HomeMy WebLinkAboutResolution 5485 Doc No 8849565 08/22/2006-12:05 PM
Certified filed and or recorded on above date:
Office of the County'kecorder
Hennepin County; Minnesota
Michael H. Cun*�County Recorder
TranslD 248481 Deputy 13
Fees
$35.50 DOC
$10.50 SUR
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A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT FOR PROPERTIES
LOCATED AT 980, 1045 AND 1055 FERNDALE ROAD WEST
FILE #2269
O
O O
ti
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
S 11D NO. 5 4 8 5
A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT FOR PROPERTIES
LOCATED AT 980, 1045 AND 1055 FERNDALE ROAD WEST
FILE #2269
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 Conley Brooks, Jr. and Carol G. Brooks, husband and wife, and
Gerald T. McCourtney (collectively hereinafter "the applicants") of properties located at 980
Ferndale Road West (Brooks), 1045 Ferndale Road West (former Henry Skarp property), and
1055 Ferndale Road West(McCourtney); and
WHEREAS, the intent of the lot line rearrangement is to divide the 1045
Ferndale Road West parcel (former PIN #02-117-23 43 0024) into two parcels, the westerly
parcel to be combined with 1055 Ferndale Road West (former PIN#02-117-23 43 0022), and the
easterly parcel to be combined with 980 Ferndale Road West (including former PINs#02-117-23
44 0019,#02-117-23 43 0003, #02-117-23 43 0005); 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 July 21, 1997 at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the City Council on August 11, 1997 conceptually approved the
application subject to a number of conditions including removal of structures from the Skarp
property; Special Lot Combination if Hennepin County will not combine across Ferndale Road
West; and submittal of clear evidence of property ownership; and
WHEREAS, a lawsuit was subsequently filed by the adjacent property owner
Charles Floyd of 960 Ferndale Road West with regards to ownership of portions of the property,
which lawsuit was resolved in 2005, resulting in the District Court establishing new legal
descriptions for the Brooks and Floyd properties, and which resulted in a portion of the Skarp
property being owned by the Floyds; and
Page 1 of 3
O
O � O
CITY of ORONO
h
RESOLUTION OF�JEff Y COUNCIL
�kESII0 NO.
WHEREAS, the applicants have submitted a Certificate of Survey by Mark S.
Gronberg, a licensed surveyor with Gronberg & Associates, Inc., such survey attached hereto as
Exhibit A, and such survey depicting the corrected ownerships as approved by the District Court
as well as the proposed division/combination of the Skarp property; 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 combination purposes,
resulting in the legal descriptions as shown in Exhibit A.
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 as
shown on the Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Gronberg &
Associates, Inc. dated June 6, 2006 attached hereto as Exhibit A, subject to the following
conditions:
1. 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 January 10, 2007 together with a certified original copy of this
resolution.
2. 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 10th day of July, 2006.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Page 2 of 3
o.�,.
0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�L`9kESii�g�G NO. 5 4 8 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
�da of
The foregoing instrument was acknowledged before me on this y ._. ,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal orporation
and said instrument was executed on behalf of the City.
RACHEL DODGE
NOTARY PUBLIC-MINNESOTA Notary Public
My Commission Expires Jan.31,2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN ��
The foregoing instrument was acknowledged before me on this /'�day of
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.
RACHEL DODGE
E
OTARY PUBLIC-MINNESOTA Commission Expires Jan.31,2010 Notary Public
Page 3 of 3
t er
LOT LINE REARRANGEMENT FOR -- ------ - ---- -- - --- -- - - -- z 413
