HomeMy WebLinkAbout1985-07-08 Resolution #1804 Pg1CCity of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. ! >104
A RESOLUTION DETERMINING THAT ONE SANITARY
',EWER SERVICE MILL B" PROVIDED TO THE
PROPERTY LOCATED AT 1.!05 ARBOR STREET
KNOWN AS LATS 1 THRU 0 AND 19 THRU 28,
BLOCK 2, MAXWELL'S ADDITION TO CRYSTAL BAY
WHEREAS, the City of Orono is a municipal corporation
organized and existir,y under the laws of the State of Minnesota; and
WHEREAS, Sewer Project 85-1 was initiated by the City to
solve existing on-site sewage treatment problems in the Crystal Bay
area, within which the property at 1205 Arbor Street is located; and
WHEREAS, the property located at 1205 Arbor Street, known as
Lots 1 thru 8 and 19 thru 28, Block 2, Maxwell's Addition to Crystal Bay,
has been combined for tax purposes into a single parcel le -,ally
designated as PID N10-117-2: 24 0031; and
WHEREAS, the total lot area of the property is approximately
3.03 acres dry buildable land, meeting the requiremen+-.s of the two acre
unsewered zone; and
WHRREAS, said property is under single separate ownership
not owned in common with any other abutting or nearby properties; and
WHEREAS, under the existing zoning and subdivision
regulations, the property could not be subdivided; and
WHEREAS, subdivision of t he property and construction of one
or more additional single family residences would be contrary to the
intent of the Cummunity Management Plan; and
WHEREAS, thepropertyo,:,ierwouldnot bedenied a substantial
property right if only one ss-:+er service is provided to the property.
NOW, THEREFORE, BE -T RESOLVED, by the City Council of the
City of Orono, Minnesota, that the property at 1205 Arbor Street (PID
110-117-23 24 0031 ), corril,ri sed cf Lots 1 thru E and 19 thru 28, Block 2,
Maxwells Addition to Crystal Bay, shall be provided with one sewer
service to serve the existing residence on the property.
Ado p ted by the City Councr 1 cf the City of Orono on this 8th
day of July , 1985.
DDtoi y J-1 n' ity i'le►k--
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N �[ y c Viler,
14rbor- �4r�e,t 4
City Form 1985-1
Sanitary Sewer Right
of Entry
Construction Easement
RIGHT OF ENTRY AGREEEMENT
.'EMPORARY EASEMENT TO CONSTRUCT SANITARY SEWER IMPROVEMENTS
Sanitary Sewer Project/Crystal Bay
The City of Orono (hereinafter "City") and the undersigned,
0-3reinafter "Owners-), in consideration of the sum of One Dollar
(=1.00) and other good and valuable consideration paid to Owners
by the City, the receipt and sufficiency of which is hereby
acknowledged, agree as follows:
I. Right_ to ConstructSewer. The Owners hereby grant to
the City, its successors and assigns, the temporary right and
easement over and across the real property located in Hennepin
County, Minnesota Legally described in Exhibit A attached hereto
and located generally on the map attached hereto as Exhibit 8
("Property") to use and occupy the Property for the purposes
heL •i stated, including but nat limited to the accomodation of
equlk—tit, tools, materials and excavated earth at all times prior
to Ju,: 30, !996. Said construction easement includes the tree
Light of the City, its contractors, agents and employees to enter
over, under and upon the Property at all times prier to June 30,
1986 for the purpose of ficilitiatinq the installati-)n and
construction of the public sanitary sewer improvements on the
lands abutting or adjacent to the Property, and includes the right
with respect to the Property CO excavate, fill and glade soil
thereon, to Lemove trees, bushes, grass and other c•.ructures which
interfere with construction, and the right to operate machinery
and equipment on and over the Property, to store machinery and
equipment and materials and supplies thereon in connection with
such construction of public improvements, and to do anything
necessary or usetul or convenient for the enjoyment of the
easement herein granted. Following construction, the City will
cause to be removed all machinery, equipment, materials and
Supplies Ind leave the premises in a nea'_ and pre er_a le manny �+ .
with all disturbed ,ireas reBee4@d'to grass. ((rrift 4 y.�
1. Ay[eement__Document.s. This Igreemin cobs -it_s o .this
agreement, Exhibits A and 8.
3. Covenant of Ownership. 'rhe Owners covenant that they
are the record fee owners of the Property and have legal title
thwt- ') and have lawful right and authority, without test r-icti>n,
to convey and grant the right )f entry and temporary easement
herrn granted.
IN TESTIMONY WHEREOF, the parties have hereunto set their
hands this _i_ day of 1985.
(Owners)
(Owners1-))
CITY OF ORONO
By_______ ____
Its
STATE OF MINNESO'PA )
ss.
COUNTY OF HENNEP[N ) FP NWJ
The foregoing instrument was ackno�+I g d be�o.� me
this day of' Lc 1985, by
�y , :f, _
and /G • �- L _ —, �.�.+1�•, to
me known to be the personas) described in, and o e:ecuted the
foregoing instrument, and ackowledged that they executed the same
as their free act end deed.
A'.
tads ry Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
'rhe toreq„inq instrument was acknowledged before me
chis day of , 1985, by
the _ of the City of Orono, a
municipe; coeporat on, on behalf of the corporation.
Notary Public
This Instrument Drafted By:
Popham, Hark, Schnobrich,
Kaufman S Doty, Ltd.
4144 IDi Venter 33
Minneapolis, Minnesota 55401
5710t
-2-
A temporary construction easement over, under and across a icrtion of the pro-
perty on lots 1 thru 8 and 19 thru 28 on Block 2 within the Maxwell's Addition
to Crystal Bay, Lake Minnetonka as described below:
Commencing at the northeast corner of the above mentioned property; thence
southerly 100 feet along a line parallel with the centerline of the Arbor
Street right-of-way; thence at a right angle westerly 30 feet; thence north-
erly 100 feet along a line parallel with the centerline noted above; thence
easterly 30 feet to the point of beginning,
[XHIHII A
N
FXNIBIT B