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HomeMy WebLinkAbout#1734 Scanned FileCon f i rma ti on Report -Memory Send Time Oct-13-2006 04:28pm +9522494616 Job number Date To Document pages Start time End time Pages sent Status Job number .DaLe: To: F=: Re: Sender: 863 863 Tel I ine Name CITY OF ORONO Oct-13 04:25pm 9524733932 010 Oct-13 04:25pm Oct-13 04:28pm 010 OK *** SEND SUCCESSFUL *** Cit>-' C?/ C>rono 2750 Kelley Park,,vay P.O. Box 66 Crysral .Bay, .A4N 55323 (952) 249-4600 F=x.· (952) 249-46.Z 6 FA.X TR.A.NSl.VllSSION COVER Sl-IEET YOU SH"OULD RECEIVE ro .PAGE(S,.), INCLUDING THIS COVER SF.TEET. IF YOU DO NOT .RECEIVE ALL TE:T.E PAGES, PLEA.SE CA.LL (952) 249-4600. z H ·.;; > 0 :::a::: :z: w ~. Ct::LuU H ::n::cwo::w ~r.J)UJ:Lw;- C.G<!: U?"-W :.,;; LlJ = _J <1: l::: ~ r_; Ci.... l:!... a -1 w ::c ::c 00::...-.r:::...GO ~Lt-.::>::;; r....; G X\-j:·-j:·-¥,·-j:·-i(-i(. 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C u z C ....! !- 0... - HENNEPIN COUNTY PROPERTY DIVISIONS ~1-11~1~·r· NO ~ 1F ~ ... ) ... ... . . .,.,., l. .... :'ttf! ..... . :, DIVISION I 930480 SPECIALS LEVY PROJECT TOTAL ASSMT LEVY PROJECT TOTAL ASSMT LEVY PROJECT TOTAL ASSMT 12554 8,840.00 PROPERTY ID 05-117-28 24 0083 OWNER JOHN BURGER ET AL. TAXPAYER NIA CHRISTINE~ GARY VALERIUS 3750 BAYSIDE RD LONS LAKE MN 55356 f.1R EX AG PT H OWN¾ I ... AND BI ... DG Mt1CH ~LH-,oo /00 PROPERTY ID 05-117-23 24 0084 OWNER JOHN BURGER ET AL TAXPAYER NIA CHRISTINE & GARY VALERIUS 3750 BAYSIDE RD LONG LAKE MN 55356 METES & BOUNDS DESCRIPTION EX ROAD SR EX AG PT H mmr. L..ANIJ :131 ... DG M,~CH I f<-LJ-1-IDO /tJrJO . "' PROPERTY ADDRESS 00038 ADDITION NAME ADDRESS UNASSIGNED DATE FILED ADDNt I I 41920 DATE OF LAST TRAN 12/14/92 I...OT 015 BLOCK 005 ACREAGE 0,00 APPROX PARCE~ ~J?~_49 X 135 TClTt,I... H···· Br-)!:lE :I. H-BASE2 N/H-BASE:I. NIH TC Gl~OSS TC /(;) 0 ?- PROPERTY ADDRESS 00038 ADDRESS UNASSIGNED TOTr::1I... /~OD ti:DllITIDN Nr-)ME DATE FILED ADI™I I I 41920 DATE OF LAST TRAN :1.2/:1.4/92 06/12/86 H···Bt,!:;E :I. LOT 016 BLOCK 005 ACREAGE 0.00 APPROX PARCEL SIZE IRREGULAR H-BASE2 N/H-BASE1 NIH TC GROSS TC 20 ;._ ::> :..,W:--i ·~•; >- >- u ..,.. z 0 0 L} ' z 0 H (.!) H :::, H ,...., ..... /'-... x.,-, Lt.. i~·l ....., ...... _.._.. 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Box 66 Crystal Bay, MN 55323-0066 Post Office: Long Lake 55356 278 Orono Fire Department: Long Lake School District: Zoning File: Location: Section 05, Township 118 , Range 23, QQ 21 Status: Public Road .(Bayside Road) Private Road (Landmark Drive) Plat Name: Burgers Bayside Second Addition Address Assignments: Lot 1 , Block 1 50 Landmark Drive Lot 2 , Block 1 3750 Bayside Road Please change all your records accordingly. Thank you. Jeanne A. Mabusth Building & Zoning Administrator Enclosure -City Map; Plat of Burgers Bayside Second Addition #1734 cc: Mr. and Mrs. John Burger, 1475 Terraceview Lane North, Plymouth, MN 55447-2407 Post Office, Fire Department, School District, Orono Police Department, Orono City Departments (Finance, Public Works, Elections, Assessing & On-Site Systems Manager), NSP- Long Lake, Hennepin County Sheriff, Hennepin County Dept of Taxation , Minnegasco , Triax , US Postal Service, US West JAM/lsv Telephone (612) 473-7357 • FAX 473-0510 Sol 4) C: OH, •··=· :i,, '.)• ! I). 6 '·:\!, J .... -... 1 -- ,'I ..., ,0 I ~1 - g 3,47. ,. .. ~-- PT r:F LOT 53 S (8) .- t:o OUTLOT A ··.12 ·.-.,11 -----, A ,~'o :--. ,,,. ---~ 6 I • I I I I I 11 " :© ' ~ ·> ( C ,_ ~ .... -... 1e ......... - N119'..:,·w 1:1· .. 12 I-II I-1---:..--...... _:..----t V') 1---- ,c U1 10\ 7 c..:, 9 z , ... ...... < U1 15 ( 115) I a:: w 2 Q._ a:: a V') I! 1' w 13/ :c I-:' 12 11. 10 g e 7 &\ 5 " : \· 4) \'. OUA ···-=·~-, •• 'O• '?I). 6 '°"· J ,,_:_:__• ... !::· ~ -- ,ri ..,, .,, ~ '.\.47. IA ~9'35'Al'W '--' ;i-, "' PT!;!' LOT 53 ~ -~ ( 8) ~ .-.. .. l:! 1l,-· ... -• .... ·-<6 ~ . s..., 1:1• ~- "tr) \) "' o· < 2 rrj ( 11) .J ,,, 6 ~ <O "" i I 5. 85 0 q 0 ., .. "" ·; "g ~ z f\ ,, : r:r ~ ',._ :0 I ~ • •• "- A' ( C ,_ ~-·· 18 . A Nl!9"<1-0'W 2 ( 16) ~ ( .,., D ~u C :< r --,s- ..... 15 ·.- · •. 1 + 1.:i'·. ···.12 12 ·,· •• 11 I-1--..::.,....-1-::.---1 C./) 10 ..... I-II c.n ,c c..:, 9 z f"".'C" ...... a::: t• a.. IA c.n tJ:' 11. 10 g e I 1: 10 -~ i: OCT 04 '93 03:18PM JOHNSON & WOOD PA LAW 0Fl"!C!!l$ JOHNSON & WOOD, P.A. PJ;;TER W. JOHNSON JOHN W. WOOD, JR. OAR'/ L. PHLE()ER RICHARD J, SOH!ll:l"l"l!:n September 13, 1993 City of Orono c/o Ms. Terry Bazella 1055 EAST WAYZATA BLVD. 8U!TE 300 WAYZATA. :l,,IJNNEBOTA 55391 TELEPHONE (612) 41a-!3U TELECOP!ER (612) 476-0U I Popham, Haik, Schnobrich & Kaufman, Ltd. 222 South Ninth street #3300 Minneapolis, Minnesota 55402 Re: Burgers Bayside II Dear Ms. Bazella: F'.2 OF COUNSEL EARLE J. NIEOERLUECKE JA~EB n. M,cKJNNON C. $COIT MASSIE r.,/VJ;:B'l'IOA TOR DA.V!D J, llJ:ll\ZU(ll<: This letter is written to supplement by title opinion to you dated March 10, 1993. Based upon the best information I have and based upon my belief, the provisions of said title opinion are reflective of the status of title on the date of this letter. Very truly yours, James D. MacKinnon JDM:rnb cc: John Burger CITY OF ORONO P.O. Box 66 Crystal Bay, :MN 55323 473-7357 TO: Mr. & Mrs. John Burger 1475 Terraceview Lane North Plymouth, MN 55447-2407 APPLICATION NO. #1734 NOTICE OF COUNCIL ACTION Date of Notice: July 2, 1993 ------------------·------------------------ TYPE OF APPLICATION: Final Subdivision ----------------------·-------------------- DATE OF MEETING: June 28, 1993 VOTE: 5 FOR 0 AGAINST ---------------------------------------------------------- COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution enclosed herewith. The approval resolution and other required documents and drawings will be filed and recorded with either the Hennepin County Recorder's Office or the Registrar of Title's Office by the City Attorney. You may be contacted by the City Attorney's office if additional information is required in order for recording to occur. Note that all taxes for the current year must be paid before the County will accept the subdivision for recording. Please contact Jeanne Mabusth if you have any further questions. lsv TO: Mayor Callahan and Orono Council Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: June 22, 1993 SUBJECT: #1734 John and Mary Jane Burger, 3750 Bayside Road -Final Subdivision -Resolution The applicants have fulfilled all conditions of preliminary subdivision approval and submitted all required final plat submittals as set forth in Resolution #3131, resolution granting preliminary approval of the 2-lot plat. Staff recommends approval of the final plat, Burgers Bayside Second Addition, subject to the findings and conditions set forth in the enclosed resolution. ch CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 TO: Mr. & Mrs. John Burger 3750 Bayside Road Long Lake, MN 55356 APPLICATION NO. 1734 NOTICE OF COUNCIL ACTION Date of Notice: 6/19/92 COPIES: Jim McKinnon Johnson & Woods 730 East Lake St. Wayzata, MN 55391 Mark Gronberg Coffin & Gronberg 482 Tamarack Ave. Long Lake, MN 55356 TYPE OF APPLICATION: Preliminary Subdivision DATE OF MEETING: June 8, 1992 VOTE: 5 For O Against COUNCIL ACTION -MOTION: To approve per the findings and conditions of the resolution enclosed herewith. Applicant must provide to the City all information and/or improvements required for final plat approval as noted in the preliminary plat approval resolution. Preliminary plat approval expires one year after date of the resolution (June 8, 1993). Note that prior to fi,!ing of the final p_lat at the final subdivision approval, all taxes for _!:he current year must