HomeMy WebLinkAboutResolution 1053 Y r • •
, • RESOLUTION N0, 1053 .
• �
A RESOLUTION APPROVING THE PLAT OF • '
. MILLSTON
� 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 P. Gerald Mi11s, the subdivider; and
WHEREAS, the � subdivider has completed all requirements of
- the platting .regulations of the City, including:
1. Completion or confonnance with all requirements of �
. . Resolution No. 984 granting preliminary approval to this •
Subdivis ion.
� 2. Dedication on the plat of a 66' wide right of way for
� . public streets and roads shown as County Road No. 15.
3. Creation of a new private road shown on the plat as
Outlot C to be known�henceforth as MILLSTON ROAD.• 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 Outlot; the Subdivider has created non-
� exclusive ingress, egress, drainag e and utility easements .
(Exhibit B) over said Outlot in favor of all abutting and/or
� benefiting lots; and the Subdivider has created certain
maintenance covenants (Exhibit B) wherein each of the abutting
and/or benefiting lot owners covenants and agrees to
� - permar3.ently maintain and pay for the cost of maintenance for
� � said private road. ,
4, Execution of a Developer' s Agreement providing for
. reloca tion of the private road intersection with County
Road� 15 on or before August 25, 1979. .
� ' S. Pa�rment to �the City of a Park Dedication Fee in the
amount of $750.00.
' `a
� .
� ,
, Resoluti�n No. 1053
� Page 2 ,
NOW, THEREFORE, BE IT RESOLVED, that the City Covncil of
the City of Orono hereby approves the plat of Millston, Hennepin
County, Minnesota; subject to the following conditions:
� 1. The aforesaid plat shall be filed with the Hennepin
County Recorder' s Office on or before December 26, 1979
together with a certified original copy of this Resolution
and executed copies of Exhibits A & B as noted above.
2. Lots 2, 3, and 4 are _riparian to Lake Minnetonka
(Tanager Lake) by means of direct shoreline access .
3. Outlot A shall be held in common ownership with Lot 1
• . and shall provide riparian access to Lake Minnetonka
� (Smith Bay) for said Lot 1; Outlot B shall be held in •
. coffinon ownership with Lot 5 and shall provide riparian
access to Lake Minnetonka (Smith Bay) for said Lot 5.
• 4. The existing cottages on Lots 2 and 3 shall be
removed prior to issuance of building permits for new
� residences on these respective lots.
The approval granted by this Resolution shall expire if the plat has
not been filed by the date specified above. In that event, it will
be necessary to file a new application with the Gity of Orono for
subdivision review.
Dated this 27 day of June 1979.
William B. Van Nest, Mayor
S
� AT S :
Walter R, enson, Clerk/Ad.ministrator �
� • ,
� L , .
� STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
The undersigned duly qualified and acting Citp
Clerk/Administrator of the City of Orono hereby certifies
that attached hereto is a true and correct copy- of the
original Resolution passed by the City' Council of the City
of Orono on June 27 ,• 19 79, approving the -
- Millston Plat ' -
on file in the office of the City Clerk/Administrator, City '
of Orono. • � � •
• . .
. _ alter R. son, Clerk/Administrator .
� ,
Dated this 27 " day of June r , 19�: �
(Seal) � � •
•
� � " K fJCfll$I T �4
� • � � I�ESoL. .1.��.
�
� . .
ROAD AND UTILITIES EASEMENT
THIS INDENTURE, made this 14th day of June, 1979, by
and between P. Gerald Mills and Arzella T. Mills, husband and
wife, hereinafter referred to as "Grantors" , and the City of
Orono, a municipal corporation, under the laws of the State of •
Minnesota, hereinafter referred to as "Grantee" .
WITNESSETH, that Grantors, in consideration of the sum
of One Dollar ($1. 00) and for other good and valuable consideration
given by Grantee, the receipt of which is acknowledged by Grantors, .
do hereby grant, bargain, sell and convey to Grantee, its �
successors and assigns, an easement for public �ingress, egress,
access, road and utilities purposes and uses, on, across and
under the land (the "Land") in the County of Hennepin and State
of Minnesota as follows: � -
- Outlot C, Millston Addition according'to the plat
thereof .filed with the Registrar of .Titles, .
_ Hennepin County
. for the benefit of Lots 1, 2, 3, 4 and 5 of said Millston Addition
_ including, but not by way of limitation, a full and free right and
authority to enter upon said land to construct, install, maintain,
• operate and repair a sanitary sewer lift station, sanitary sewer
interceptor, sanitary sewer main or line, gravel or paved road
and any and' all appurtenances incidental and related thereto,
(such are hereafter collectively referred to as. the Improvement) ,
and the Grantee shall have the right to make such use of said land
, as is reasonably necessary and advisable to the construction,
� installation, maintenance, operation and repair of the Improvement.
