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HomeMy WebLinkAboutResolution 6027 � o� 0 0 CITY of ORONO � � ti �'�� �G~ RESOLUTION OF THE CITY COUNCIL `9kESYiOg' NO. __ �� �7 2� A RESOLUTION ACCEPTING KELLEY PARI�WAY AS A PUBLIC ROAD AND ACCEPTING SPECIFIED IIMPROVEMENTS IN STONEBAY AS PUBLIC FACILITIES -ZONING FILE #2789/2840 WHEREAS, on July 9, 2003 the City of Orono and Dahlstrom Development Corporation LLC entered into Planned Unit Development Agreement No. 4 (the "Agreement") which documented the terms and conditions under which the development known as "Stonebay" was approved; and WHEREAS, the terms and conditions of the Agreement in Subsection D(8)(1) state that final acceptance of the Improvements to be publicly owned, including Kelley Paxkway and its associated appurtenances, sanitary sewer and water systems and stormwater systems, and other off=site road improvements, shall take the form of a Resolution passed by the Orono City Council, on the advice of the City Engineer; and WHEREAS, the City Engineer has recommended that the City formally accept the Improvements; and WI�EREAS, the Agreement in Subsection D(13)(a-c) defines which Improvements are Public and which are Private, and establishes responsibilities for maintenance of each; and WHEREAS, maintenance obligations for the Stonebay development are further memorialized in the Declaration of Easements, Restrictions and Covenants for Stonebay (the "Declaration")executed by the Developer on July 9, 2003; and WHEREAS, in order to provide clarity as to ownership and maintenance responsibilities of the City and of the Developer, his heirs, successors and assigns, a summary of maintenance obligations for the various elements of Stonebay is attached hereto as E�ibit A. NOW, THEREFORE BE IT RESOLVED that the City Council of Orono Minnesota does hereby formally accept the Public Improvements associated with Stonebay as noted on Exhibit A atta.ched hereto, and sha11 immediately assume ownership and maintenance of said facilities. Adopted by the City Council of Orono, Minnesota this 14�'day of March, 2011. ATTEST: G���2� � / U�� � � / � Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Page 1 of 2 �o� 0 0 CITY of ORON4 � � ti �� G~ RESOLUTION OF THE CITY COUNCIL ��kE3Yi��� NO. � �'� � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ��day of r1��Ct- K;^ 2011 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota munici pal co r poration and said instrument was executed on behalf of the City. F2ACHEL DODGE �vOTARY PUBUC-MiNNESOTA `'� 7 My Commissia►Expires Jan.31,2015 CC � �'•�-.•�' �-/L" <�� � L_ `� Notary Public STATE OF MINNESOTA COLTNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this dl5 day of/��(�, 2011 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .� �AONICA A.FADNESS NOTARY PUBUC-MtNNESOTA � ;,„; ' My Commission Expires Jan.31,2012 -�� Notary Public Page 2 of 2