HomeMy WebLinkAboutResolution 4936 Y �
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RESOLUTION OF THE CITY COUNCIL
'��� � �G~ � - � �
�kESI3�g' NO. � w� `� � .
A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT FOR PROPERTIES
LOCATED AT 3440 BAYSIDE ROAD AND 205 TONKA AVENUE
� FILE#03-2870
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 Orono (hereinafter "City Council") 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 of a
lot line rearrangement by Roberta Vaughn and Daniel Vaughn and Marie Zeismer and Todd Zeismer,
(hereinafter"the subdividers") of properties legally described as: .' .
� � Exhibit"B"
WHEREAS, the properties consist of two developed parcels owned by the
subdividers shown on Exhibit"A"; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 19, 2003, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
� WHEREAS,the subdividers have completed all requirements of the City for a metes
and bounds subdivision of a lot line rearrangement for division and combination purposes,resulting
in the relocation of the common lot boundary between the properties,as shown in the survey attaclied
as Exhibit"A"resulting in a new legal description for each lot as shown in Exhibit "C"; and
WHEREAS,the intent of the rearrangement is to make each lot more conforming in �
size in order to build a single family residence on Parcel B.
` WHEREAS, Parcel B is granted a lot area variance in conjunction�vith the lot line
rearrangement. . .
• Page 1 of 6
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• ���� r . cITY of ORONo
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�''� G'�' RESOLUTION OF THE CITY COUNCIL
�`gkEsII�4� . NO. � � � �
WHEREAS,Parcel B was substandard prior to and after the lot line rearrangement,
Parcel A and Parcel B still meet the intent of the Comprehensive Plan of the City of Orono by not
allowing additional building sites not meeting the permitted density.
. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby approves the lot line rearrangement of the above referenced property by the
subdividers as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of
Gronberg&Associates,dated and revised March 5,2003,as attached in Exhibit"A",subject to the
following conditions:
1. Applicants shall provide a title opinion for the property confirming ownership and
encumbrances. _. . _
2. Applicants shall dedicate to the public an appropriate drainage and utility easement along the
new property line.
• 3. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City
of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or
before September 10, 2003 together with a certified original copy of this resolution.
4. The approval granted by this resolution shall expire if the division has not been filed by the
date specified above. In that event, it will be necessary to file a ne�v application with the City of
Orono for subdivision review.
Adopted by the City Council of Orono, Minnesota this 10`h day of March, 2003.
ATTEST: ,
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayar
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�',� G�' RESOLUTION OF THE CITY COUNCIL
��kESH.�4� . � NO. � � � �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this l Oth day of March,2003 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
����� �o�� �
•y` '� RACHEL DODGE Notary Fublic
-`��'�-�r:` NOTARY PUBLIC-MINNL'^OTA
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My Commissian Exp(res Jan.31,2005 +
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STATE OF MINNESOTA
� COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ���day of March,2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
�U�
Notary Public
RACHEL DOQGE . � � _
�`���'`; NOTARY PUBL{C-M;hI�J�"�TA '
'� PJIy Canmission Expires Jan.31,2(}05
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Z�r� r./W4.4l.
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Eghibit B
EXISTING LEGAL DESCRIPTIONS• � 9 � s
• Parcei A 2iesmer)
That part of Govemment Lot 3, Section 5, Township 117 North, Range 23 West of the Stn
Principal Meridian, described as follows: Beginning at a point distant 1658.25 feet West of the
East line of the Northeast Quarter of Section 5, Township 117 North, Range 23 and distant
1056.0 feet North of the South line of the Northeast Quarter of said Section 5; thence East
parallel to the South line of said Northeast Quarter a distance of 235.73 feet; thence South and
parallel to the East line of said Northeast Quarter a distance of 373.9 feet; thence West and
parallel with the South line of said Northeast Quarter a distance of 117.87 feet;thence South and
parallel with the East line of said Northeast Quarter a distance of 259.25 feet to the center line of
County Road; thence Westerly along center line of said road a distance of 117.9 feet to a point
distant 1658.25 feet West of the East line of said Northeast Quarter, thence North and parallel to •
the East line of said Northeast Quarter a distance of 627.75 feet to the point of beginning. '
EXCEPT that part of the above described tract described as follows: The South 100 feet of the
North 373.9 feet of the East half of Lot 20, Auditor's Subdivision Number 203, Hennepin County,
Minnesota.