be paid. Please note special lot combination agreements and the bike easement have been enclosed in the submittals to your attorney, Mr. McKinnon. As of this writing, the City Assessor has not made any determinations regarding the value of the land for final determination of a park dedication fee. You will be notified as soon as the City is in receipt of his report. Please contact my office if you have any questions pertaining to the directives of the resolution or the format of the documents to be executed by applicants. ch MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 ZONING FILE #1679 -CONT. It was moved by Butler, seconded by Mayor Peterson, to approve the variance request for Application #1679 for Wi 11 iam Mi Iler of 2691 Casco Point Road, and directed staff to draft the · appropriate resolution. Ayes 5, nays 0. (*#5) #1724 TAMMY L. WOODIS, 2818 CASCO POINT ROAD - CONDITIONAL USE PERMIT/VARIANCE -RESOLUTION #3129 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3128 for Application #1724 for Tammy L. Woodis of 2819 Casco Point Road, approving a conditional use permit and variance for the construction of a pool on a through lot. Ayes 5, nays 0. (*#6) #1729 CLAIR ROOD, 3280 NAVARRE LANE - SUBDIVISION OF A LOT LINE REARRANGEMENT -RESOLUTION #3128 It was moved by Jabbour, seconded by Butler,.to adopt Resolution #3128 for Application #1729 for Clair Rood, 3280 Navarre Lane, for a subdivision of a lot I ine rearrangement. Ayes 5, nays 0. (*#7) #1731 CLAIR ROOD, 2215 KENWOOD WAY - VARIANCE -RESOLUTION #3130 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3130 for Application #1731, Clair Rood of 2215 Kenwood Way, approving a variance to construct fencing. Ayes 5, nays 0. (#8) #1734 JOHN BURGER, 3750 BAYSIDE ROAD - PRELIMINARY SUBDIVISION -RESOLUTION #3131 John Burger was present. Moorse explained that this is a two lot subdivision application . . Out lot A wi 11 be specially combined with Lot 1 for area credit. The Planning Commission unanimously recommended approval of . the app i i cation. Goetten asked if both lots have adequate septic sites. Mabusth confirmed thit they do and added that Lot 2 is included in the Stubbs Bay Sewei Project area. 3 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JUNE 8, 1992 ZONING FILE #1734 -CONT. It was moved by Resolution #3131 Bayside Road, for 0. Butler, seconded by Mayor Peterson, to adopt for App Ii cation #1734 for John Burger of 3750 pre I iminary subdivision approval. Ayes 5, nays Butler noted that in the letter from SP-Testing, Inc., a mercury float is recommended. She asked about the safety factor of such a device. Gaffron stated that they have not had any problems with this device and it is very simiiar to what is used in a furnace thermostat. (*#9) #1736 GREGORY C. PETERSON, 1920 SHORELINE DRIVE - RENEWAL VARIANCE -RESOLUTION #3132 It was moved by Jabbour, seconded by Butler, to adopt Resolution #3132 for Application #1736, Gregory C. Peterson of 1920 Shoreline Drive, approving a renewal variance for the construction of a new residence. Ayes 5, nays 0. MAYOR/COUNCIL REPORT Mayor Peterson announced to the residents in attendance that there wou Id not be pub Ii c discussion regarding the Stubbs Bay Sewer Project, and this item would only be discussed during Executive Session. A) Butler read aloud an advertisement from the Wayzata Weekly Newspaper which advertised ma I e and f ema I e dance rs on the Miss Deduction charter boat. She suggested they bring this to the attention of the LMCD. B) Butler referred to a letter sent to the Counci I Members from Mr. Fi ck in which he expressed his concern that the City had not completed its shoreland regulations. She said she cal led him to report that Orono is one of two cities who has submitted their new regulations. She noted the response she received from him was very patronizing. 4 CITY OF ORONO P. o. Box 66 Crystal Bay, MN 55323 473-7357 TO: Mr. and Mrs. John Burger 3750 Bayside Road Long Lake, MN 55356 ZONING FILE 11734 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: May 20, 1992 COPIES TO: Mr. Jim McKinnen Johnson & Woods 730 East Lake Street Wayzata, MN 55391 TYPE OF APPLICATION: Preliminary Subdivision DATE OF MEETING: May 18, 1992 VOTE: 4 For 0 Against Planning Commission recommends the following: The Planning Commission recommended approval of the application subject to conditions noted in staff memo sent to you prior to the meeting. Prior to scheduling your subdivision application before the Counci 1, staff must be in receipt of the private access easement to be granted in favor of proposed Lot 1 over Lot 1, Block 2, Bayside Landing and a copy of the amended covenant confirming Lot l's participation in the maintenance and upkeep of Landmark Drive. Applicants next scheduled meeting is dependent upon receipt of this information. Deadline for the June 8, 1992 meeting is June 3, 1992 or June 17th for June 22, 1992. Please contact my office if you have questions pertaining to review of your application. ch MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1732 -CONT. Cohen fe It that for safety reasons, the septic system and we I I pit should be appropriately abandoned. Sweetser noted the area of the we I I pit is every extensive, up to four men could stand in it at one time, and it is covered over with meta I. Cohen asked if the metal could be removed. Sweetser stated that it is a man hole which has been there for many years without a problem. Johnson suggested that they leave the decision to the discretion of the bui I ding inspector, although this was probably the reason why it was brought up in the first place. It was moved by Rowlette, seconded by Johnson, to recommend approval of Application #1732 for Joan Sweetser, 845 Old Long Lake Road, for a two lot subdivision, subject to the fol lowing conditions: 1. dedication of 33' of right-of-way for Old Long Lake Road; 2. the guest house can never be used as a residential unit and prior to final approval the septic system and the well pit be appropriately abandoned; 3. the surveyor must designate the wetlands; 4. City to require granting of a flowage and conservation easement over designated wetlands; 5. granting of drainage and uti I ity easements around the perimeter of property and along the shared lot I ine. Ayes 4, nays 0. (#2) #1734 JOHN BURGER, 3750 BAYSIDE ROAD - PRELIMINARY SUBDIVISION -PUBLIC HEARING 7:48 -7:57 P.M. The Affidavit of Pub I ication and Certificate of Mai I ing were noted. John Burger and Laurie Meyer of Kyle G. Hunt and Partners ~vere present. 