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Home My WebLink About#5652 - approving plat • „ � , ��v� �rQ' cl�.C� � /� Doc No 9032751 08/31/2007 03x�1 PM � Certified filed and or recorded o.�1'"ebove date: Office of the County ecorder Hennepin Count innesota Michael H. Cunnif , County Recorder TranslD 339252 Deputy 26 Fees $35.50 DOC $10.50 SUR $46.00 Total . R. TRANSF�r� Ef�Te�D HENNEPIN COiJNTY TAXPAYER SERVICE5 AUG 31 L007 HE �� E�1 NNNN. �Y ' � �.� -�,' A RESOLUTION APPROVING THE PLAT OF BRACKETTS POINT 2YD ADDITION - FILE #07-3274 /#07-3306 � � � � O � O O ' �� - CITY of ORONO �.. � : � �� ' �;��'`�` G'�' RESOLUTION OF T ITY COUNCiL L`�kEsHog'� rvo. �� 5 2 A RESOLUTION APPROVING THE PLAT OF BRACKETTS POINT 2� ADDITION - FILE #07-3274/#07-3306 WHEREAS, the City of Orono is a municipal corporation organized and existing ur�der 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, the City Council has considered the application by Bruce G. Paddock, single, (hereinafter "Developer") for subdivision of property located at 14�0 and 1500 Bracketts Point Road and including a portion of Bracketts Point Road, legally described as follows: Lots 1 and 3, Block 1, BRACKETTS POINT, Hennepin County,Minnesota; and That part of Bracketts Point Road as dedicated to the public within the plat of REARRANGEMENT OF ORONO POINT, Hennepin County, Minoesota, which Iies southerly of a tine drawn from the most westerly corner of Lot 1, Block 1, BRACKETTS POINT, Hennepin County, Minnesota, to the most northerly corner of Lot 3, said Block 1; (hereinafter "the property"); and WHEREAS, on April 23, 2007 the City Council adopted Resolution No. 5607 granting Prelirninary Plat Approval for the proposed development of a two-lot plat for single family residential purposes, including the creation of two outlots, one for private road purposes, and one to accommodate an existing tennis court for potential neighborhood use; and WHEREAS, the Developer has completed or has agreed to complete all requirements of the platting regulations of the City and requirements of the City for the proposed plat, including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. �607. Page 1 of 5 . , ., � . � O� O � O �,:-,, ,, C ITY of ORONO � :�:�� RESOLUTION OF THE CITY COUNCIL �L`�kESHO��G No. 5 6 5 2 2. Dedication on the plat of perimeter Drainage and Utility Easements and Drainage Easements as required in Resolution No. 5607. 3. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the grading, drainage and stormwater management plan for development of the Property. 4. Provision to the City of an underlying Road, Drainage and Utilities Easement for the private road within Outlot B. 5. Provision to the City of a Declaration of Covenants, Conditions and Restrictions, and Private Roadway Easement for the private road in Outlot B, including provisions allowing no fences within 10' either side of the pavement, as well as requiring that the private road be maintained in all seasons to its paved width and not allowed to be narrowed. 6. Dedication on the plat of right-of-way for a public portion of Bracketts Point Road. 7. Submittal of covenants for use and maintenance of tennis court Outlot A, including provisions prohibiting additional accessory structures in Outlot A. 8. Submittal of signed Covenant for Maintenance of Raingardens, as well as submittal of covenants for all other stormwater management facilities. 9. Submittal of final plans and specifications for all proposed utility lines and services, including proposed revisions to existing service facilities, as well as a utility abandonment plan; final grading, drainage and erosion control plan; engineering details and design for any proposed retaining walls; final boulevard landscaping design plan with planting schedules including numbers and species; road construction plans including proposed plan and profile views, typical street section, geotechnical report, R-value recommendation and pavement design; all of the above in sufficient detail to meet the recommendations of the City Engineer. 10. Submittal of signed Drainage and Utility Easement over the appropriate portions of the adj acent Headrick property. Page 2 of 5 - � , i,�` � r � � O� O �:,� O � C ITY of ORONO ��- � -� � �� ~ p~' RESOLUTION OF THE CITY COUNCIL l� �� kEs80�` N0. �.(��.-7— 11. Provision to the City of a signed and executed Developer's Agreement and Letter of Credit for the approved site improvements including construction of pubiic and private road, municipal sewer relocation and relocation of individual service lines as necessary, storm sewer and drainage systems improvements, and site grading and landscaping. 