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HomeMy WebLinkAboutResolution 1052 :'. �' � RESOLUTION N0. 1052 • � ! A RESOLUTION APPROVING THE PLAT OF � POPOV ADDITION 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 Fred Poisson and Boris Popov, the subdividers; ; and WHEREAS, the subdividers have completed all requirements of the platting regulations of the City, including: - . � 1. Dedication of County Road 84 right of way 33' from centerline. 2. �reation of a private road to serve Lots 2, 3 and � Filbrandt property to east, over Outlot A. Concurrent with the creation of this private road, the Subdivider has dedicated to the City a Road and Utilities Easement � (Exhibit A) granting to the City permanent access ,• improvement and utility easements �over said Ontlot A. 3. Creation of a private driveway to serve -Lots 2 and 3 only, over Outlot B with private ingress, egress , drainage and utility easements and/or joint ownership but without public easement to the City. 4. Dedication to the City of a Flowage and Conservation . Easement (E�ibit B) providing for limitation on the use of wetlands and/or drainageways described therein and as shown on the P1at as "WETLAND" and "DRAINAGE c EASEMENT", - 5. Payment to the City of a Park Dedication Fee 'in the amount of $100.00. . � � r. f .� ` L . � Resolution No . 1052 • • Page 2 � NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Popov �Addition, Hennepin County, Minnesota; subject to the following conditions: - 1. 'I'he aforesaid plat shall be filed with the Hennepin . County Recorder' s Offic,e on or before December 26, 1979 together with a certified original copy of this Resolution and executed copies of Exhibits A and B as noted above. 2. Prior to issuance of building permit for construction on : � Lot 2 the private road over Outlot � must be improved ' to a minimum surface width of 18' . The private driveway - � � extension over Outlot � must be improved to a minimum �12' surface width with a minimum 30" diameter culvert . � at the drainage easement crossing. Road and driveway � improvements shall be according to all current C�ty specification standards for such work and shall be subject to issuance of all required permits. • 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 , 979- y • William B. Van Nest, Mayor ATTEST: � S . . � Walter R Benson, Clerk/Administrator i � . � v � Y� �• • • ♦ ^ • 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 June 27 � , 19�y, approving the plat - of Popov Addition - . • . on file in the office of the City Clerk/Administrator, City ' of Orono. � • • � . . Walter Benson, Clerk/Administrator . Dated this � . 2'1 � dap of June , 19 79. - " . S (Seal� -� -�� . . • . ' . . i � . �k'�(t� I T � Y~. �, }tOitD ?'iJdb UTILITIES r.?zSEAS��T ��SO(� , � . TNIS 1ldDE1�T�RE, made this �7 day of ��. 197__`� , by and between CLTNTON C. B�P.G AND ROS�P',ARY C. BER� HUSB.4ND AND b;IFE AS JOINT . _ TE��.�NTS• FREC�ER]CY.�� 5 h D ! ' N. S , HUSEA!`D AND W1 FE, AS JOI NT TEnAh � : � � . ^ D . I !-vV I� Lt K. r LD.J-��•� I� J � I I t �,NT$� �m on e n� � e.�.�� � � hereina�tez z�e�erred to as "Grantor (s) , and the City of Orono, a municipal corporation, unner the lak�s of the State of Mir_nesota, hereinafter referred to as "GranLee" . WITNESSETH, that Grantor (s) , in consineration of the sum of One Dollar ($1 . 00) and for other good and valuabl'e consic3era- t�on given by Grantee, the receipt of which is ac};nowledged by Granior (s) , do (es) hereby grant, bargain, sell and convey � to Grantee, its successors and assigns, an easement for public ingress, egress, access, road and utilities pLrposes and uses, on, across and unoer the land in the County of he�nepin and State of riinn�sota a s i ollok�s: OUTLET 'A' AS SHOWf�f ON THE PUaT OF POPOV ADDITION ' - • • I . � t ' � � - . , i . - • � ��''=:,+�a..;. � -• • -— — - �' ���.�"��� ` �`'�� ,�� �,��# x:�.._ ,, _--T �►.. aY3i�'A�.,�� ��y: � Y cr b~ -��- _ ` ° T� gpVE AND TO HOLD said easement unto said Gran e , �t *x�'��f=�'-� . ,, ermanently. t k� t��{�����" its successors and assigns, p .� t�, ''3r'�F . � '�r�� herein certify that the lands herein '`��"�'r^'�=° The Grantor (s) �,A;:;• �'�' described are free and clear of all encumbrances .excep : ���=�. • P filed � e ranted to Wayzata Bank & Trust Com any , =�;'' 1, A mort ag g d as Document No . ee , 2 , Sub' ect to restrictive covenants con aine in a as Document No. 5 839� . . IN WITi�TESS WHEREOF, said Grantor (s) have set �_ hand (s) on the,day and year first above written. �.