2 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1734 -CONT. Mabusth explained this is a proposed two lot subdivision. It was originally proposed at the time of the sketch plan review as a three lot subdivision. Lot 1 is located in the five acre zoning district and an area credit for Out lot A at 4+ acres is requested. Out lot A is separated from Lot 1 by the Luce Line Trai I. Out lot B is shown which wi I I continue to serve as riparian access for the homestead portion of the property, Lot 2. Mabusth reiterated that at the sketch plan review, it was felt that the Commission would not approve any kind of encroachment of the designated wetland and advised the applicant to work with the owners of the properties in the Bayside Landing subdivision. She explained that Burger has ob t a i n e d an ea s em en t t o a c h i eve a cc es s o v e r t h e ex i s t i n g p r i vat e driveway that serves Lot 1, Bayside Lancing. Based on the underlying easement that the City has over Landmark Drive, Mr. Burger would have the right to use Landmark Drive for access per the opinion of the City Attorney. Burger has worked with the four property owners in the Bayside Landing addition and he has agreed to share in the original cost for Landmark Drive construction and participation in maintenance cost for said road. Row I ette asked if these I ots w i I I be inc I uded in the Stubbs Bay Sewer Project. Mabusth stated that Lot 2 wi 11 be the only lot included within the sewered district. Mabus th noted that Lot 1 has approved septic system sites and a bu i Id i ng site. It is recommended that no construction be a I I owed on Outlot A. Cohen asked if approval of such area credit has ever been done before. Mabusth concurred that uti I ization of a special lot combination for area credit has been used by the City. Rowlette asked if to get to Lot 1 the drive would have to cross a wetland. Mabusth explained that access would be via Landmark Drive and then across the existing private driveway that serves Lot 1 and wi 11 still be classified as a private drive. Rowlette thought that approval could not be granted for this property unti I the sewer had been approved for the arear 3 MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD MAY 18, 1992 ZONING FILE #1734 -CONT. Mabusth explained that was when a two lot split was proposed of the southern or homestead portion of the property which would have required credit of the wetland areas. It was moved by Rowlette, seconded by Johnson, to recommend approval for Application #1734 for John Burger for property at 3750 Bayside Road, for a two lot subdivision, subject to the conditions set forth by staff_ in the memo to Planning Commission dated May 13, 1992. Ayes 4, nays 0. Mabus th noted that the on-site septic recommendations to the future developers should be incorporated with the approval. those conditions being incorporated. (#3) #1679 WILLIAM MILLER, 2691 CASCO POINT ROAD - inspector had specific of the property which The Members agreed to VARIANCE -CONTINUATION OF A PUBLIC HEARING 7:10 -7:15 P.M. W i I I i am M i I I e r was present . Mabusth explained that at the last meeting at which the applicant appeared, the orig i na I proposa I was divided into two parts. The first issue was the gazebo, which Planning Commission recommended approval of but Counci I tabled unti I the complete application was reviewed. The applicant has provided an amended survey showing the setbacks of the structures and a hardcover inventory. In the 0- 75' setback area there is 344 s.f. or 7.64% hardcover; and in the 75-250' setback area there is 4,544 s.f. or 43.28%. Mi Iler provides a reduction of hardcover with a new proposed two sta I I garage proposed at 3,438.95 s.f. with a net reduction of 11% hardcover. There is no change in the 250-500' setback area. Mi Iler explained that the original survey that they were working with was from 1968, which proved to be inaccurate. The main concern of the Planning Commission was that a three car garage was too large for the property and the garage was set off to the side not allowing for direct access into it.· The garage has been switched to a I I ow direct access and has been reduced. Johnson asked about additional removal of hardcover. Mi I I er stated that the garage and grave I ed area around the garage has been reduced. 4 To: Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From: Jeanne A. Mabusth, Building & Zoning Administrator Date: May 13, 1992 Subject: #1734 John and Mary Jane Burger, 3750 Bayside Road - Preliminary Subdivision -Public Hearing Zoning Districts -LR-lA and RR-lA Pertinent Ordinances Section 10.27, Lot Width Required= Proposed= Variance= Subdivision 5 {B). 300' 210' 90' Variance required for Lot 1 - Section 10.03, Subdivision 6 {B). "Combination of separated parcels prohibited. No lot or parcel of land which is divided by a public, private or platted road or road easement which results in any segment thereof being less than the minimum acreage required for that zoning district, shal 1 be al lowed to be combined with any separated parcel of land across the road for purposes of qualifying under the minimum acreage, open space, required yard, setback or sanitary or septic system requirements, nor shall building or density credits be credited or transferred between such parcels under any provisions of this chapter. Each separate parcel must individually conform to the provisions of this chapter in connection with construction of improvements thereon." Applicants propose combining or connecting Lot 1 and Outlet A as a single residential unit located in a RR-lA, 5 acre minimum zone. Variance to this section shall be required. Lot 1 = 2 acres dry contiguous Outlet A= 4.26 acres Total area= 6.26 acres dry and .33 acres wet Section 11.03. Definition 24. Lot area minimum in rural zones not served by sanitary sewer. Each lot must contain a minimum of 2 acres of contiguous dry buildable land exclusive of wetlands, public and private rights-of-way, vehicular or pedestrian easements. Proposed Lot 1 consists of 2 acres of dry buildable land. Applicants' consultant confirms suitable areas for both principal and alternate on-site septic systems. Outlot A is proposed as merely area credit for 5 acres zoning requirements. Chapter 11 -Class III Subdivision. Zoning Memo #1734 May 13, 1992 Page 2 List of Exhibits - A -Application B Property Owners List C Plat Map D Sketch Plan E -Planning Commission Minutes 9/16/91 F -Staff Letter to Barrett G -Ordinance #601, Subdivision 2 H -Barrett Letter 5/12/92 I -Plan of Access to Lot 1 J -Weckman Memo/SP Testing Report K -Septic Location Sketch Lot 2 L -Septic Map Lot 1 M -Ordinance #33, 2nd Series, Definition of LR-lA and RR-lA Zoning Boundaries N -Zoning Boundary Map 0 -Preliminary Plat Review of Subdivision Application The applicants propose a two lot subdivision. The most northern parcel, Lots 1 and Outlot A, located within the RR-lA zoning district and Lot 2 located within the LR-lA zoning district. Review Exhibits M and N, the actual zoning boundary line is located further north than the line shown on preliminary plat. Actual zoning boundary line is approximately 30' south of proposed division line. Applicants no longer propose the division of their homestead portion of the property as in the sketch plan review. Mr. Burger asks that Outlot A be set aside as an area credit for Lot 1 on the south side of trail. As already noted in the sketch plan review, Mr. Burger has attempted to achieve access for proposed Outlot A via easements from private adjacent property owners, the City of Orono and the DNR. He has been unsuccessful in each attempt. During the sketch plan review, the Planning Commission conceptually approved the applicants' proposal to set aside Outlot A as an area credit for Lot 1 requiring a special lot combination being filed against chain of title of both parcels. The special lot combination will insure that upon a future sale, they will be sold as one unit and that Outlot A may never be sold off for development as a separate residential unit. Access was a major concern because the Planning Commission wanted to deter any further encroachment of the wetland that divided the northern parcel from the southern parcel. Applicants have achieved access via the Bayside Landing properties. Outlot B to the south side of County Road 84 completes the Burger's land holdings. Outlot B has provided riparian access to the Burger property for many years. A 66 1 right-of-way takes up most of the area of Outlot B. Applicants' surveyor has shown the 929.4 elevation. The Zoning File #1734 May 13, 1992 Page 3 limited dry land area is located predominately in the west portion of Out lot B. County Road 84 is classified as a Scenic