12. Provision to the City of a title opinion and certified copies of all recorded easements currently affecting the Property. 13. Payment to the City of final plat review fees and legal review and filing fees in the amount of$530.00 as established within Resolution No. 5607. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 5607, the City Council of the City of Orono does hereby approve the plat of BRACKETTS POINT 2� ADDITION, Hennepin County, Minnesota subject to the following declarations and conditions: 1. Lot Standards. For Lot 1, the yard abutting the public portion of Bracketts Point Road and abutting Outlot B shall be the reaz or street yard, subject to a 50' principal structure setback. The lot Iine between Lots 1 and 2 shall be considered as a side lot line for both lots. For Lot 2, the yard abutting Outlot B sha.11 be considered as a rear or street yard, the Iine abutting 1480 Bracketts Point Road is a side lot line. Lots 1 and 2 each have substantial shoreline on Lake Minnetonka, requiring a 7�' setback. 2. Averaee Setback. Lats 1 and 2 shall be exempt from the average lakeshore setback requirement. 3. Use of Outlot A. The only accessory structure allowed in Outlot A shall be the private tennis court, and it is specifically granted a variance to be 10' from the new street lot line. Ownership of Outlot A may be either by one, some, or all of the owners of Lots 1 and 2 and the owner of 1480 Bracketts Point Road. 4. Permits. No land alterations shall take place until erosion control is established and the City Engineer has approved all final improvement plans. No building permits will be issued until all sewer relocation, drainage facilities, improvements, and satisfactory road base (base layer and initial lift of bituminous)have been installed. Page 3 of� . � , ., < � O � O O ' � - CITY of ORONO �-. � � � � �� ti � Y `� '�' RESOLUTION OF THE CITY COUNCIL �L`9kESI344�G NO. 5 6 5 2 5. Citv Enaineer Approval Required. The Developer shall implement all recommendations of the City Engineer regarding grading, drainage, stormwater management and site improvements. 6. Construction of Road Utilities and Other Site Improvements. The Developer shall construct the public and private road, municipal sewer and individual connections, stormwater and drainage systems and facilities, site grading, and landscaping in acccrdance with the Developers Agreement to be executed between the City and the Developers. 7. Mirinehaha Creek Watershed District Approval. This subdivision approval is subject to MC WD approvals and permits as required. The final plat shall not be released for filing until the Subdividers have provided evidence that all required MCWD permits have been obtained. 8. Developers Agreement. The plat shall not be released for filing until the Subdividers have executed a Developers Agreement per the conditions of Resolution No. 5607, including a letter of credit written to 150% of the cost of the proposed site improvements, including any required landscaping. 9. Release for Filin�. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney and Planning Director that all requirements of the platting regulations have been satisfied. 10. Filintr. The aforesaid plat shall be filed with Hennepin County on or before February 13, 2008 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. Page 4 of 5 • ! �1 � / � AA1 o J./' Qy ` v� � CITY of ORONO _ ,� _ � ,� -�+ � � �� ' �" p'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� N0. _ .�l ri 7 Adopted by the City Council of Orono this 27th day of August, 2007. ATTEST: , � ��-��. � �� 'L'� • � Linda S. Ve��, City Clerk am M. White, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��i day of �� , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal co oration and said instrument was executed on behalf of the City. �'�i_ Nota�P lic � JACQUELYN �i. YOUNG a Notasy P��!�IiaMinnesota y.o• AAy Camm,ivaion F�Irea Jan 31,201q STATE OF MINNESOTA COUNTY OF HENNEPIN �1 The foregoing instrument was acknowledged before me on this �_ day of � .� , 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corp ration and said instrument was executed on behalf of the City. , < ':.�`�_ RACHEL DODGE E�' Cc�'�-�'�-� ��'�'� � `�'��''�, NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 Page 5 of 5 ,� ,j �, 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 August 27, 2007, 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 28th day of August , 2007. ;� �� .� �/ City Clerk (seal)