� In addition to any other remedy the Grantee may have,
the covenants and restrictions contained •herein may be enforced .
by injunction.
TO HAVE AND TO HOLD said easement unto said Grantee,
;_-E�.�,l....o��,�_,.-_��-,...,a-....�._.,.._._____. r=�__._,._ -
�� -
i '
• wife, to me known to be the persons described in and who signed
the foregoing instrument, and acknowledged that they executed
same as their free act and deed. �
.
/-` 'L-IOMAS M. CROSBY,JR. Gi�rC< �
� �J � NOTARY PUDLIC 'r MINNESOTA
HEN.NEPIP[ COUfyIY ' Notary Public �
MYCommission Explres Nov.16„1979� �
The undersigned, mortgagee of the Land, hereby acknowledges
the granting of the above Road and Utilities Easement and, by
execution of this instrument, hereby consents to such easement
and subjects her interest in the Land to such easement.
Dated: `� ��.�� .s� , 1979. -
. � �
' � �� �
� Jolley �liza eth White
STATE OF MINNESOTA)
• ) ss.
:COUNTY OF HENNEPIN) - �
. On this (�� day of �,,,�,,.�-� , 1979, before me personally
appeared� Jolley Elizabeth White; to me known to be the person
described in and who signed the foregoing instrument, and
acknowledged that she executed same as her free act and deed.
� � � � .
���� ��
Notary Public
r°°"�°.�'`�.,•,.-,�.._�..__
. .._ . —T-------� c��, HORacr ..;...,,�,,�
,
��
_ � . ,
. . �
• -
• EXHIBIT A
1. The interest of the Town of Orono for the
benefit of the public in and to the West 199 feet of street
or road lying North of Lot 10, Rearrangement of Orono point,
� as reci.ted in the legal description on Certificate of Title
No. 580272.
- • � 2. A mortgage given by P. Gerald Mills and Arzella
T. Mills to Jolley Elizabeth White, dated November 15, 1978, .
and filed December 21, 1978, to secure $580,000. .
3 . The right of way of County Road 15 across the
Southerly end of Lots l, 5 and Outlot C. � � •
4 . Real estate taxes due and payable, in the second
half of 1979.
. '
' 5. The rights of the State of Minnesota in trust
for the people thereof to any part of Lots l, 2, 3, 4 and 5
below the ordinary high water mark of Lake Minnetonka and
Tanager Lake.
�
. . ��r�i�iT .�
' - . pQ�Svc. ,_05.�.
•' -
� DECLARATION O� PRIVATE ROAD EASEMENT .
. AND
DECLARATION FOR MAINTENANCE OF SAME
MILLSTON ROAD
MILLSTON
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, P. Gerald� Mills and Arzella T. Mills, husband
" • t
and wife, are the fee owners (the "Owners") of that certain
parcel of real estate located in the City of Orono, County of .
Hennepin,' State of Minnesota, legally described as follows: . .
� Zots 1, 2, 3, 4 and 5 Millston Addition .
according to the plat thereof filed with �
the Registrar of Titles � �
� and � �
. WHEREAS, the Owners now desire to create a non-exclusive
private road easement for driveway, ingress and egress, and utility
purposes over and across Outlot C of said Millston Addition -
("Outlot C") for the mutual benefit of Lots l, 2, 3, 4 and 5, �
. NOW, THEREFORE, the Owners do by this Declaration for �
themselves, their heirs, successors and assigns, hereby create a
non-exclusive easement for driveway, .•ingress and egress, and
„+; � ;+v__nurn.�ses�ovPr ar,r� a�ross�.�i.tlo-�C._for_the_mutuaLbeaef_'1_t
�;�
�
. � '
'� or service said private road, and that .the City •of Orono does
not intend to acquire or open said private road as a public
� roadway. �
- 2. That the Owners will and do hereby assume and
agree to pay a proportionate share of the costs (the "Road Costs") �
of maintaining, repairing and replacing, if necessary, the
private road over said easement described herein to at least
a standard of quality as may �be required from time to time by
the ordinances of the City of Orono in regard to private roads.