Parking in the CMP and is approved at maximum width of 50' to 66'. The Hennepin DOT has been asked to review the plat. Staff will report on their concerns at your meeting. Lot Configuration As in the sketch plan review, applicants propose a lot width variance for proposed Lot 1 shown at a 210' width where a 3 0 0' width is required. Planning Commission members conceptually approved the width variance along with the buildability of the lot by seeking area credit of Outlot A. Lot 2 satisfies all LR-lA zoning standards. Lot 2 Access Required= 2 acres dry Proposed= Total 4.51 acres 2.9 ares dry Access for Lot 2 shall remain as is via County Road 84. Access to Lot 1, Review Exhibit I, shall be via Landmark Drive under the authorization of the public underlying easements granted to the City at the time of the Bayside Landing platting and, finally, via a private access easement granted in favor of proposed Lot 1 over Lot 1, Block 2, Bayside Landing. The City Attorney has been asked for his written opinion concerning the issue of legal access to lots outside of original Bayside Landing properties via the public easements granted to the City over Landmark Drive. Review Exhibits G and H. Barrett has provided a written opinion reaffirming the directives and intent of Ordinance 6.01, Subdivision 2 and other applicable law. Staff has been in contact with the attorney for Mr. Burger and he confirms that Burger has met with the authorized representative of the homeowner's association. Burger has agreed to a share in the original cost of the road and in the execution of an agreement confirming future owner of Lot l's share in the cost of maintenance and upkeep of Landmark Drive. As of this writing, staff has received no written confirmation of these agreements but it appears that Burger has solved the issue of access via Landmark Drive and the Bayside Landing properties. Staff will ask applicants' attorney to comment further at our meeting. Septic Review Review Exhibits J, K, and L. Weckman confirms in his memo of May 6, 1992 that Lot 1 has been found to have adequate, suitable soils for principal and alternate on-site septic systems that meet all required setbacks. Staff did not require additional septic testing for Lot 2 as this property will receive sewer if ordered for the area. Weckman also advised that staff had done a review of all properties within the Zoning File #1734 May 13, 1992 Page 4 proposed Stubbs Bay sewer district and that this site was found to have adequate area for an alternate septic site. Outlots A and B As already noted above, the City shall require a special lot combination for Outlot A with Lot 1 and will also require a special lot combination for Out lot B with Lot 2. Out lot B sha 11 be 1 imi ted to providing riparian access or use for solely Lot 2. Because of the limited land area, the property should be limited to one dock and no permanent or temporary parking of vehicles allowed because of the limited land base. Staff wi 11 a 1 so recommend that the specia 1 lot combination for Outlot A prohibits all residential construction. This is based on the findings that emergency vehicles could not achieve immediate access to the property. Staff Recommendation To approve the preliminary subdivision application of John Burger for the property located at 3750 Bayside Road, finding that all standards of the LR-lA zoning district and on-site septic code have been satisfied and grants a variance to Section 10.27, Subdivision 5 (B) granting a width variance for proposed Lot 1 based on the following findings: 1. There is no available dry buildable area adjacent to Lot 1. 2. The property was originally platted in the current configuration in 1977 when the RR-lA zoning standards were in effect. 3. Applicant has demonstrated that a residence can be installed meeting all other standards of the RR-lA zoning district. 4. A variance to Section 10.03, Subdivision 6 (B) that would allow the area credit of Outlet A with 4.26 acre dry buildable parcel divided from proposed Lot 1 by the Luce Line based on the following findings: a) Out lot A is land locked and cannot achieve leg a 1 access. b) Out lot A as an independent unit does not meet the required area standard of RR-lA zone. Zoning File #1734 May 13, 1992 Page 5 c) All residential improvements shall be allowed only on the contiguous 2 acre dry buildable area of proposed Lot 1. The approval of this two lot subdivision shall be subject to the following conditions: ch 1. Applicants to provide written confirmation that Lot 1 will share in the cost of maintenance and upkeep of Landmark Drive. 2. Applicants to provide copy of access easement granted in favor of Lot 1 over Lot 1, Block 2, Bayside Landing. 3. Applicants to execute special lot combination recognizing the relationship of Outlot A with proposed Lot 1 that they are to be considered as one residential unit and sold as one. No residential accessory structures shall be allowed to be built on Outlot A. 4. Applicants to execute special lot combination recognizing Out lot B and Lot 2 as one unit. The agreement sha 11 reflect Outlot B provides riparian use and access exclusively for Lot 2 and that there sha 11 be no parking either temporary or permanent of vehicles on this limited site and that Outlot B shall be limited to one residential dock. 5. Drainage and utility easements along the perimeters of all property 1 ines and 5' a long the shared lot 1 ine and can be omitted wherever there are designated wetlands. 6. Applicants must provide proof that the f lowage and conservation easement was filed over the designated wetland area at the time of the platting of the Burger property in 1977. If this was not completed, the City will ask Mr. Burger to execute a new flowage and conversation easement over the wetland area. 7. Payment of $50.00 for septic review per fee schedule to complete filing of preliminary subdivision. Zoning File #1734 June 4, 1992 Page 6 Additional Exhibit P -Hennepin County Report Dated 5/26/92 Additional Comments and Planning Commission Recommendation The Planning Commission questioned staff as to the use of a special lot combination as far as area credit was concerned. Members questioned whether the special lot combination had ever been used for the creation of a new lot. Staff recalled that the first time the special lot combination was ever used was in the major rezoning of the Windward Marine property and the redefining of commercia 1 and residential properties on east and west side of County Road 15 and with another involving subdivisions within the Stubbs Bay area. Staff acknowledges that this was the first time it has been used in the 5 acre zoning district. Members concurred with the staff's recommendation that no construction be al lowed on the Out lot A because of the inabi 1 i ty to achieve access for emergency vehicles. Out lot A sha 11 be retained merely for open space/area credit. Applicant reaffirmed for Planning Commission members that access was being formalized by his attorney and would be finalized prior to final plat approval. Staff also advised of the on-site septic manager's concern that the alternate septic site for Lot 1 be staked with snow fencing prior to any construction on the property. The Park Commission reviewed the subdivision at their June 2nd meeting and recommended obtaining a bike easement over 10' wide drainage and utility easement adjacent to County Road 84 and payment of cash in lieu of land dedication. The Planning Commisson recommended unanimous approval of John Burger's two lot subdivision per the findings and conditions set forth in the staff memo noted above. The enclosed approval resolution has been drafted per the Planning Commission's recommendation. ch J-J:NtNGi J£F,J6E I-· .1 I I !