� � �� .. � � �� �� . � . . J STATE OF MINN SOTA � ss. . . , COUNTY OF HENNEPIN ) • . 197 9 � before me . � �_ �j_ day of J�e " ' �' !� on this ^ ..�,�G�.� ;.�._C'F�.����;r,�� ��� person,ally y'�' '���``�� a eared?�G�-�-�-��" ,� �, � ���� ����, to me known to be"�the �'eandnacknowledgedd ��' yf�'L�)���n and who si�ned the foregoing instrument, � that they executed same as their free act and deed. — �G(L R POISSON 4� C�ONN� M ��(�ON , l � � �UN� �-�, l�I�'� •� X �'�.4�� t ' pub"1� �� •,, � � - - ANNA L. ORriE NO ary ,r,, ,�,.✓�nnr✓,r.•,f .,.,:•.�--•_. . r • . Notary Public, Hennepin County, PAinn� � ,,, r,r�'; =;;'."!��-?=C�� ~ My Commission Expir�s Jur.�eU�19 � �p�Pt" : _• • .P:''' � • �'"''_ - - STATE DEED TAX �FlEREON: ..� �� . . ;:, . . � _ :�; __. . . --. . , � 'i�:.V.NYr'�'+�• - Y•�n r•:^ ^•.MJVWV'NN.. This Instrument was Drafted By: . ' POPHAM, HAIK, SCHNOBRICH, KAUF'I'�'N . ' & DOTY, Ltd. � • , � �xf�/��� �I3 � �. i n-'l ('.`^. :=1��7 CL�1�_'.��:�'ir'Z�i\ 1'?.✓Lir�.?\1 VIG��L• /Q�+L 1' �.�t'�.i•� r.::t7 �ti?3IV�R Ot U.'--?�=iGES THIS �ND�?.'_�li�E, r�,ade and e�tered into this 27 day of , by and between Clint n C . Ber and � m �r Junus an an�--w�� e�9as9 oin enan s • Fr r c oisso nd D o1'�i a�Iy �o i�a�n�:�ai� �-�ena.n.�s�;-a�n.��� � ^s,�-:-�--���i g�e 1�4�eirs, a sslgr.s, suc-�rs (here�na�er collec�ively ' referred to as the Gran�or (s) ) a�d the C�ty of Orono, its suc- cessors and asszgns, a nunicipal corporation under the laws of the Sta�e of 2•Sinnesota (hereina��er referred to as the Gr�ntee) . i�'IT2��SSETH, Gr�n�or (s) , for and i� consideration of the �L1-n of One �ollar ($1. 00) and other valuable consideration, ?�ereby covenant, grant, a� it, quit cla� � and convey i�o Grantee the right to restrict and Gran�or(s) 3gree to limit and pre- clude t he use, improv��ent and develop;nent, under the condi- • tior.s and cotien�nts herein contai�ed, the following desc�ribed L�nd in the Co�inty of Hennepin and State of Min_nesota: The �'Drainage Easements" and "Wetlands" as shown on the plat of Popov Addition, Hennepin County; Minnesota. � � ,�.�.,__,�.._,L,.�., , • _ � 1r !7. ZvC� 5011� �i?rli3� 1.:1 C\%t�l U� O�I7C'I' Sli�-'�SL�3*lCC' Ul i��;i��:l�.:1 , -�--" ` � � �s lanct:ill Shal� be plac�d, dt:.Tped or s�ored u�n the L�nd �nd "-��o kaste, �rash or garbage shal� be placed, dul-��ed or stored • ''� , u�on the Land. ' E. lvo use shall be made of the Land except uses, if . any, which will not change or �altez the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil con- servation, f ish and �aildlife habitat characteristics shall be made of the Land or th� water situated thereon. . F. Grantee may enter upon the Land for the purposes of inspection and enforcement of- the coven�nts contained herein and to cause to be resnoved from the Land wit�out any li�bility � any structures, uses, materials, subs�ances, or unr atural mat- ter inconsistent with the covenants contained herein and the natural state of the Land. - 2 . Grantor (s) hereby grant, gift, quit claim a�d co�vey �o GranLee, a •perpetual fle�-age ��s��nent and ?'?QYlt and privilege to trespass �rith �:.ater over and upon any or all of the Land. ; � 3. Grantor (s) herein ao hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of , its officers and e�nployees of and from any and all cla?ms, • • de�ands or causes of action of any kind or nature �,i?�atsoever which may �rise or accrue by �irtue of any flo�aoe or trespass with water within terms of these agre�nents. In ac�dition to any other resnedy the Grantee may have, � the covenants and restrictions contained herein rr�ay be er,forced by injunction. Grantor (s) do not intend that the public should have zny interest in the above land by virtue of this indenture or other- wise, except as hereinabove set forth. ` The Grantor (s) herein certify that the land herein aescribed are free and clear of all encw-nbrances except: � �1 A mort a�,�e �ranted to Wavzata Bank & Trust Company, filed as Document No. 1312310. 2 Subiect to restrictive coven�.nts contained in a deed, filed as Document No. 518399 . " � � +�,e p_�ovisions hereof shall run with the land and � . i . I . , �� ; . .