� 3.• The share of each of a benefited lot owner (a
"Lot Owner") of the Road Costs shall be due and payable on the
date such costs for construction, maintenance or repair •are due •
and payable to the person or entity rendering an account therefor. -
_Each� Lot Owner' s share of such costs shall bear interest at a
�; rate of eight (8$) percent per annum from such due date to the
date of payment. Any Lot Owner may bring an action, on behalf
of the non-defaulting Lot Owners, to collect a defaulting Lot �.
Owner's share of the Road Costs which are not paid when due, and
shall be entitled to recover such reasors�able attorneys ' fees as
�
the court may allow, together with all necessary costs and
disbursements incurred in connection therewith.
• - 4. •The Lot Owners of benefited L-ots l, 2 .and 3 (the
. s
--- '�,�—���s.��.o.�the
� .
I �
� � , . . .
� , the Lot Owners of at least two of the I�ot Owners of the •Three
� Lot Group and by at least one member of the Two Lot Group.
~ 6. No Lot Owner may exempt himself from the liability
for assessments by waiver of the use or enjoyment of any of the
private raod or by the abandonment of his Lot. •
7. In the event that the ..Lot Owners fail to maintain,
" repair and replace the private road as provided for herein, the
City of Orono may undertake to maintain, repair and replace the
private road as provided for herein and such actions by the City
of Orono will not result in the private road' s becoming a public
roadway. In that event each of the Lot Owners will pay to the
.City of Orono the proportionate cost incurred by the City of
Orono within thirty (30) days of the receipt of such charges or "
-else such charge shall become a lien upon each Lot at the �
• proportion as provided for in Paragraph 4 hereof. •
� 8. Each Lot Owner by acceptance of• a deed to a
benefited lot, whether or not it shall be so expressed in the
conveyance, shall be and hereby is deemed to covenant with the then " .
Lot Owners, that he/she/they shall pay promptly when due his/her/
their proportionate share of the costs described in the preceding
paragraph. The costs described in the preceding paragraph shall
be a personal obligation of the person or persons who are the Lot
,
i ,
,
�
i .
i ,
� �
�
,. .
: � . ' ' , .
1 ' .
� the cost of such restoration against the�S,ot Owner who violates
• this section and such assessment shall become due and payable
upon the demand of any of said remaining T�ot- Owners. All of
the remaining Lot Owners, or any of them, shall have the right
and power to collect the cost of such restorations in a legal �
proceeding for that purpose.- If Lot Owner interferes with the ,
rights and privileges of another Lot Owner in the use of. the
private road, except as herein provided, the remaining Lot �
Owners, or any of them, may commence an action to enjoin such
interference and the prevailing party shall be entitled to recover
such reasonable attorneys' fees , as the court may allow, tog�ther �
with all necessary costs and disbursements incurred in connection
therewith.
• 10. Any Lot Owner may delegate his right of enjoyment
to the private road to his tenants who reside on a benefited lot,
� to the members of his family and his guests and to his invitees.
11. The covenant contained herein shall run- with the
land and shall be binding on and inure to the benefit of the
parties hereto, their heirs, representatives, successors and
assigns. . ,
12. There may be no amendment to or release of the
, �-- --<�-�—��G��as_ement and declaration without the prior written , t
� � ..� � .
�
�
�
�
�
� '
f _
I
.
, "
wife, to me known to be the persons described in and who signed
� the foregoing instrument, and acknowledged that they executed
� same as their free act and deed.
I ��l/ . � . � � /�
�/� �, , _ ic''i
Notary Public .*rti S M. CROSBY, JR. �
�!} ' NOJARY PU811C E— MINNESOTA
� : }f��3�Pta COUNIY 8
� �yCommhsion �xptrcs Nov.16,1979}
X
The undersigned, mortgagee of the land described in
the foregoing document, hereby acknowledges the declaration of
the covenants set forth therein and, by execution of this
instrument, liereby consents to such declarations and easements
and subjects her interest in such land to the declarations
and easements.
Dated: �1� , :�-t` - .; , 1979. II
, � ; �
' ��� ` .,
� "� � �
, �
�
!Jolley E1 zabet� White
�/
;,
. STATE OF MINNESOTA)
� ) ss.
COUNTY OF HENNEPIN)
On this %� ;` day of , �,;�� , 1979, before me personally
appeared Jolley Elizabeth White, to me known to be the person
described in and who signed the foregoing instrument, and
acknowledged that she executed same as her free act and deed.
^�,�,/��C-< ;�'� .�7�
Notary Public
'�}(ORACE ��TC:{
� �. . ' HEMN<P�n. .,J.i�vi
( w COMM 89 ON E%v�RE` JULY 18. �9✓�
� _.��M/�!-`�'