-1J U'f\Ulft..• CITY OP ORONO -SUBDIVISION APPLICATION PROPERTY LOCATION i F-:,;-;,-;,-;;il1-··1 /) .1~•~•v<.vc,vvt• " . ·., Site Address 316D 13,.__,,:s,os Rcie.o Q,;:,ot...Jo I • Property Identification Number { P. I .D. ) 0,5-117. 2,3 z, Doo2 A.Np Please check one -Property~ abstract or Attach legal description to application. torrens? f~·fCfl',:~·T-i"i-l~Nt{ YDU #2402~;;°{) C001 l~z(J1 T{}5':4i {)4., .... 24/9::. APPLICANT Phone {home)fz3-365~ Phone {work) ;.J/A ----1, ............ ------- -----Address:, 315D e~>I.SICX 14>eP --------City: OemJD ---------Zip: .5$3'5£,e ------ OWNER {if different than applicant) Phone {home) ________ _ Name ts;1/A, ~'"'",!--=-----------------Phone {work) --------- Address: {attach list if more than one) City: Zip: -------------- --------------------------------------------------------------------------- EXISTING LAND USE Number of Tax Parcels Development Size Present Use {check) 2,, ,/7 1 ... sS X Acres Dry Land Acres Wet Land Acres Total, all parcels Residential: no. of units Other (specify) Cf;e:N LANO Present Zoning District R.!?.-/A PROPOSAL Division for Tax Purposes x Lot Line Rearrangement Only (no new building sites) Subdivision for New Building Sites Number of Building Sites: 0 --...J...--- Proposed Gross Density: I Minimum Lot Size: Proposed Use: (check) X Existing Units New Units T o ta l Units Units per 5_ Acres Sq Feet Dry Buildable Land Residential Other (specify) ------- MINIMUM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION 1. Completed Application Form 2. Preliminary Plat information on Certificate of Survey. 3. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). 4. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Certification by Zoning Department that Preliminary Plat Application is complete. Zoning Official's Signature ____ -.-__________ Date _______ _ 1. Payment of fees (park fees, filing fee, sewer and water assessments). 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Title opinion. 4. Easements, Covenants, etc. 5. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature _______________ Date _______ _ FEES )( Sketch Plan Review (Class I, II & III) Subdivision of a Lot Line Rearrangement $200.00 300.00 Preliminary Review (Class I & II Subdivision) 300.00 Preliminary Review (Class III & all non-residential) 325.00 + 25.00/Lot Final Plat Review (Class III) 175.00 *(Plus any legal or engineering charges) Renewal of Preliminary Subdivision Application 150.00 Renewal of Final Subdivision Application 100.00 The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney, Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by ordinance. · Applicant's Signature Date Owner's Signature Date cf Ii \.f I 9:i--- / Applicant must have all mittals into the City offices 25 days before the Planning Commission Mee · Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at al 1 scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & zoning Office of this change prior to the meeting. "' - -.. RUN DATE 04/24/92 BATCH 004 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR 38 -05~117-23 21 0002 03750 BAYSIDE RD JOHN BURGER ETAL JOHN BURGER 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 21 0.013 . 03630 EILEEN ST DH ILSE & SL ILSE DAVID & SHEROKEE ILSES 3630 EILEEN ST MAPLE PLAIN MN 55359 38 05-117-23 22 0001 _00038 ADDRESS UNASSIGNED STATE OF MINN STATE OF MINN (DNRJ (LUCE LINE TRAILJ 38 05-117-23 22 0011 00175 LANDMARK DR LC HARREN & J M HARREN LEE C & JULIE M HARREN 175 LANDMARK DR -LONG LAKE_ MN 55356 38 05-117-23 23 0034 00255 LANDMARK DR AH EVANS & D EVANS AUSTIN H & DIANE EVANS 1405 KINGSVIEW LA. PLYMOUTH MN 55447 38 05-117-23 24 0039 00038 ADDRESS UNASSIGNED HERBERT TOLSON & WIFE HERBERT TOLSON 3640 BAYSIDE ROAD LONG LAKE MN 55356 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 21 0005 03780 BAYSIDE RD HAZEL ANDERSON HAZEL ANDERSON, 37M BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 21 0015 03750 BAYSIDE RD JOHN BURGER ETAL JOHN BURGER 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0008 00185 LANDMARK DR BETTY MINER ET AL RICHARD F & KATHLEEN A KYLE 185 LANDMARK DR LONG LAKE MN 55356 38 05-117-23 22 0012 00048 ADDRESS UNASSIGNED BETTY L MINER PAUL SWANSON ADDRESS UNKNOWN 38 05-117-23 23 0035 00038 ADDRESS UNASSIGNED AH EVANS & D EVANS AUSTIN H & DIANE EVANS 1405 KINGSVIEW LA PLYMOUTH MN 55447 38 05-117-23 24 0069 00038 ADDRESS UNASSIGNED J B MAUS & J E MAUS JAMES B & JOANE MAUS 3700 BAYSIDE RD LONG LAKE MN 55356 REPORT NO. PI435401 38 05-117-23 21 0012 03625 EILEEN ST JOHN G PIDGEON & WIFE JOHN & MAGDALEN PIDGEON 10912 GLEN WILDING LANE BLOOMINGTON MN 55431 38 05-117-23 21 0016 03700 BAYSIDE RD J B MAUS & J E MAUS JAMES B & JOANE MAUS 3700 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 22 0010 00055 LANDMARK DR GARY N & VICKIE J ROSS VICKIE J ROSS 55 LANDMARK DR LONG LAKE MN 55356 PAGE 9 38 05-111-23·22 0013 00048 ADDRESS UNASSIGNED GARY N & VICKIE J ROSS GARY N & VICKIE J ROSS 40 SMITH AVE WAYZATA MN 55391 38 05-117-23 23 0036 00038 ·ADDRESS UNASSIGNED EST OF ANDREW MINER CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55359 38 05-117-23 24 0070 00038 ADDRESS UNASSIGNED J B MAus·& J E MAUS JAMES B & JOANE MAUS 3700 BAYSIDE RD LONG LAKE MN 55356 ,..!_ .. ". - -.. m RUN DATE 04/24/92 BATCH 004 PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME TAXPAYER NAME/ADDR PROP ADDR OWNER NAME 38 05-117-23 24 0082 00038 ADDRESS UNASSIGNED DANIEL P CAHILL MRS DANIEL CAHILL 224 N 5TH ST DELAVAN WI 53115 38 05-117-23 24 0100 00038 ADDRESS UNASSIGNED S & .C GARDINER STEVE GARDINER 3770 BAYSIDE .RD LONG LAKE MN 55356 38 05-117-23 24 0103 00038 ADDRESS UNASSIGNED S & C GARDINER STEVE GARDINER 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0115 00038 ADDRESS UNASSIGNED STATE LAND DEPT CITY OF ORONO · PARK 4/13/79 ST DEED 156753 38 32-118-23 33 0004 03855 WATERTOWN RD CATHARINE A CRAM CATHARINE A CRAM 3760 WATERTOWN RD MAPLE. PLAIN MN 55359 TAXPAYER TOTAL BATCH 004 00033 NAME/ADDR HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST 38 05-117-23 24 0083 00038 ADDRESS UNASSIGNED JOHN BURGER ET Al JOHN BURGER 3750 BAYSIDE.RD LONG LAKE MN 55356 38 -05-117-23 24 0101 03770 BAYSIDE RD S & C GARDINER STEVE GARDINER 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0105 00038 ADDRESS UNASSIGNED STATE LAND DEPT' CITY OF. ORONO DRAINAGE & CONSERVATION 5-18-90 ST DEED ff173561 38 05-117-23 24 0118 .. 00038 ADDRESS UNASSIGNED STATE LAND DEPT CITY OF ORONO PARK 4/13/79 ST DEED 156753 38 32-118-23 34 0012 03743 WATERTOWN RD NED L BUTTERFIELD NED L BUTTERFIELD 3745 WATERTOWN RD MAPLE PLAIN MN 55359 REPORT NO. PI435401 PAGE 10 38 05-117-23 24 0084 00038 ADDRESS UNASSIGNED JOHN BURGER.ET Al JOHN BURG.ER 3750 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0102 00038 ADDRESS UNASSIGNED S & C GARDINER STEVE GARDINER 3770 BAYSIDE RD LONG LAKE MN 55356 38 05-117-23 24 0111 03775 BAYSIDE RD GR & CE ROWLETTE GERALD L ROWLETTE 3775 BAYSIDE RD LONG LAKE MN 55356 38 32-118-23 33 0002 03785 WATERTOWN RD JAMES F BROOKS JAMES F BROOKS 3785 WATERTOWN ROAD MAPLE PLAIN MN 55359 38 32-118-23 34 0013 03765 WATERTOWN RD GERDA L KENNEDY LARRY L COOK 3765 WATERTOWN RD MAPLE PLAIN MN 55359 "' - .... .. RUN DATE 04/24/92 BATCH 004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM . PROPERTY OWNERS LIST REPORT NO. PI435401 PAGE 11 I.CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUNTY D~P~ OF PROPERTJ( _!AKATION, TO T""'BEST OF MY KNOWLEDGE AND BELIEF. · DAT /f~y >C::::// , , r « v -:=:;.2'. 