HomeMy WebLinkAboutResolution 6548CITY
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A RESOLUTION
APPROVING THE PLAT OF
MOONEY LAKE PRESERVE
FILE #15-373913786
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, on May 5, 2015 BPS Properties, LLC (hereinafter the "Developer")
submitted an application for approval of a Preliminary Plat for property located at 300 Sixth
Avenue North in the City of Orono and legally described in Exhibit A (attached); and
WHEREAS, the Orono Planning Commission held public hearings on the
proposed subdivision on May 18, 2015 and again on June 15, 2015 and voted 6 in favor, 0 against
to recommend approval of the Preliminary Plat as revised by the Developer; and
WHEREAS, the Orono City Council reviewed the application at its regular
meeting on July 13, 2015, and on July 27, 2015 granted approval for the Preliminary Plat per the
findings and conditions of Resolution No. 6526; and
WHEREAS, the Developer has agreed to comply with all conditions of Resolution
No. 6526 and has completed or has agreed to complete all other requirements of the platting
regulations of the City including:
1. Completion of all platting requirements and conditions of Preliminary Plat Resolution No.
6526.
2. Dedication on the plat of perimeter Drainage and Utility Easements as required in
Resolution No. 6526.
3. Designation and dedication on the plat of wetlands subject to City and other agency
jurisdiction, and execution of a declaration of covenants for the permanent flowage and
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RESOLUTION OF THE CITY COUNCIL
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preservation of wetlands, and establishment of wetland buffers and buffer maintenance
provisions per the requirements of the Minnehaha Creek Watershed District (MCWD).
4. Execution of covenants and restrictions regarding road, drainage and utility easement to be
granted to the City over the private road in outlot E, and Outlots, and execution of a
declaration of covenants regarding the private road easement and maintenance of said road.
5. Execution of a preservation easement and covenants for the protection, preservation and
enhancement of woodlands and prairie open space over those areas designated for
protection on the approved preliminary plat.
6. Execution of covenants and easements for stormwater management facilities
including establishment of stormwater system maintenance obligations.
7. Submittal of Minnehaha Creek Watershed District (MCWD) permits approving the grading,
stormwater management facilities, Storm Water Pollution Prevention Plan (SWPPP) and
erosion control plan.
8. Submittal of Hennepin County Access Permits approving the aceesses to County Road 6.
9. Provision to the City of a title opinion for the Property and certified copies of all recorded
easements currently affecting the Property.
10. Execution of a Development Contract including provision of financial security including a
Letter of Credit and escrow to ensure that all site improvements are installed and
maintained to the City's specifications and satisfaction, and to establish conditions for
future development of the site.
11. Payment of development fees as established in Resolution No. 6526 or as follows:
a. Park Dedication Fee: $55,500.00
b. Stormwater and Drainage Trunk Fee: $76,800.00
NOW, THEREFORE, BE IT RESOLVED that based on the findings of
Resolution No. 6526, the City Council of the City of Orono does hereby approve the plat of
MOONEY LAKE PRESERVE, Hennepin County, Minnesota (a copy of which is attached as
Exhibit B) subject to the following conditions:
1. Development within MOONEY LAKE PRESERVE is subject to the Conclusions, Orders
and Conditions enumerated within Preliminary Plat Resolution No 6526, and subject to the
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RESOLUTION OF THE CITY COUNCIL
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provisions of the Development Contract for MOONEY LAKE PRESERVE dated
2015.
2. Variances to road length, width and horizontal curve requirements are granted for the road
length in Outlot E.
3. The approvals granted in this Resolution shall become effective only when all conditions
of approval requiring actions by the Developer have been satisfied.
4. The City Clerk shall release the plat documents for filing only upon certification by the
City Attorney, Senior Planner and City Engineer that all requirements of the platting
regulations have been satisfied.
5. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before
April 12, 2016 together with a certified original copy of this resolution and executed copies
of the easements and covenants pertinent thereto.
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.
Adopted by the City Council of Orono this 12th day of October, 2015.
ATTEST:
e Tiegs, City ClerIj Lili Tod McMillan, Mayor
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RESOLUTION OF THE CITY COUNCIL
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The following property in Hennepin County, Minnesota:
That part of the Northwest Quarter ofthe Southeast Quarter and of Government Lots 3 and 4, Section
25, Township 118, Range 23, lying north of a line described as beginning at the southwest corner of
said Section 25, thence north along the west line thereof 1750.0 feet; thence easterly, deflecting to the
right 93 degrees 15 minutes a distance of 2289.7 feet; thence deflecting to the right along a 2 degree
curve (delta angle 28 degrees 35 minutes, and tangent distance 729.8 feet) a distance of 1429.2 feet;
thence southeasterly tangent to said curve a distance of 252.0 feet; thence deflecting to the left along
a 1 degree 30 minutes curve (delta angle 14 degrees 38 minutes, and tangent distance 490.5 feet) a
distance of 975.5 feet; thence southeasterly, tangent to said last described curve, a distance of 538.5
feet; thence deflecting to the left along a 3 degree 30 minute curve (delta angle 34 degrees 50 minutes
and tangent distance 513.6 feet) to its intersection with the east line of said Section 25 and said line
there terminating.
The north line of said Northwest Quarter and Government Lot 3 have been marked with Judicial
Landmarks set pursuant to Order in Torrens Case No. 5192.
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RESOLUTION OF THE CITY COUNCIL
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EXHIBIT B
FINAL PLAT DRAWINGS
(4 SHEETS)
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