;il ` I ` ^ � SCALE IN fEET � �= �/.�/ \�9��\` JJJ ^ , 1 (` _ %%�STEVE WHITEirr�"/�/��:� s� �� ,` , I � —— 21.54' ACRES BEFORE ABOVE O.KW. /� /��-�`. \� \/, � � �"� %� �e.�so.V-ncRe�Y+\r\\p�C��an�E-a9�i� -��\ I 1 ��—�" c � � � �� ,;,._ ��'� ��_—��'�-� 1� I� // / ,�,��\��_-�°-! \ �J�� / � ��/ '_�\\�\ \\ —J_/�� Ir��,� i\ � j�l��_ i � ��jr _—�, �\ —_ � .GREG WHITE ��„pI .�....../ �/ I ��-. � _/� —` \ �".\ _�/f��21�27t ACRES BEFORE �\�\�� /I, ' f�f ` _�J �.``�\��_�ow--��/k�lhy�� S�p�EW (�\ �� I•. �� II ( 6 �� J �. �,�� ///�d� ��r n 1 � � I 1 ��.\�, ��:. ��`�� 1% i i� ��/ � � � ��.:I � �� I � �\�:��: �r�\f �`� l��%i��ij/�� . _e�oPo�Ab ( �• , �I� � � .�.�.�ii'-Z� ._�=J ,r . � �l�/��/e.+� � � �' D ID��{ I`•. i g �\�e`�__-',�__/ �,. / l / /X/� / �`?`�L_. �. .1 ��I��/C��%�''{''\.''��A�W'/7�/ �INE/ � I �y� �, � � _7 -"``i � PMCO.TO!Ep�y�1T0 �Y(� T I e '' 4.l1_ACRES � _� \�� 1��\��II�\' �r I�� / 'IROM�!(/WE%C4B1Y �� I + ` k � `=_____�\� �\�\�`11``� �I J I 1. 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'� 'b�10�'^°yy�M°n��^''Y°''^a°r�" Y�4-1Y GYtL BN6INNEP9,LAND 9URVEYOR&L1ND P4ANNHBB Imn o/IM SbN 1 I•�10Y 445 NORTH WLIOW dEVE LONC LANE,EN 55338 - t 933-17]-{111 , � . � � � Zonin� File #15-3726, Resolution Exhibit E: Proposed Legal Description SYLVESTER PROPERTY: That part of the West 1/2 of the Northeast 1/4 of Section 6,Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point in the East line of said West 1/2 of the Northeast 1/4 � distant 906.98 feet North of the Southeast corner of said West 1/2 of the � Northeast 1/4; thence North along the East line of said West 1/2 of the � Northeast 1/4; a distance of 261 feet; thence due West 513.35 feet; thence � � South 39 degrees 17 minutes 30 seconds West 280.05 feet; thence South 11 � degrees 56 minutes 30 seconds West, 345.23 feet; thence Southeriy 220 feet � along a line if extended wouid intersect the Southwest corner of the East 1/2 of � the West 1/2 of the Northeast 1/4; thence Northeasterly to a point bearing due � South 233.4 feet from a point bearing North 85 degrees OS minutes West, 270 � feet from the point of beginning; thence due North 33.4 feet; thence South 85 degrees 05 minutes East, 270 feet to the point of beginning; for purposes of this description the East line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; Together with a non exclusive easement for driveway purposes over that part of the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6,Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Road No. 84, and together with a non-exclusive easement for driveway purposes over that part of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6,Township 117, Range 23, lying � south of County Road No. 84, Hennepin County, Minnesota, and a non-exclusive � easement for driveway purposes over the West 25 feet of the North 370 feet of � Tract F, Registered Land Survey No. 748, files of Registrar of Titles, County of � k Hennepin. � ALSO � � That part of said West half of the Northeast Quarter lying southerly of the � centerline of Bayside Road, northerly of"Line A", said "Line A" being described � as follows: Commencing at the Southeast corner of said West Half of the � Northeast Quarter; thence north along the East line of said West half a distance � x of 1167.98 feet to the point of beginning of said "Line A"; thence west � perpendicular to said East line a distance of 427.00 feet to "Point A" and said � � "Line A" there ending, and lying easterly of a line described as beginning at said � � "Point A"; thence northeasterly deflecting right 108 degrees 46 minutes 10 � � seconds when measured from west to north from the prolongation of said "Line � A" a distance of 693.17 feet, more or less, to the centerline of Bayside Road, and y said line there ending. 