17U.5 PAIi°' 16 LOT 55 (7) 2 (7) 0UTl.OT A (8) SC ( 4) ... f: . (4) 0 ... ... -~ ··IOI.I · -2 ,.. (2) !l ( 1'3) #. #. . .. i , '· . f, ( 12) ( II) (4) ............................... ~.•··········· .............. . I If·••::::··· ,•······ ( 5) (6) ~--I If ... ...... ·. PAIi·• CF LOT 55 (7) ~~ ,(2 'ST {~) 5li (33) s, ( 4) ~@ ~ "' - ~ ~ i::: § I mzz: I Zil 529. '3: PT f6' LOT 53 ! (8) ~ ~ ~ 1 ~ @&j (34) :' z ( 10) '3 \; ., ( 18) : ti z 1i, -~ "' ....... ,i;•• 0, { 16) ... l-19. 05 ~,\) ~4~ J ~~ . ( 1"3) 1 ~~ { 15) z ( 11) ~ • ,~ ~~ 546175 bt'3'! 1., ~ ~ "' () (l;j t ~ ~ ~ I I ..... ' ~ ... ' ··~ ->~ ~, C-1 2, 33' ! ,,{_C roTA l 0,/7 °!"JC W€ f 2. lo! Ac. p,eY ;f I I .L 6 . 34 t Ac. rom_ /. JS! -t<:. w~r S.1-( ! ,IC. l)~'I r J~~,., e-, --,, ..-.,...,1!" .... B~, -----~ ····--' -VI ~ ~ , , , r .. -.. ,-V" 1,,.-I V ., .ii /4-J. 0~ I .lY " ,--,--. '-, I , I 1 / ·-~ ... - 4.2ZtAC . C .fl ---............... ~ -i., ~ ~ -~ SKETCH PLAN FOR JEFF MARTINEAU OF LOT 1, BLOCK 1, BURGER'S BAYSlDE and LOT 50, AUD. SUB. NO. 203 HENNEPIN COUNTY, MINNESOTA I I ·~~---~/····_J / ----. .· /g'I ".:;>,: ~ •• .Yq~//f,.. ,✓,,,32• 9'J --, ~/,t,,E ./ I • -----> ~11) !t B 2 ;'t~ f AC TOT,H. 0,33 t AC. Wf"T I. t'S' t Ac. ~A'r A 2.0J!Ac rar,1 L c1~35J t Ac ~rr /,9S :f ,#/". ,N r ~ o-; \;j. Iii I ~ ~ I J .. I A-:.zS'I >• sj ,,._,o l ftt<'-,, ----,,._.,. __ ~ s ZJt..7o ~ ·.· . ·: · .. · .·.·. . ·. (, .. ,.; ;.·/. ,: ' .:.: ::.,j?\<'.:i:.: }!.(\'./;,'.·'i;\\ .:<J;::·· .· .... -~t; COFFIN ; &;, GRONBERG ;, INC;tJt _:···.·.·.· ..• ·. . · .. · .".·.··.·c..""!J;'" "'·''''."'· b'"'-'''""""?""::~••;,iii.•.· :': ·:.": ;,, ... · .. 482 r,1m,,r,1ek Mmll l' \ •, Lon, L1Kl', MN , :,:,356;/'i'.'f < -• · -:.'lf')·"''it -:tf~! °1_/-J 2. 'J Co. ROAO 11/o. 84 I hereby certify that this survey was prepared by me or under my direct super-. vision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota . Mark S. Gronberg Minnesota License Number 12755 ;V I DATE S-.Zo-"JI SCALE / ": /()0; JOB NO. 91-32'} ..;_ .._----::=:::::: =---.:. . ....:....'--. --r --,-..__,, ...... _ .,.. ---11· .. t7 zs;;:;;l:;.;::r.=~::.;::::.:t~ ·.·F ·t)tow;l•tt• .• 9,;•••Jj'l'il~~~h.,{(.~,F~t•. .. t:ott: Cl af\O:.C. ti•t ,,, ctn•lOHCI ·••>~l'l• lot..:~. vr1t·1no tft.At th•.1 c•n 'rteve.-. 11•ver; ~• •~1ico111t -•lway1 reaafn.5 ••"••~· .. •nd INHttfftf.:titU•t. \nor-thern.po~tfQn.;/~:fts?(f /-'_~)-?£'.:::_i//. :i.i O.•. · · .. · Joht'l•on '. ~•tt•at♦1t: ·Stf\at t~ate· . · :· ;i;_,avbdiv1a1on of ,t.oU,.A •nd t+ a:t.ttJ,1•,k~o. ,'•,:: -,, .. -, -"' ;:;,'.,._, • :, --_----,' ~<-:_ -,- Tn• · .. ton,1~to11f . .-9"H~ 1mt ·t.t1tt ·twtttctitt\tf to b•.on th• 1outh a1d•:of tht.tl"h1'.I~ :.ctt•> :ftlfllOlff • ., ~.M1ttMIIJ.,0•1ta10tt· MNI tft9 en-Mto1•·.trHf\. no ..acuas_ .f}i6n :. :_,ot,n~:ij~ tt~\"~f{ . . ,• .. · 1·d~ -k t .·••"'ct c• • .-.1p0Mtt11•i ti)! to.d•tel'1111ne·1>r-fo,-to",_ .. ·•ot Ht 1 tli!G tc ga 1 n iu:casc ov•,. tho Lu-ea t.. t n•. · ·· · · Cohen tuus a problu •PP"""""9 tt,1 u&~ of· L~t for t.ot C1 · A.:. you could n•ver V$O tho.t port ton· of ·· .ao)lth1ng, Jotu,r.an :asked about rllzon1n~ tot Cl. Mabu1th noted that they orfgfne11y d1d not·· portton b ■c•~1• th•y d1d not want to cre:t* h19~ar t:M !:. area. r ~j Sdlf'OIIHhn &UIJ9Hhd that Lot C1 b• rnoned to ;:-: with th• provision that 1..ot C be .gh ■n to tl'te pot"tt,.'.', c has very littlll vah.10 to anyone b1.1y1n9 tt\a propart7 Burger noted that th ■ a•rk•t V4 h;ie on that ,i1 ♦c1 and he pays about saoo par year 1n ta•••· H• not or1g1na11y bought th• property with the int•nt of a that never •ater 'I 1 ii zed. He al so had thought Lot C tor the $eptic:: systu for Lot C1 11' the DNR w temporary butldfn1,1 ea~ement over the Luco t..1n•. that ho could c:ted1cate Lot c for p#rlc us•. but n• wovl ~Ol'lath ing el :.tL Manu$th not~d that tho ~cc•~~ eas•~•nt fro• Bayside 'anding would be through tha hoaeoknerG dhfch wL. J QJ1~1nate tho need for a drtve aeross C~h•n noted that he would c~~tlng ■nt upon th ■ ava11abt11ty Cohen 1f th• Co••1ss1cn wtt\lld . if approved. noted that two ~ember~ /. CITY of ORONO May 1, 1992 Torn Barrett Popham, Haik & Associates 3300 Piper Jaffray Tower 222 Ninth Street South Minneapolis, MN 55402 Municipal Offices Post Office Box 66 CrystalBa~Minnesora553~ RE: Application #1734 -John and Mary Burger 3750 Bayside Road -Preliminary Subdivision Application Dear Torn: During the preliminary discussions with the applicant regarding the proposed two-lot subdivision, the issue of access to the property was of great concern because of the designated wetland that divided the southern portion of the property from the newly created parcel to the north. Staff recommended that rather than achieving access via a long and lengthy roadway through a designated wetland that applicant achieve access via the Landmark Subdivision to the immediate west. We advised applicant of the ordinance amendment that would allow private roads with underlying public easements to not only provide access to all homes within the subdivision but the easement would also allow adjacent properties to achieve reasonable access via the public easement. Please review the enclosed plat map. The applicant would propose access via Landmark Drive and a private driveway easement through Outlet C and Lot 1, Block 2, Bayside Landing. Staff has been advised that the current owner of Lot 1 will grant the appropriate private access easement. The applicant has asked that the City Attorney reaffirm in writing that Landmark Drive can be used as access to proposed Lot 1. Please contact my office if you need additional information. The Planning Commission wi 11 review this application at their May 18th meeting. Staff must be in receipt of your opinion no later than May 13th. Sincerely, n:l,L11.,,yJ.,-a. '-/J1 ?J(...t~JC , _\ f~ (,,LL(,~ Jeanne A. Mabusth Building & Zoning Administrator JAM/lsv TELEPHONE-473-7357 • F-\X-473-0510 ✓-~ /• ·.: . .:.: '0' ,,.. .. " ORDINANCE NO ... -77, 2nd Series AN ORDINANCE AMENDING TEE MUNICIPAL CODE OF .-ORONO BY COMPELLING PRIVAXE OWNERS TO ALLOW PUBLIC ·.PASSAGE ON A PRIVATE ROAD THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: Section 1. Section 6. 01,· subdivision 2 of the Municipal Code of Orono is ,hereby amended by adding the addendum sentence described below: All private roads must be opened to all people who own homes on that road and their invitees and to all people who could reasonably be expected to use that road to get to their private =esidences and their invitees. section 2. This ordinanc~ shall be published in The Laker and The Pioneer and shall be effective upon publication. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 8th day of January, 1990. ZTJB80 ll POPHAM HAIK SCHNOBRICH Be KAUF M A N , LTD . U . 