CONLEY BROOKS, GERALD MCCOURTNEY & CHARLES FLOY® -- -- --- - --- ----- -- '�� ZaZ�
IN COUNTRY CLUB ESTATES HENNEPIN COUNTY MINN, I EBIT 5.4 8 5. z N
RESOLUTION NO. w g Ur'-
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NORTH SHORE COTTAGE ACRES LAKE MINNETONKA Sheet 1 of 2 < x
AND.GOVERNMENT LOTS .1 & 2, SECTION 2-117-23 I U O
HENNEPIN COUNTY, MINNESOTA I O � o
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CONLEY eRDaKS DESCRIPTION PER CERTIFICATE OF TITLE NO.ISBJM
06
AB d Me ra0gvhp ono b«4ad: I " g
Ld z1,'Country CWb Fstat«HminepM Coady, ..newel put pad d said Lot des¢dbad.s 1011 : I!-
Cor+Imeadng al the mod SauMerly comer'(said Lai Z1;tlterrcs Nodhwsstedy dung Ma SouMWealmly Ana w.We N ~
.(.add lot a dletan--1I fa IMn-ldarMWlad ds=o __diger
et y dh9 to th right s id■t to h 89 st Nott■m I / LL Q
18 7dinulai to M•North 9na d s.M Ld 21•Ihenw East chap Ma NoM Me of Bald lot to Me most Northerly
coma d Ld Z3 h LL
acid Ceudry CM6 Fal�(.s,Hamepin Candy,benp.Merew 8oulhwesbdy.1.C;the One '.� / Z '..1
balwean aakl Lala 27 and 21 la M•gold d b•pMathep,vddds Bas SoSMmly of s One drawn Irom■poled m I / / M Z Z
pu West leu d mid Lot dater(IDS fast Sadh d On NoNarest comer d said III Mrough■Point o the , 1i1
Southsaslerty Me of said Lal driW 300 fai 6oNhwW My of pu Nadh¢aslmly mora of said let I / r'Z J Z 0
That pad of u—nmed W 1,Sedkn 2,TowncNp 117,Range Z3,de• flood ai foMws:
Commondng d tM mod soulherty cm w d Lot�(Yaunby Club Estates,Hennepin Courdy. I O
Mbot thence Nodhw•rierty Bong Uu couNweri•ry Ina or acid Lal 24,■distance of 20.8 feat,Nen. ' lf�
SoutAwealery,deaadkp b MR d an angle d 90 degrees•nd 42 minun,to 9e ceder Me d Counly Road I / y.y U a
(arms Rod).s sheen on saM plat.rd lh.educt paMt of begMnhg of the I..d b be des'dhed;Mance
contladng SouMroslarty,x Me area mum,b Ma chore Ana al Lake Mlnnetonk;thence Nodmesledy,
abng Bald shore 9ne,b 00a bdensdbn will the$outhMy eatenabn of the vast Ane of sab Lai 24;thence /• /
Soulhasl Uorg sold southcrty aatmubn,b said'cola One d candy Road(Grano III Menu
arty,Nag•old cadet RC b Ma PEM Ebe0lnrdnp. /
At.50,COI•ILE1'aRgoKs DESCRIPr1go PER CEATIFlCATE OF TITLE Na.1158389 S 84'41'20'E 384.39
That p■d d Ld 4,Nath Shore CoBags Mss lake MlnnNonka,ly'ap Sadhedy o(s pne dncrked u i
fc[d Gemmendng ffi the nMfkari emrry of sold Co"Mmlw South abng Me east Boa d said lel
dblonu of 497leel b Ma adwt poled d begh•dng d ea Ib•to ba deaol6ed;thence weriedy,dMckp to
Ne dgld 88 degrm 30 minutes,b the wntarly Inc d Bald Wand Rule temdnatlng.
That pad o!Lai 5,NmM Shan f sold lot
d go:Mlnndonim,h.&V aeuMeastaq d e 41e drawn horn s /
paid on the sauMweslmlY kw of asN tot dlriW W foci nathwasteay from fh-south-st comer of s■N lot 7
to x enp a poke M M•east Ins ormle Id d=ted 99.1 Lod n-dhelyy(nm the..Ah-st comer d Bald lot pr 1 1t / g b O1
That pad d Lal 17,North Shca C-I Mee Lehi Minnefonkv,and West Famded.Road(dedicated In 1 p `o a S icor b
said pial n Courtly Rod),sod acp■Bom b said pot M aosbr++ntad iced 2 Sedlon 2,Township 117,Rang-
23,dazcrmed n faYows:C-mmmdnp d 0m bdersedon d the wN•dine olsdd West Ferndale Road xYN
the east kle d said Gwammerd Lot 2(Milch oast Me has an assumed bearing of North 0 degrees 11
m"d-5!seconds East)thence North 89 degrm 47 mkrWs 1J''mode Weal don9 odd wMorllnq a t-• /i/ i/1 /
dlriann=/23,00 last m Ore•dual point or Deg'd Me Isnd
to M dnsslbad;thence SauM 0 degrees
11 minutes 5!sca=ds Went,pera8d w=h odd oast Ant a dete=ct of Y+L.d,more m leas,w Ma sdeg—
o!Lake f sotarlortir;Mena s am ortsdy s of wa•leiy,along..b dur•ku,b Ow Intenedbn wall theand
newly e#ensbn lo the vad run of Bald Lot 12;thence northerly long sdd wart ane and It.sadharly —
and nerlherry adensbnz,v atria=-rX 700 teal come m leaa,to the call"..d sold Wad Fort,".Road;
bthen- 89 degree 47=stades 13 seconds East•stoop sold''=tar==e.to Ow adud pool d
SuI b the dell adon In sdd plat to the puW of Coady Road(row brown ss West Fomdaie Road. N
9�r Zsr3 4z' saJru as ',' :•,j % /
3 ^e,
GERALD 8, Mr^ .Wv y No.
