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HomeMy WebLinkAboutResolution 5460'g"m 'Alk , CITY of ORONO RESOLUTION OF T�E�gTUU COUNCIL NO. A RESOLUTION APPROVING A SUBDIVISIONOF A LOT LINE REARRANGEMENT AND. LOT AREA VARIANCES FOR PROPERTIES LOCATED AT 965 AND 985 OLD LONG LAKE ROAD FILE #06-3190 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, the City Council has considered the application for a subdivision of a lot line rearrangement by Bruce B. Dayton, married, and Richard G. Rinehart and Dixie C. Rinehart, husband and wife (collectively hereinafter "the applicants") of properties in Hennepin County, Minnesota legally described as: Exhibit A attached (hereinafter "the properties"); and WHEREAS, the properties consist of two tax parcels, the first being owned by the Bruce B. Dayton and identified as PINS #35-118-23-41-0003, referenced hereinafter as "965 Old long Lake Road"; the second being owned by the Rineharts and identified as PINS #35-118- 23-41-0002, referenced hereinafter as "985 Old Long Lake Road"; 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 April 17, 2006 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have completed all requirements of the City for a metes and bounds subdivision of a lot line-rearrangement;for division -and z combination purposes, resulting in the relocation of the common lot boundary between the two properties, as shown in the survey attached as Exhibit `B" and resulting in a new legal description for each parcel as shown in Exhibit `B"; and • WHEREAS, although each property contains an existing residence and outbuildings, neither property is conforming to the 2.0 acre RR -1B Zoning District standard with regard to lot area; after the lot line rearrangement 965 Old Long Lake Road will have a total area Page 1 of') 11 fill, 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 5460 of 1.20 acres south of the road, and 985 Old Long Lake Road will have a total area of 1.02 acres south of the road. However, the property at 965 Old Long Lake Road more than meets the 200' width standard both before and after the rearrangement, and the property at 985 Old Long Lake Road will gain 10' in width, expanding from 90' to 100'; and WHEREAS, neither property has been platted, hence their descriptions run through the right-of-way of Old Long Lake Road. Due to the location of the section line in relationship to the actual location of Old Long Lake Road, the legal description for 985 Old Long Lake Road includes a small strip of land on the north side of Old Long Lake Road which is of little functional value to the owners. As a result of this lot line rearrangement, 985 Old Long Lake Road will give up the strip across the road, which will be combined with 985 Old Long Lake Road, in exchange for acquisition of a 10' strip of land from the west end of 985 Old Long Lake Road. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced properties by the applicants as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, Inc. dated April 17, 2006, as attached in Exhibit `B", and grants a lot area variance for each property, subject to the following conditions: 1. Applicants shall provide a title opinion for the properties confirming ownership and encumbrances. 2. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before October 24, 2006 together with a certified original copy of this resolution. 3. The approval granted by this resolution shall expire if the division 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, Minnesota this 24th day of April, 2006. ATTEST: Li da S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 3 C J • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5460 The foregoing instrument was acknowledged before me on this A day of , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �`. KRISTI B. ANDERSON NOTARY PUBLIC -MINNESOTA �ri w My Commission Expires Jan, 31, X007 ... STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public A The foregoing instrument was acknowledged before me on this;2J'15day off,�`� 2006 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. Notary Public 9 Page 3 of 3 EXMIT A RESOLUTION NO. 54 6 0 • EXISTING LEGAL DESCRIPTIONS A. DAYTON PARCEL The North 239.5 feet.of the following described property: Beginning at a point on the North line of the Southeast Quarter of Section 35, Township 118 North, Range 23 West of the 5th Principal Meridian, distant 899.3 feet West of the Northeast corner of said- Southeast Quarter, thence South parallel with the East line of said. Southeast Quarter to the northeasterly line of U.S. Highway No. 12; thence northwesterly along said highway line to a point 90 feet East from the West line of the East Half of said Southeast Quarter; thence North to a point on the North line of said Southeast Quarter 90 feet East of the Northwest comer of the East Half of said Southeast Quarter thereof; thence East to the point of beginning, EXCEPT that part of the East 30 feet of the above described property which lies southerly of the centerline of Long Lake Road. ALSO That part of the following described property: That part of the East Half of the Southeast Quarter of Section 35, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the North line of said Southeast Quarter distant 899:3 feet West of the East line of said Southeast Quarter; thence South parallel with said East line to the Easterly right -of - way -line of U.S. Trunk Highway No. 12; thence southeasterly along said easterly right -of-- way Jibe to a point 799.8 feet West of the East line of said Southeast Quarter; thence North parallel with said East line to the centerline of the Long Lake Road (formerly County road No. 27); thence easterly along said centerline to a point 751.21 feet West of said East line; thence North parallel with said East line to said North line; thence West along.said North line. to the point. of beginning; except, that part. of said tract lying South of the South line of the North 590.00 feet of said East Half of the Southeast Quarter Which lies northerly'ofthe centerline of Long Lake Road. B. RINEHART PARCEL That part of the West 90 feet of the East Half of the Southeast Quarter of Section 35, Township 118 North, Range 23 West of the 5th Principal Meridian, which lies Northeasterly of the Northeasterly right of way line of State Highway No. 12. 0 r ; 1 f m� Ah S 00'47'55• E 4" 33 I - 33 ------- ------ —� ------ �� X33.00 19 .94 ----------------------- ------------------- Y gU v / • L` W'F3�� S 00'4830' E 651.13 411M - --------- - ( 6.7ry P 33 1 = --------------Z -Z- y 1,-- s n z m a I .7AIL mm pf i� m Yb • I I ' T 0 I D • - v 161.49 33.02 i N 00'082r W 19457 Ig . '----- !------------------ ----- ---- ` S 00'082r E 23952 ' 33 J g�og(ny��p gg®7LOMP040 zmgm gg�ggg u < cy n n sYzv ®='S���m m za mooQ�x� .Nla -m A- 58 -0 m g o o ga s'p�o`0'3�2_yp0 p2 oa co A0 a Hip Ago zo � fig o -1 nr �S g- z,9•-65�a]®oo cx;