5 . O FF ICES : SUITE 3300 INTERNATI O NAL OFFICES : D EN V ER , C O L O R A D O TEL 303-89 3 -1200 MI A M I, FLO R IDA TE L 305-530-0050 W ASHI N G T ON , 0 .C . T E L 2 02-962 -8700 VIA FACSIMILE 222 SOUTH NINTH STREET MINNEAPOLIS , MINNESOTA 55402 TEL 612 -333 -4800 FA X 612-334-8888 THOMAS J . BARRETT, ESQ. D I RECT DIAL (612) 334-2676 May 12, 1992 ORIGINAL TO FOLLOW BY MAIL ~[_ LEIPZI G, GERMANY TEL 01137-41-4918471 STUTTGART,. GERM A N Y TEL 01149-711 -296303 MA Y 1 3 1992 Jeanne A. Mabusth Building and Zoning Administrator City of Orono Municipal Offices P.O. Box 66 Crystal Bay, MN 55323-006 Re: Application No. 1734 -John and Mary Burger 3750 Bayside Road -Preliminary Subdivision Application Dear Jeanne: In response to your letter of May 1, 1992 with respect to the application noted above, I point out that Orono Ordinance 601 subd. 2 specifically allows the City to regulate private roads by allowing access over them to other persons who could reasonably be expected to use the road to get to their home and to their invitees. As I understand it the potential intensification of the use is probably limited to one or two homes which may use the private road in question in order to achieve access. The alternative access which has been discussed with respect to subdivision would require, as you point out in your letter, a long and lengthy roadway through a designated wetland. I also understand that we can look forward to the new users agreements to share in their prorata costs of the maintenance of the road. Thus, I conclude that the proposed use of Landmark Drive is reasonable under the circumstances and consistent with both our ordinance and other applicable law. TJB/j ao/a47TJe TO: Jeanne A. Mabusth, Building and Zoning Administrator FROM: Stephen Weckman, On Site System Manager DATE: May 6, 1992 SUBJECT: Subdivision #1734, John Burger -Septic Review I have reviewed the proposed septic system testing and design for this property and would make the following comments. Parcel C Depth of seasonal saturation (mottling) is l' 2" to 2' for both primary and alternate drainfield sites. Slope at both sites 1 to 3%. Percolation rates average 13.8 minutes per inch at 12 inches due to shallow seasonal saturation. Both sites require mound drainfields. Topographic location and site drainage is adequate. All setbacks meet city code. Based on the above soil testing information and site inspection, both drainfield sites are adequate to serve 5 bedroom home meeting all code and setback requirements. Soil testing and septic system design have been approved as submitted with the following note; snow fencing must be placed around the alternate drainfield site to assure that construction activies for both the house and the primary drainf ield site do not compact this site. Snow fencing must be placed around the alternate drainfield site prior to the issuance of a building permit. Parcel A/B This lot has an existing residence with an on-site sewage treatment system. The system is listed as code conforming in compliance and the system appears to be functioning adequately at this time. A municipal sewer system has been proposed for the Stubbs Bay area and if approved would require that residence be hooked up to the sewer system within 16 months of sewer availability. If the proposed sewer project is rejected, the septic evaluation made by City of Orono staff indicates that an alternate drainfield site is likely available for this residence. .~ ~ ~ ... i ~ ; s• l. e ::, -~ ~ I I I ~ ~, 0 ~ ~~ ' ' ' ' ~ ij II -n ,..,,. ... , ,<' =f> 0 o '~ ,.-:, ~ , ~ '¼,1~·vs l \ v ~- THERESA ... .. : 1•1• I" I" '• .. •·~1 --: --:-· ..... •. ·;; -~ -~ .. ~--~-·= .: 'i s-ia· i :·· : ·2 ....... = .. ·•.. (; ~ : 1· ~--···· .. .. ~ ': ~-.. --~ ~---~ \I!"! : ' r _,. -~I:., : I -.._ •-t .. lo< I I --·-r•.: r 44),~ ------ ~ ii ~ ;j 11, ~ ~ ~" ~ 0~ ~ • .; i~ -11• ~ ···•··••··•··········Nt·"· ...................... 3 ~ •i. ~ .; . - -411 . ff n·111-. S-P TESTING, INC. Steven 8. Schirmers -MPCA Cert. No. 627 951 Katydid Lane NE • St. Michael, -MN 55376 • (612) 497-3566 April 14, 1992 John Burger 3750 Bayside Parcel C Orono, Henn. Co., MN 04 ~- This On-Site Sewage Treatment System is Designed for a Type 1,Five bedroom home in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. The soils on this site are SCS soils mapped -LmB -Lerdal loa~. A seasonally high water table was located at 14" to 24", (mottled soil). Due to the seasonally high water table, a Pressurized mound System will need to be installed. The bottom of the rock bed must be located at least 3' above the seasonally high water table. The soils at a depth of 12" have a percolation rate averaging 13.8 min/inch and are adequate for treating septic effluent. A pumping chamber will need to be installed to lift the effluent to the treatment area. The manifold and supply line pipe must have back drainage to the pumping chamber. The distribution pipes shall have their ends capped. Be sure the rock and sand fill material are clean. The sod layer below the entire mounded area must be turned over, just break up the sod, be sure not to over work. The power supply and switches must be located pumping chamber in a weather proof enclosure. installed with a light and sound device, this (Mercury floats are a good method). outside the manhole and A warning device must be is in case of a pump failure. All neighboring wells are located greater than 100' away from the proposed treatment area. CONT'D ( 2) John Burger 3750 Bayside Parcel C ·orono Keep all heavy equipment off of the proposed treatment area before and after construction. The treatment area should be marked off before construction. This Design is not valid & the System will need to be relocated if failure to protect the areas proposed for On-Site Sewage Treatment occurs. With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Nothing other than gray water, ( laundry, showers, etc.) human waste & toilet tissue should be disposed of into the septic tanks. Garbage disposals are not recommended. Additives must not be used, they may cause harmful damage to your septic system. Recommend to pump your tank every year if you have 1 tank & every 2 years if there are 2 tanks. SLD. S:,~ Steven B. Schirmers 0 ~ SBS/ds _I. INSPECTION RECORD DATE COMPLIANCE ~/-/'S"'-77 /NSTM--lATTbvw C. iZ-2,-e. 2-/JO .Su @Fl\<?./1°6 /Uon::l) __j 8-2.2--BB ,. ,, 6:_?.5-:tl ---;-A/4-,-S_t_Y-fu....,,..w-·,h-ct-. ~----,jffjgi-::--;--I LOCATION PUMPOUT RECORD r-~, SKETCH j \_ t> (,J~\.- DATE GALLONS' 'J. ~ 'b /O"')l-71 Jsrfl v \' '!,, '"'\ r ___ ( I ---l I I ti ~ ''c> 0 \\ .,,,1 \ \ 17,,'? ( ''' I I I I I I I I J I ! I ~ lfo ~Ji '< ,~,j'J ~ l'--L I I. \,\0 ------_ I lnclure: 1) Well location I 2) Distance from house to ______ I septic tanks, dist. box, \ and drainfield C -CONFORMING S -SUBSTANDARD N -NONCONFORMING 3) North arrow and road i3A7 S!De:-/2.D -, ...... _..,,,..,. Z"j,....,..,, ..... 4»,,-~--"1.-~-~~-,~--,..,.. __ , ,._.....,. ------·~-·--~-•-,.---·· ,/ I 1-...: VJ I 7- / / II t°>-/ I -----I '?>lYl"'?'l>-'b ~ I ~~~~ . ' c~~Y'\~~ I ~ l ~~ ,J I ,~J ~),.,~ ~ I JV"' '{ "~ '..JJ . o\ \'-"=' tf"(t ~I _-J/ '{-.· . / ,4.• . woo= _JI! ~ t/ I -~,$'-,,:/4'.. I , .,, -.: . -..1' ., I I ;-K.:io, li,:,. ,,-b' o/ IWP?o'1i ,.1 I .-,! , · "'--), , • ; Sow;,>- 0 '. _L/' It'·"_ 7 -----3'~'''" \.O<,,.r,--(w),)..o, ' I..., _, . I . ,___......::-• --' ,,,,"f-J.r_ ~)',i---/ /', fAW.~ .';/__ I sJ'.------! '\ \A"°"~~ ,~t>,.\ --,&y ,: t I ,. 2,"'' . / i -~" , I , ------~ .. c! o,, ----I , , ,-.;_ ~" ;_/ ;~,-~'I . .-I ( , \ ,,~-'/ ~ '""---'•' C-· ·/ I\ \ \ I "' !!''. /--~;-·/ -,; ---------\ -:---ik"'"' \ '1,.,,A'\2. ' I~ , <~"-"-=· w"""-'- 1'-9~ ... -==============t-L,__ ~ . .,,-- -3(,,J,i'? ,_ ----------- ~«'t' __ At-\-~Y'-:{ ~~,~~--( ~ -~ ---f'~~ "'??o~os~ ~Y'Vl1i<}-\--r _ ~¢"A'S '\3~~ ~ ~~ LD}l.~~oµ . \....OW -V- V.J~-f'L"A'l-\"O Z / l,,°f.'---:-~~;,_--:•I t·,,,,'i ' \ ~ ~/4-- ! . ~~-.Cc/:_i \ ~"': ,, 'I.. . i-·> c:-"7 '(•. ' " --, ' : • -~ • """ • •••• • • • \ . ' o. ,r-f.L... "' fi WOO't>,;;"<:;,. ----::.t 'i,-4_c--li ' '>-""·' --'l""c'..1 ·1 -L-\,(o'- ---&.: 32'.>f-\Jl-V:•;,.· ----- . ...• ~ :1''\':,M ~ -:<o'f' Q:f::::::()-:l::R: Bo'??1\;\:W'f-"'2'< YU?~ -(,QB-1,:EI-:: ::,::.'?:e u "i?'L-IQQ•OQ ---C S Percolation Tests XSoil Borings ®Bench Mork Scale: 1 ~Sr.:>' Note: This system is to be constructed to meet the Minnesota Pollution Control Agency Chapter 7080 & Local Ordinance Note : Check all underground utilities \' PROPERTY OF:-:r'o't:l:,-1 \::>l-'~½'e'?:: 3'] <'o 1"28%\'.P'ii? fA-Z-C-:""2:)--'c" 01?-o}:l:p M >J, . ~-µ. <'.'