q +u EXISTING /
Trod a,Registered Lard Survry No,1372,(las d Registrar of Tiles.HenhapM l:ovdy,Mnnasolq
ALSO
0 2 Nang HOUSE /
Thvt pad of Lel 1;C Northlot 11;ShCIICeAve Lake bk+nelonlo,tlescAhed n follow.follow. eepWlbat th
p e E
Soufhaul comersaid hes—WasI the Saulh shore Ira or said Lot 100 last Hm Chance cn /
Northady eo a straight Inc to a PI w the North Ona of saki Lot 95 feel ham Meno�saat comer d sell C u�' ,` >s a
Lot 11'Mance Saehosrly rt• 8"seld North Inc to the Northeast comer of said th•nataa a. y.s 2
store the End Orn d cob Lot 325 ted to plow ofbeghpdng, / � / `• ,_/
CHARLES FtAYO DESCRIPi10N Poi CERTIFICATE of TITLE Na.1158388 / \\ CONLEY BROOKS PARCEL w
That past d Lai 1;NoM Shan Cotl.ge Aces,iake Mkwmkwlk.and West Femdaie Rod(dadlwled in 980 WEST BROOKS
ROAD
.aid pid as em-ay Rwd),w moons to said bt h aevarwaht Ld 2,Sedten 2,Towmho 117,Range /
23.0...rII u!.covet:
Baglnnlnp N Ile h+l-=cation d 9".nlsr6+a of odd Wsel F•rndala Road vdM Ms east On of Wil / /1/\1-, h; 1 ♦-r
Esett IaneN Lai 2(Moist'east 14ra has an.named baaMp of North 0 depnea 11 mfnulac 54 seconds • A� /
Cher itw+.WM Is stags=47 ndndea 13 second'Wsel,abng odd fid at N s distance'121001ed; / AIt0i1 r+01M O b
Maw.SaWh 0 depnea 11 mNules 54 s•<onds West,p■nOd non odd eael Ino s atria=.of 52 feat, / IN LUT UNE -
mon m Ins,to tlu=ho==ne of Us Mimdmrke;th•nw nodhmstarly,•long saki-hor-Anq b Me of l°t a - 0
Inlenectlon wIM Me wJherly adanabn of the east its of sab Gavemm-d Lot x Men-North 0 degas
• 17 minulec 54 s•eonds'noel'trop said asst Inc and III•auth•rfy eal•nabn,.dislanca d31 lest ams m =r_ i�
Ina,b Me paid dMdnp.beg / = LL,
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o : Iron marker found Sgt e� In o �l \ / _ ii h w
a : Iron marker set a��p� to I / �4 m
Bearings Shown are based upon an assumed datum P� ®I N 86.47'00"E 211.10 - r`�¢ -i P O N D 1 g ti
363' rb i 1 i 1
7- -r ,I '+ v, / // 960 WEST FERNDALE ROAD U Y
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77 CONLEY BROOKS PARCEL
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S 86'47'00"W 192.18 L=179.93 4`32.28'57" O (V D ~Wo
FERNDALE
z S86-47'00'W 167.97 '
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rvgry ur01� eery F " 11.1a°i, 1 F( v o32�a
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tr, .d-n Ialip°Lse• d W 24
WEST LINE OF / 1.r /p-`"1'T Lj
0 0 DII PARCEL !-1�/: i._, a' Sq, /4[e'q�4'•K, yr
y.Y rn CO i 1,i it,+ CONLEY BROOKS PARCEL I e�qC� 'ay�rn
ry GERALD MCCOURTNEY PARCEL
FAEAST LINE f r! l_/ ! 1 !_ ..1 I
RLS 1772 JR4
Al r+ A,,',,. *f��i1 I \
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l" +m -\ I CHARLES FLOYD PARCEL \
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29.4 CONTOUR LINE I Z c
929
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LAKE MINNETONKA 'T
na_�ro
" EXHIBIT A
RESOLUTION NO. 5 4 8.5
Sheet 2 of 2
(Enlarged Legal Description)
CONLEY BROOKS DESCRIPTION PER CERTIFICATE OF TITLE NO.856344
All of the following described tract
Lot 24,'Country Club Estates Hennepin County, Minn.", except that part of said Lot described as follows:
Commencing at the most Southerly comer of said Lot 24;thence Northwesterly along the Southwesterly line
of said Lot a distance of 26.6 feet;thence Northeasterly deflecting to the right at an angle of 89 degrees and
18 Minutes to the North line of said Lot 24;thence East along the North line of said Lot to the most Northerly
corner of Lot 23 in said Country Club Estates, Hennepin County, Minn.;thence Southwesterly along the line
between said Lots 23 and 24 to the point of beginning, which lies Southerly of a line drawn from a point on
the West line of said Lot distant 205 feet South of the Northwest comer of said lot, through a point on the
Southeasterly line of said Lot distant 300 feet Southwesterly of the Northeasterly comer of said lot
That part of Government Lot 1,Section 2,Township 117, Range 23, described as follows:
Commencing at the most southerly comer of Lot 24, "Country Club Estates, Hennepin County,
Minn.; thence Northwesterly, along the southwesterly line of said Lot 24, a distance of 26.6 feet; thence
Southwesterly, deflecting to left at an angle of 90 degrees and 42 minutes,to the center line of County Road
(Orono Road) as shown on said plat and the actual point of beginning of the land to be described; thence
continuing Southwesterly, on the same course, to the shore line of Lake Minnetonka;thence Northwesterly,
along said shore line, to the intersection with the southerly extension of the west line of said Lot 24; thence
Northerly,- along said southerly extension, to said center line of County Road (Orono Road); thence
Southeasterly,along said center line,to the point of beginning.