Parcel B Nauahan)
Lot 5, Auditor's Subdivision Number 203, EXCEPT that part of said Lot 5, described as follows:
'Beginning at the Northwest comer of Bayside Addition to Lake Minnetonka; thence Northe�ly
along a line which is the Northerly projection of the Westerly line of Block 3, Bayside Addition to
Lake Minnetonka, to a point which is 40 feet Southwesterly from the Southwesterly line of the
Minnesota Western Railroad Company right of way, measured at right angles therefrom; thence
Southeasterly along a line drawn parallel to the Southwesterly line of said Minnesota Westem
' Railroad Company right of way and 40 feet distant.Southwesterly therefrom, measured at right
angles, to the point of intersection of said line with the Northerly projection of the Easteriy line of �
Block 3, Bayside Addition to Lake Minnetonka; thence Southerly along said Northerly projection
. of the Easterly line of Block 3, Bayside Addition to Lake Minnetonka to the intersection of said line
with the Northerly line of Bayside Addition to Lake Minnetonka; thence Westerly along the
Northerly line of Bayside Addition to Lake Minnetonka to the point of beginning.
� . . .
Page 5 of 6 �
; ' '. . Exhibit C
� PROPOSED LEGAL DESCRIPTIONS• 4 � -`� �
Parcel A 2iesmer)
That part of the following described property:
That part of Govemment Lot 3, Section 5, Township 117 North, Range 23 West of the 5tn
Principal Meridian, described as follows: Beginning at a point distant 1658.25 feet West
of the East line of the Northeast Quarter of Sedion 5,Township 117 North, Range 23 and
distant 1056.0 feet North of the South line of the Northeast Quarter of saici Section 5;
thence East parallel to the South line of said Northeast Quarter a distance of 235.73 feet;
thence South and parallel to the East line of said Northeast Quarter a distance of 373.9
feet; thence West and parallel with the South line of said Northeast Qua�ter a distance of
117.87 feet; thence South and parallel with the East line of said Northeast Quarter a
distance of 259.25 feet to the center line of County Road; thence Westerly along center �
line of said road a distance of 117.9 feet to a point distant 1658.25 feet West of the Easti
line of said Northeast.Quarter,thence North and parallel to the East line of said Northeast
Quarter a distance of 627.75 feet to the point of beginning. EXCEPT that part of the
above described tract described as follows: The South 100 feet of the North 373.9 feet of
the East half of Lot 20,Auditor's Subdivision Number 203, Hennepin County, Minnesota,
which lies Southeriy of the Northerly 65.25 feet thereof. �
Parcel B Naughanl
Lot 5, Auditor's Subdivision Number 203, EXCEPT that part of said Lot 5, described as follows:
Beginning at the Northwest comer of Bayside Addition to Lake Minnetonka; thence Northerly
along a line which is the Northerly projection of the Westerly line of Block 3, Bayside Addition to
Lake Minnetonka, to a point which is 40 feet Southwesterly from the Southwesterly line of the
Minnesota Westem Railroad Company right of way, measured at right angles therefrom; thence
Southeasterty along a line drawn parallel to the Southwesterly line of said Minnesota Westem
• Railroad Company right of way and 40 feet distant Southwesterly therefrom, measured at right
angles, to the point of intersection of said line with the Northerly projection of the Easterly line of
Block 3, Bayside Addition to Lake Minnetonka; thence Southerly along said Northerly projection
� of the Easterly line of Block 3, Bayside Addition to Lake Minnetonka to the intersection of said line •
with the Northeriy line of Bayside Addition to Lake Minnetonka; thence Westerly along the
Northerly line of Bayside Addition to Lake Minnetonka to the point of beginning.
Also,the No�therly 65.25 feet of the following described property:
That part of Govemment Lot 3, Section 5,Township 117 North, Range 23 West of the 5�'
Principal Meridian, described as follows:`Beginning at a point distant 1658.25 feet West
of the East line of the Northeast Quarter of Section 5,Township 117 North, Range 23 and
distant 1056.0 feet North of the South line of the Northeast Quarter of said Section 5; ��
thence East parallel to the South line of said Northeast Quarter a distance of 235.73 feet;
thence South and parallel to the East line of said Northeast Quarter a distance of 373.9
feet; thence West and parallel with the South line of said Northeast Quarter a distance of
� 117.87 feet; thence South and parallel with the East line of said Northeast Quarter a
distance of 259.25 feet to the center line of County Road; thence Westerly along center
line of said road a distance of 117.9 feet to a point distant 1658.25 feet West of the East
line of said Northeast Quarter,thence North and parallel to the East line of said Northeast �
Quarter a distance of 627.75 feet to the point of beginning. EXCEPT that part of the
above described tract described as follows: The South 100 feet of the North 373.9 feet of
the East half of Lot 20,Auditor's Subdivision Number 203, Hennepin County, Minnesota.