4 ' . • , . � i � , ' � � � Zonin� File #15-3726, Resolution Exhibit F: � � Proposed Legal Description GREG WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6,Township 117 North, Range 23 West of the 5th Principal Meridian which lies southerly of the centerline of Bayside Road, and Easterly of the following described line: � Beginning at the Northwest corner of the Northeast Quarter of said Section 6; � thence on an assumed bearing of East along the north line of said Northeast � Quarter a distance of 1104.0 feet to the point of beginning of the line being � described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; � thence South 41 degrees West a distance of 250.0 feet; thence � South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to � the south line of said Northeast Quarter and said line there ending EXCEPT that � part of the West half of the Northeast quarter of said Section 6 described as � follows: Beginning at the Southeast corner of the West half of the Northeast quarter; thence on an assumed bearing of North along the East line of said West half of the Northeast quarter a distance of 1167.98 feet,to the point of beginning of"Line A"; thence on a bearing of West a distance of 427.00 feet to "Point A" and said "Line A" there ending; thence continuing on a bearing of West 86.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West a distance of 345.23 feet; thence Southerly to the Southwest corner of the East � half of the West half of said Northeast quarter;thence Easterly along the South � line of said Northeast quarter to point of beginning. � ALSO EXCEPT � That part of said West half of the Northeast Quarter lying Southerly of the � centerline of Bayside Road, northerly of said "line A", and easterly of a line � described as beginning at said "Point A"; thence northeasterly deflecting right � 108 degrees 46 minutes 10 seconds when measured from West to North from � the prolongation of said "Line A" a distance of 693.17 feet, more or (ess,to the � centerline of Bayside Road, and said line there ending. � � � � � � � � � 3 Zonin� File #15-3726, Resolution Exhibit G: � Proposed Legal Description STEVEN WHITE PROPERTY: � � That part of the West Half of the Northeast Quarter of Section 6,Township 117 � � North, Range 23 West of the 5th Principal Meridian which lies Westerly of the � following described line: Beginning at the Northwest corner of the Northeast � Quarter of said Section 6; thence on an assumed bearing of East along the north � line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning � of the line being described; thence South 22 degrees 30 minutes West a distance � of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence � South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to � the south line of said Northeast Quarter and said line there ending. ;�. EXCEPT that part thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 � degrees 30 minutes West a distance of 589 feet to the centerline of the County � Road which extends across said Northeast Quarter; thence Northwesterly along � the centerline of said County Road to the West line of said Northeast Quarter; � thence Northerly along said West line to the point of beginning. � � � � � ALSO EXCEPT that part of said Northeast Quarter of Section 6 described as � follows: Be�inning at the Northwest corner of said Northeast Quarter; thence East along the North line of said Northeast Quarter a distance of 514 feet to actual point of beginning; thence deflecting right 117 degrees 30 minutes a � � distance of 589 feet to the centerline of County Road No. 84; thence deflecting � left along said centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds a distance of 662.11 feet to a point on the North line of said � Section 6; located 216.55 feet East of the point of beginning; thence West along � said North line a distance of 216.55 feet to point of beginning. � ALSO ° That part of said West half of the Northeast Quarter lying northerly of the � f. centerline of Bayside Road and easterly of the following described line: � Commencing at the Northwest corner of the Northeast Quarter of said Section � 6;thence on an assumed bearing of East along the North line of said Northeast s Quarter a distance of 1104.00 feet to the point of beginning of the line being � described; thence South 22 degrees 30 minutes West a distance of 1280.00 feet ` � and said line there endin�. r � � � � � ; �