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HomeMy WebLinkAboutResolution 1051 . t Q i ^^ RESOLUTION N0. 1051 � � � A RESOLUTION APPROVING THE PLAT OF ' FAZENDIN FOREST • • � 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 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 plat by Roger Fazendin, the subdivider; and WHEREAS, .the subdivider has completed all requirements of the platting regulations of the City, including: , 1.' Completion of all the requirements .of Resolution , No. 1006. 2. Dedication on the plat of rights of way 40 feet wide � � from centerline for public streets and roads, .shown ' as County Road No. 6. _ 3. Dedication to the City of a Flowage and Gonservation . Easement (Exhibit A) providing for limitations on the � use of wetlands and/or drainageways. described therein. ' 4. Payment to the City of a Park Dedication Fee in the ` amount of �$250.00. . - � - , � 5. Payment of aTl additional City administrative eosts ' according to Ordinance. - � � NOW, THEREFORE, BE IT RESOLVED, that the Citp Council of the City of Orono hereby approves the plat of Fazendin Forest, Hennepin Covnty, Minnesota; subject to the following conditions: • � 1. The aforesaid plat shall be filed with the Hennepin . County Recorder's Office on or before December 26, 1979• � together with a certified original copy of this Resolution and executed copy of Exhibit A as noted above. • � . . , , ` . Resolution�No, 1051 • • Page 2 � 2. The subdivider, through correspondence, discussion at Council meetings and provisions of Resolution 1006 has been placed on notice that the City of Medina . � may require a sanitary sewer easement through Lot 1 in the future. . 3. The front yard setbacks for Lots 1 and 2 shall be no less than 60 feet from the County Road right of way. The approval granted by this Resolution shall expire if 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. � Dated this 27 day of June , 1979. � � (� - William B. Van Nest, Mayor ATTEST�: . . ' Walter R, son, Clerk/Administrator . . � , � , i � � ' ` .. - �. • STATE OF MINNESOTA COUNTY OF HENNEPIN - CITY OF ORONO � � The undersigned duly qualified and acting City Clerk/Administrator of the, City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution� passed by the City' Council of the City of Orono on ,Tune 27 , 19�, approving the plat . of Fazendin Forest - on file in the office of the City Clerk/Administrator, City : . of Orono. . � � � . , , � _ � Walter R, enson, Clerk/Administrator . - Dated this 27 dap of � June` , 19 79. � - �S�al) . - - • ' - . � • - - �� �,r 6.�7` �' •� R�e s d !. � 1051 • FLOWAGE EASEMENT THIS INDENTURE , made and entered into this�,day of May, 1979, by and between Roger A. Fazendin and Margaret C. Fazendin, husband and wife, Daniel C. Fazendin and Lynn L. Fazendin, husband and wife, and Spencer D. Rotzel and Victor F. Rotzel, husband and wife, and Henry E. Neils and Eva R. Neils, husband and wife, their heirs, assigns , and successors (here- inafter collectively referred to as the Grantors and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee) . WITNESSETH, Grantors, for and in consideration of the sum of One Dollar ($1. 00) and other valuable consideration, hereby quit claim and convey to Grantee a nonexclusive Flowage Easement for a storm water holding area over the following des- cribed property located in the County of Hennepin, State of Minnesota: The wetlands area in Lot l, Block 1 Fazendin Forest subdivision as shown • on the recorded plat thereof. Conveyance of the aforesaid Flowage Easement is hereby given upon the following conditions: 1. Grantors Henry E. Neils and Eva R. Neils, husband and wife, retain the right to maintain an existing lot line fence (wire and rail) which is presently on their property. 