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; _ �, Eghibit D �
PROPOSED DRAINAGE AND UTILITY EASEMENTS: � � � � '
Parcel A 2iesmer)
- A 10.00 foot wide drainage and utility easement around the perimeter of the following described
• property:
That part of the following described property:
That part of Govemment Lot 3, Section 5, Township 117 Norfh, Range 23 West
of the 5th Principal Meridian, described as foilows: Beginning at a point distant
1658.25 feet West of the East line of the Northeast Quarter of Section 5,
. Township 117 North, Range 23 and distant 1056.0 feet North of the South line of
the Northeast Quarter of said Section 5; thence East parallel to the South line of
said Northeast Quarter a distance of 235.73 feet; thence South and parallel to �
the East line of said Northeast Quarter a distance of 373.9 feet;thence West and
parallel with the South line of said Northeast Quarter a distance of 117.87 feet;
thence South and parallel with the East line of said Northeast Quarter a distance
of 259.25 feet to the center line of County Road; thence Westerly along center
line of said road a distance of 117.9 feet to a point distant 1658.25 feet West of •
the East line of said Northeast Quarter;thence North and parallel to the East line
of said Northeast Quarter a distance of 627.75 feet to the point of beginning.
EXCEPT that part of the above described tract described as follows: The South
100 feet of the North 373.9 feet of the East half of Lot 20, Auditor's Subdivision
Number 203, Hennepin County, Minnesota,
which lies Southerly of the Northerly 65.25 feet thereof,
�� EXCEPT along the most southerly line of the above described property, where the drainage and
utility easement is to be the south 43.00 feet of the above described property.
Parcel B Nauqhanl
A 10.00 foot wide drainage and utility easement around the perimeter of the following described
property:
Lot 5, Auditor's Subdivision Number 203, EXCEPT that part of said Lot 5, described as
follows: Begirming at the Northwest comer of Bayside Addition to Lake Minnetonka;
thence Northerly along a line which is the Northerly projection of the Westerly line of
• - Block 3, Bayside Addition to Lake Minnetonka, to a point which is 40 feet Southwesteriy
from the Southwesterly line of the Minnesota Westem-Railroad Company right of way,
measured at right angles therefrorii; thence Southeasterly along a line drawn parallel to .
the Southwesterly line of said Minnesota Westem Railroad Company right of way and 40 .
feet distant Southwesterly therefrom, measured at right angles, to the point of intersection �
of said Jine with the Northerly projection of the Easteriy line of Block 3, Bayside Addition
to Lake Minnetonka; thence Southerly along said Northeriy projection of the Easterly line
of Block 3, Bayside Addition to Lake Minnetonka to the intersection of said line with the
Northerly line of Bayside Addition to Lake Minnetonka; thence Westerly along the
Northerly.line of Bayside Addition to Lake Minnetonka to the point of beginning.
Also, the Northerly 65.25 feet of the following described property: .
That part of Govemment Lot 3, Sedion 5, Township 117 North, Range 23 West
of the 5�' Principal Meridian, described as follows: Beginning at a poirrt distant
1658.25 feet West of the East line of the Northeast Quarter of Section 5,
. � Township 117 North, Range 23 and distant 1056.0 feet North of the South line of
the No�theast Quarter of said Section 5; thence East parallel to the South line of
said Northeast Quarter a distance of 235.73 feet; thence South and parallel to
the East line of said Northeast Quarter a distance of 373.9 feet;thence West and
parallel with the South line of said Northeast Quarter a distance of 117.87 feet;
thence South and parallel with the East line of said Northeast Quarter a distance
of 259.25 feet to the center line of County Road; thence Westerly along center
line of said road a distance of 117.9 feet to a point distant 1658.25 feet West of
the East line of said Northeast Quarter;thence North and parallel to the East line
of said Northeast Quarter a distance oi o��.�� ieet to the point of beginning.
EXCEPT that part of the above described tract described as follows: The South
100 feet of the North 373.9 feet of the East half of Lot 20, Auditor's Subdivision
Number 203, Hennepin County, Minnesota.
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. RESOLUTION# 4936
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
• certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on March 10. 2003 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 12th day of
Maxch � , 2003.
. .y
�� ��,,�l/.-e�
Linda S. Vee, City Clerk
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