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Home My WebLink AboutResolution 1088 .�� n r � �� RESOLUTION NO. 1088 ' ' • � A RESOLUTION APPROVING THE PLAT OF JOHNSTON' S FRENCH LAKE . WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of P�innesota; 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 Harrison R. Johnston, Jr. , the subdivider; and WHEREAS, the Subdivider has completed all requirements of the platting regulations of the City, including: � l. Dedication on the plat of rights of way for public streets and roads, shown as Willow Drive. 2. Dedication on the plat of drainage and utility easements. , 3. Dedication to the City of a Flowage and Conservation Easement • (Exhibit A) providing for limitations on the use" of wetlands and/or drainageways described therein and shown on the plat as "wetlands" Outlots A & B. 4 . Payment to the City of a Park Dedication Fee in the amount of $200. 00. • 5. Payment to the City of all application and review fees according to the City Fee Schedule. - NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Johnston' s French Lake, Hennepin County, Minnesota; subject to the following conditions: 1. Creation of a private driveway easement in favor of Lot 1 over Lot 2. 2. Creation of private utility easements in favor of Lot l over Lot 2. 3. All new construction shall conform to required setbacks from the lot boundaries as platted. 4 . French Lake immediately south of the shoreline as indicated on the plat is currently wetland and not open water, and � shall be considered for regulatory purposes as wetland and not as navigable Water. This plat shall not create any new riparian rights not otherwise existing. In addition, the - subdivider shall quit_ claim to the City a flowage easement similar to Exhibit A `above over any and all parts the French Lake marsh which are .or maybe acquired by accretion to this property and/or recession of the open water of French Lake. Resolution No. 1088 �age 2 5. The existing driveway on the property has been approved by the City as acceptable to service one dwelling each on Lots 1 and 2, but insufficient with substandard sight distance at the intersection with Willow Drive to serve -- any additional dwellings. The subdivider has agreed to construct a new driveway or private road according to all current City standards of design and construction should this property ever be further subdivided or should the property immediately west of this plat ever be subdivided. Such driveway would most likely run through and in effect � divide Lot 2 as platted herein. � 6. The aforesaid plat shall be filed with the Hennepin County i Recorder' s Office on or before May 13 , 1980 together with ; a certified original copy of this Resolution and an i executed copy of Exhibit A as noted above. i 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. .ated this 30 day of October , 1979 . � 1 � 1 f f��,�� I � �, Williain B. an Nest, May r ATTEST: � �� Walter R Benson, Clerk/Administrator / � ., • , (.^ - � \ r • STATE OF MINNESOTA ' � COUNTY OF HENNEPIN ' ; . CITY OF ORONO � . � � � The undersigned duly qualified and acting City Clerk/Administrator of t�ie 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 October 30 � , 19�`�, approving the plat of Johnston' s French Lake - on file in the office of the City Clerk/Administrator, City � of Orono. . ' � , - . - � � • � ' L� - ' � Walter . Benson, Clerk/Administrator _. - � . . � . , I Dated this - 30 day of October , 19�- � � , � (Seal) . � � _ t , i , . � � . , . � � a � . � � . � •a. •° � • ��'�j� s— � , . '` , FL�WAGE AND CONSERVATION EASEMENT � ��if/+�`��v� - AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this y-� day of � • pCT�� , 197�' , by and between ��,e.v.s� i'C' �°�1��, �Z �[- G=Z I.�/j��-�u c/Ce s s y ,Tb��s 7a�v h ..� hw..a � �.�� • heirs, assigns, successors hereina ter co�lective� ref rred to as the Grantor (s) ) and the City of Orono, it�s suc- cessors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee) . WITNESSETH, Grantor (s) , for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor (s) agree to limit and pre- clude � he use, improv�nent and d evelopment, under the condi- � tions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: �ff� D'U%LoT� � � � As � ��•J � a.v � �[�--Sr- o �c ,�%� � s �a �c/s �—,��/C f/ L�N��' . � as follows: � 1. Grantor (s) hereby covenant and agree (s) : A. No structures shall be constructed, erected, or , placed upon, above, or beneath the Land including without limit- ation, fences, fireplace's, steps, docks, piers, hard-cover or roads of any nature whatsoever, or any other structure or improve- ment inconsistent with the natural state of the Land. � B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized . by written consent of Grantee. � C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any. change ,of the topography of the Land --ti1.,....� tti.... ._,.-; �i-.,., .-..�,.,�e�,� r,� rran�oc � • ' . D. No soil, sana, gravel or otner substance or maLeriai , �_ ^ as landfill shall be placed, dumped or stored upon the Land and ' " no waste, trash or gar.bage shall be placed, d�nped or stored • upon the I�and. ' E. No use shall -be made of the Land except uses, if • + any, which will not change or alter 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 wildlife habitat characteristics shall be -- made of the Land or the water situated thereon. � F. Grantee may enter upon the Land for the purposes of inspection and enforce�►ent of the covenants contained herein and to cause to be reJnoved from the Land without any liability � � any structures, uses, materials, substances, or unnatural mat- ter inconsistent- with the covenants contained herein and the natural state ot the Land. 2 . Grantor (s) hereby grant, gift, quit claim and convey ' to Grantee, a perpetua� flewage zase�nent and right and privileoe to trespass with water over and upfln any or all of the Land. 3. Grantor (s) herein do hereby reJniss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and e�nployees of and from any and all claisns, � demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any f lowage or trespass with water within terms of these agree�nents. In addition to any other resnedy the Grantee may have, � the' covenants and restrictions contained herein may be enforced by injunction. � Grantor (s) do not intend that the public should have any 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 described are free and clear of all encumbrances except: ,On/F ' All the provisions hereof shall run with t e land and shall extend to and bind the heirs, succ ssors, r resentatives, grantees or assigns of the respectiv rties . . � � r . • STATE OF MINNESOTA ) . � ' ) ss. COUNTY OF HENNEPIN ) . • On this �,�r day of �c„��i . 197.�.. before me, a Notary Public within �and for said County and State, personally appeared ��A% _ , Q. �-.��rj. w�'��lu:L�,G' � f� � known to me to be. the rson (s) d�scribed�in and wh execute the foregoing instruQnent, and acknowledged that they executed said instr�snent as their own free act and deed. �Q,��l�.� � _ _ �