2. Grantee its successors and assigns hereby agrees to reconvey to grantors Henry E. Neils and Eva R. Neils, husband and wife, their heirs and assigns the aforesaid easement at any time in the future that such wetlands area ceases to exist as a storm water holding pond, by reason of diversion of up- stream run-off water, construction of storm sewers, construction in adjoining municipalities which alter such run-off water or for any other reason that causes such wetland to cease to exist as such. The judgment of the Minnehaha Creek Water Shed District shall be conclusive as to whether such wetlands area is needed t^^^ ^ ^+-�+^*++ *.»��+r hnl �i nrr aYPa _ . . , . �.• ' • All the provisions hereof shall run with the land and shall extend to and bind the heirs , successors, representatives, and assigns or grantees by the r ctive pazties here,to. � l --____: �,. c � �� . � �� � _ - � • • �, w ; STATE OF MINNESOTA ) ) SS. • COUNTY OF HENNEPIN ) i On this �_day of ;J'c.-E'-- , 1979, before me a Notary Public within a for said County and State, personally appeared Daniel C. Fazend-irC and Lynn L. Fazendin known to me to be the person {s) described in and who executed the foregoing instrument, and acknowledged that they executed said instrument as their own free act and deed. �^^^.^"`"`�^'`"^,`^^^^^^����nnnnnrv��nnv�nnn�. 1F�,'J H�' L� LOVE � ��'���� �` iJOTAnY PU41 ;:-��:;��NESOTA � / �� ' ��21/�1.- %b�C-G�=��' z�Zl-P� 1M 2 "�6`v.• .n:,,.� � ��"r / � Hf_�:PdEPi°, �.,,,.ry h1 CommissionEx^' � Nota� Public � Y �i:�s;';u;;. 2,19$1 Y b'��1,�v�b�'V'd.�'.`✓."v�.'.-�.�.•d.�.�... ,.,'r"vyyV�t l J ,, STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) l�n thi � � C�dV Of ������_��` � 1979� . - . .:..�' � a`�' , . • STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this day of , 1979, before me a Notary Public within a for said County and State, personally appeared Henrv E. Nile nd.Eva:R. .Neils known to me to be the person (s) described in and who exec.uted the foregoing instrument, and acknowledged that they executed said instrument as their own free act and deed. � ary Public +�nnnns� ' STATE OF- Wis:consin �� : JEAN HUDDLE LOVE • � � NOTARY PUBLIC-MINNESOTA � SS. ' HENNEPIN COUNTY COUNTY OF Out3gamie � - • h1y Commission Expires Aug. 2,1981 DfWWWWVVVVVVWVVWWVWVVVVWWVY On this 29th day of � M�3' , 1979, before me a Notary Public within and for said County and State, � personally appeared Spencer D. Rotzel and Victoria k'. I�otzel known to me to be the person (s), described in and who executed the foregoing instrument, and acknowledged that "they executed said instrument as their own free act and deed. � , � � Z.�%�i Notary Public ' Outagamie County, Wisco s Commission expires 1-1 - � State Deed Tax Due Hereon:�. Exemp_t ' This Instrument was drafted by: ,, , THOMPSON, NIELSEN, KLAVERKAMP & JAMES, P.A. 4444 IDS Center Mi.nne.apoli.� Minnesota 55402 ' � . . ` ;�,• � t'�c , . • STATE OF 'MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this �day of , 1979, before me a Notary Public within a for said County and State, personally appeared Henrv E. Nile nd.Eva:R. .Neils known to me to be the person (s) described in and who exec.uted the foregoing instrument, and acknowledged . that they executed said instrument as their own free act and deed. • ary Public �� � Wisconsiii _��� : 1EAN HUDDLE LOVE - STATE OF- ) � NOTpRY PUBLlC-MINNESOTA � SS. � ' HENNEPIN COUNIY COUNTY OF Outagamie � • � h1y Commission Expires Aug. 2,1981 uwwwwvvvvWwwvwwvvvv`.+vwvw x On this 29th day of � M�y , 1979, before me a Notary P.ublic within and for said County and State, • personally appeared Spencer D, Rotzel and Victoria F. l�otzel known to me to be the person (s), described in and who executed the foregoing instrument, and acknowledged that they executed said instrument as their own free act and deed. , '�.� � Notary Public ' Outagamie County, Wisco s Commission expires 1-1 - f State Deed Tax Due Hereon:�. Exemp_t ° � . '. This Instrument was drafted by: „ , THOMPSON, NIELSEN, KLAVERKAMP & JAMES, P.A. ' 4444 IDS Center �— Minneanolis, Minnesota 55402 , � .