ALSO, CONLEY BROOKS DESCRIPTION PER CERTIFICATE OF TITLE NO. 1158389
That part of Lot 4, North Shore Cottage Acres Lake Minnetonka, lying Southerly of a line described as
follows: Commencing at the northeast comer of said lot; thence South along the east line of said lot, a
distance of 487 feet to the actual point of beginning of the line to be described;thence westerly, deflecting to
the right 88 degrees 30 minutes,to the westerly line of said lot and there terminating.
That part of Lot 5, North Shore Cottage Acres Lake Minnetonka, lying southeasterly of a line drawn from.a
point on the southwesterly line of said lot distant 90 feet northwesterly from the southeast corner of said lot
to an angle point in the east line of said lot distant 99.1 feet northerly from the southeast corner of said lot
That part of Lot 12, North Shore Cottage Acres Lake Minnetonka, and West Ferndale Road (dedicated in
said plat as County Road), and accretions to said lot in Government Lot 2, Section 2, Township 117, Range
23, described as follows: Commencing at the intersection of the centerline of said West Ferndale Road with
the east line of said Government Lot 2 (which east line has an assumed bearing of North 0 degrees 11
minutes 54 seconds East);thence North 89 degrees 47 minutes 13 seconds West, along said centerline, a
distance of 23.00 feet to the actual point of beginning of the land to be described;thence South 0 degrees
11 minutes 54 seconds West, parallel with said east line, a distance of 52 feet,more or less,to the shoreline
of Lake Minnetonka; thence southwesterly and westerly, along said shoreline, to the intersection with the
southerly extension of the west line of said Lot 12; thence northerly along said west line and its southerly
and northerly extensions, a distance of 100 feet, more or less,to the centerline of said West Ferndale Road;
thence South 89 degrees 47 minutes 13 seconds East, along said centerline, to the actual point of
beginning.
Subject to the dedication in said plat to the public of County Road(now known as West Ferndale Road.
GERALD MCCOURTNEY DESCRIPTION
Tract B, Registered Land Survey No. 1372,files of Registrar of Titles, Hennepin County, Minnesota,
ALSO
That part of Lot 11, North Shore Cottage Acres Lake Minnetonka, described as follows: Beginning at the
Southeast corner of said Lot 11; thence Westerly along the South shore line of said Lot 100 feet, thence
Northerly on a straight line to a point on the North line of said Lot 95 feet from the northeast comer of said
Lot 11; thence Southeasterly along said North line to the Northeast comer of said Lot; thence Southerly
along the East line of said Lot 325 feet to place of beginning.
CHARLES FLOYD DESCRIPTION PER CERTIFICATE OF TITLE NO. 1158388
That part of Lot 12, North Shore Cottage Acres, Lake Minnetonka, and West Ferndale Road (dedicated in
said plat as County Road), and accretions to said lot in Government Lot 2, Section 2, Township 117, Range
23, described as follows:
Beginning at the intersection of the centerline of said West Ferndale Road with the east line of said
Government Lot 2 (which east line has an assumed bearing of North 0 degrees 11 minutes 54 seconds
East);thence North 89 degrees 47 minutes 13 seconds West, along said centerline, a distance of 23.00 feet;
thence South 0 degrees 11 minutes 54 seconds West, parallel with said east line, a distance of 52 feet,
more or less, to the shoreline of Lake Minnetonka; thence northeasterly, along said shoreline, to the
intersection with the southerly extension of the east line of said Government Lot 2; thence North 0 degrees
11 minutes 54 seconds East, along said east line and its southerly extension, a distance of 34 feet, more or
less,to the point of beginning.
RESOLUTION# 5485
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on July 10, 2006 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 18th day of
July , 2006.
Linda S. Vee, City Clerk
(SEAL)