HomeMy WebLinkAboutResolution 1297 I....
� Cit o� ORONO
�
• RESOLUTION OF THE CITY COUNCIL
• NO. 1297
• - • • :;
A RESOLUTION APPROVING A SUBDIVISION
OF LAND OWNED BY THE CITY OF ORONO FOR
SALE TO THE MINNESOTA DEPARTMENT OF
NATURAI� RESOURCES
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
subdividion regulations for the orderly, economic, and safe develop-
ment of land within the City; and
WHEREAS, the City Council and the Minnesota Department of
Natural Resources have agreed in principle to subd.ivide for sale a
three-acre parcel of City land to be used as an accessory parking
lot and access for the DNR' s Luce Line Trail, which property is
legally described as follows (Property) :
S That part of the north 590 feet of the south 640 feet
of the Northwest Quarter of the Southwest Quarter of
Section 31, Township 118 North, Range 23 West, lying
westerly of a line run parallel with and distant 50
feet westerly of the following described line:
Beginning at the southwest corner of Section 31,
Township 118 North, Range 23 West; thence on an
assumed bearing of North 0 degrees 40 minutes 43
seconds West along the west line of the Southwest
Quarter of said Section 31 a distance of 777. 96
feet; thence northeasterly 1313. 29 feet along a
tangential curve, concave to the southeast, having
a radius of 1532. 80 feet and a central angle of
49 degrees 05 minutes 26 seconds; thence North 48
degrees 24 minutes 43 seconds East, tangent to the
last described curve, 2725. 85 feet and said line
there terminating. Containing 3 . 01 acres.
WHEREAS, on January 19, 1981, the Planning Commission held
a public hearing to discuss the intent for use of this property and
thereafter recommended approval of the subdivision for this purpose;
and
WHEREAS, the Planning Commission has specifically noted
that this property is only 3 . 1 acres in area compared to a minimum
• requirement for 5. 0 acres of land in the RR-1B District, if the
property were to be considered as a residential building site; and
PAGE OF
r
� clt o� oR,oNo
• �'
RESOLUTION OF THE CITY COUNCIL
� NO. 1297
• • • •
WHEREAS, because this property is not a building site
but does abut other residentially zoned properties, certain
restrictions are considered necessary to ensure proper protection
of the adjoining residential properties; and
WHEREAS, the Department of Natural Resources has asked
the City to reconsider certain provisions of Resolution No. 1242
relating to the sale of the above property and the City Council
has done so at the council meeting of June 22, 1981.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Orono hereby makes the following findings of fact:
l. It is in the public interest to provide a parking
lot and access to the DNR Luce Line at this point.
2. The intended use of this property conforms to the
Comprehensive Plans of the City.
3. The size of the proposed parcel is substandard for
� residential purposes in the RR-1B District but is
sufficient for the stated public purposes.
4. The public benefit to be gained from the creation
of this access justifies approval of a lot area
variance for creation of the 3 . 1 acre parcel. The
remaining City land exceeds 5. 0 acres and, therefore,
does fully comply with all zoning ordinances of the
City.
AND, THEREFORE, BE IT RESOLVED that based upon the above
findings, the City Council hereby approves subdivision of the above
described City land for this purpose, and furthermore, authorizes
the Mayor and City Clerk to enter into agreements providing for the
sale of said parcel to the State of Minnesota subject to the
following conditions:
l. The purchase price shall be $10, 500. 00.
2. The City will retain, through a deed restriction,
drainage easements along the west 20 feet and
south 30 feet of the parcel together with ease-
ments providing for access to and maintenance of
said drainage areas.
• 3. The Department of Natural Resources shall agree not
to allow access through this parcel to any abutting
property, except recreational access to the Luce
Line Trail itself, unless prior written approval
shall have been obtained from the City of Orono.
� Cit of ORONO
�
�
RESOLUTION OF THE CITY COUNCIL
� NO. 1297
� - • •
4. A deed restriction shall be included which will
provide that no permanent structure shall be
constructed on the property without the prior
written approval of the City, except that the DNR
may construct a loading and unloading ramp for
equipment, horses and vehicles to be used on the
Luce Line Trail and the DNR may install latrines
which meet the requirements of City regulations,
without first obtaining written consent.
5. In the event the Department of Natural Resources
ever sells the property, the DNR shall first offer
in writing to sell the property to the City for
$10, 500. In the event that the City declines to
purchase the property within 30 days of the receipt
of the offer, the DNR may sell the property and the
restrictions set forth in paragraph 4 above shall
be eliminated if the sale is to a private, non-
governmental person or corporation, in which case
the use of the property shall be subject to the
ordinances of the City then in effect. In the event
. the buyer is a governmental entity, then the provisions
of paragraph 4 shall remain in effect. In any case,
the provisions of paragraph 4 shall run with land and
be binding upon any future governmental entity owning
the property, except for the City of Orono.
6. The Department of Natural Resources shall agree to
waive any and all rights to load and unload maintenance
or other equipment at the Bederwood Park site on
Stubbs Bay Road, with the intention of using this
access location for all purposes instead of the
Bederwood Site.
Adopted by the City Council of the City of Orono, Minnesota at a
regular meeting held June 22, 1981.
�-�, , ,_. t
� ����ti_"'' � �_ `";�;, �..
William B. -Van Nest, Mayor
Mary C. But�er, Acting Mayor
ATTEST:
�V��.-���.�-���_��
• Alberta Strom, City Clerk