.:.D , r i' . S-P TESTING l':f,_ f. - Designed Br '24u-..r---Q5 • 2r ~ ~ t;1 Dote:J;../~m. PH. 612-497-3566 fl k ' . ,, ' --·---·-·· ... Y,'!f-:':..~-~~~1/~-;~:::;i~,{-:.f"_;~~~-::::~.,q-i--~~~_?-'~;'~~-~-'"-!~:\~_,.~k-~1'.~·~~~~-~-=-~•~•-'.7,-..,-~,~-~,._-::_.-;-."7':~.:"-~.,.'7'"• -.; : -----,--.---... ,---,l~~,.~·:,:~rr~7c;t:;;,r.·:~/!ti::x-~'l M ORDINANCE NO. 33, SECOND SERIES An Ordinance to amend the Municipal Zoning Code of Orono by redescribing the legal descriptions of certain properties within the RR-lA and LR-lA Zoning Districts of the City. The City Council of the City of Orono Ordains: The Municipal Code of the City of Orono is amended by adding Ordinance No . .3...3., Second Series: Section 1. The Municipal Code of the City of Orono is amended by amending the off icia 1 Zoning Map and Zoning Use District Boundaries for certain properties within the Northwest Quarter of Section 5, Township 117, Range 23 located within the RR-lA and LR-lA Zoning Districts as follows: RR-lA -Commencing at the Northwest corner of the City of Orono; thence Easterly along the North line of the Corporate Limits to the intersection of the North line and the center line of Wayzata Boulevard; thence Southeasterly along the center line of Wayzata Boulevard to the center line of Wayzata Boulevard and Stubbs's Bay Road; thence Southwesterly along the center line of Stubb's Bay Road to its intersection with the center line of the Luce Line Trail; thence Northwesterly along the center line of the Luce Line Trail to the Westerly line of the Riedell Company Stubbs Bay Addition plat; thence Southerly along said line 283.68 feet; thence Westerly 1325 feet parellel with . the Northerly line of Section 5; thence Southerly parellel with the West line of Section 5 to the center line of Bayside Road; thence Westerly and Southerly along the center line of Bayside Road to the Corporate Limits of the City of Orono; thence Northerly along said Corporate Limits to the point of beginning. LR-lA -The followin1 described property in Sections 2, 4, 5, 6, 9, 10, 11, 15, 16, Township 117, and Sections 25, 26, 35, and 36, Township 118, Range 23: All of the South 1/2 of Section 2 lying Southerly of the Burlington Northern Railroad EXCEPT that which is within the City of Wayzata. That part of the South 1/2 of Section 4 lying Westerly and Southerly of County Road No. 8 4. All that part of the south 1/2 of Section 5, Township 117, Range 23 lying easterly of Stubbs Bay, Northerly of Maxwell Bay and Northeasterly of the channel between Stubbs Bay and Maxwell Bay . . That part of North 1/2 of Section 5, Township 117, Range 23 consisting of Lots 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 20, 23, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 52, 57, 58, 59, 60, 61, 62, 63, 64 and that portion of Lots 37, and 40 and the South 550 feet of Lot. 53 of Auditor's Subdivision No. 203 lying Southerly of the Luce Line Trail. Block 1, 2, 3, 4, 5, 6, and 8 of Bayside Addition, all =of Bayview Park, Ottoville and Blocks 1 and 2, Hillside Park, Block 1 Riedell Company Stubbs Bay Addition and the South 550 feet of Lot 1 and 2, Burger's Bay s ide Addition . Section 2. This Ordinance shall be published in the Laker & Pioneer Newspapers and shall be effective upon publication. Passed by the City Council this 30th day of March, 1987, by a vote of _s_ ayes and _o_ nays. \. r-Y,,,.-, \ r-u JI ./ l) I ~~6bdVJJ), · Jame\,s R. Grabek, Mayor 1,j Published in the Laker & Pioneer Newspapers on the 13th day of April , 1987. ---------- \ -ue, -----------J ------ ~ :, ii -11, N ~ ~ :; " ~ 0~ ~ • ~ ............................................... 3 ~ - Ill LAGS{J);;a: .~ ~ ~ THERESA ST ,.. i ~ ; s• l. e . , . ·•. · .. --?. • • I --.. -•}. ....... = ..... • .. (.i ~ I : I; '!',•··•·· .. w ~ ~ l,l• " ~ ~ ~ k\ [} -: - ~:. I I ~· 1.,, 16.:l 1i1C : t ..... = ~ ~ C-, SPRING ST ~ , I ~ I ~a 0 ~ ~~ ~ ~ Mil ~ @ID :-, =· ~ . 'IJ .. ~; . - • f ··: .. . ~ , .... lg) ' ' .•· . ' ' -DI i • C ::: ..., t-.~-s~.: .;.-·· -... ~ - .• --· -. . " DRAWN BY / OESIGIEDBY __ --.. !;,,... .... 95-78 - REVISION DATE \ I ----------------·- BURGERS BAYSIDE SECOND ADDITION PROPOSED SUBDIVISION FOR JOHN BURGER OF LOT 1, BLOCK 1, BURGER'S BAYSIDI OT 50, AUD. SUB. NO. 203, & LOTS 15 & 16, BLOCK 5, Fv1L.VIEW PARK HENNEPIN COUNTY, MESQsoTA ~ ~' I . f ~1 , \ . I \ 7H: 34-9.68' '-----~--=::~-:~-~=:_ .... _·__ .. _J_,,/-7, /,--,_,_ ·,,··. -....__ ---==::::::.;::;::;t:;;~ I I • • ....... I I : , \ ,f ./ . ' . / .·1· ''--.. \ ',_ // ~ ' . J .\ LOT 2 1 <'R-IA ' '\ \ · ._.,,_ ..,.r '°"'"'/ Ll?-IA \ --~.'t.:,; = ':t i i};llr-:·L . .'.::} ·1 f)E ~ ~ t . /-~---------- / ,,,...--440_00 /~ {/:::/. .. )[.f i:.:J. !, : f'·i (·~ I , ------ i\ ~ ·"' -~ .. t ., "' If • \ )'J••11 •z~•£ ) \ \ \'"'\"' \ ', \ 1 I \ , \ I 7 ~------,/ = = DESCRIPTION ,1:~ ·./. _ _;.;-:, ,:.-.,( PROPOSED SUBDIVISION FOR JOHN BURGER OF LOT\. BLOCK 1. BURGER"S BAVSIOE. LOT 50, AUD. sua. NO. 2031 6 LOTS 10 6 1e, BLOCK !!, BAY VIEW PARK kEHNEPIN COUNTY. MINNESOTA i,L;._.c::=:I::::i:-------'-------- le. ~ f-;. :: ~ o : irOf\-.-kr- tl,:.t-: tr'll"-4t\k4lt~ < ~ z ~ z z :§ UJ ~ < ...I 8,eorin,• ,)lo,,,ln oit. i.Q.c.J vpOt\ an o-..""Gd d4+.,,.,. -•ti♦--:41.i,ti~, ............ SCALE DATE , ... ~o· ~-11-92_ SHEET NO. 0 HENNEPIN DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONE: (612) 930~2500 FAX (612) 930-2513 TDD: (612) 930 -2696 May 26, 1992 Jeanne A. Mabusth Building and Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, .MI\J 55323-0066 Dear Ms Mabusth: RE: Proposed Plat -Burgers Bayside 2nd Addition MAY 2 B 1892 CSAH 84, North side, approximately 780' west of Stubbs Bay Road Section 5, Township 117, Range 23 Hennepin County Plat No. 1996 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and make the following comments: -For future improvements to this segment of CSAH 84 the developer should dedicate an additional 7' of right of way along CSAH 84 making the right of way 40' from the center of CSAH 84. -No additional direct access from this plat to CSAH 84 will be permitted by Hennepin County. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to, drainage and utility construction, trail development, and landscaping . Contact our Permits Section at 930-2550 for utility petmit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. u :1~---- Dennis L. Hansen, P.E. Transportation Planning Engineer DLH/LDW:lw HENNEPIN COUNTY an equal opportunity employer p May 7, 1993 Mr. James D. MacK.innon Johnson and Wood, PA 730 East Lake Street Wayzata, Minnesota 55391 Dear Jim: CITY of ORONO Municipal Offices Post Office Box 66 Crystal Bay, Minnesota 55323-0066 Mark Gronberg promises that our plat mylars will be received sometime early next week. It is my hope to get Burgers Bayside Second Addition placed on the Council agenda for May 24th if we can move fast on the remaining easements and agreement. The following items have yet to be completed by applicants: 1. Payment of final plat fee at Legal review and filing fees Park dedication fee TOTAL 175.00 200.00 3,696.00 $4,071.00 2. Execution of special lot combination agreements. We have completed the agreements. Please review and get back to me if you have any questions. The City would appreciate two original copies of each of the agreements. One for filing and the other for the City records. 3. Execution of Flowage & Conservation Easement over wetlands. This easement has also been completed for execution and should be made in duplicate so that City may have original for filing and one for records. 4. Execution of Bike Trail Easement. Mark Gronberg advised that he would be able to complete legal description for the portion of the trail adjacent to Bayside Road or County Road 84. TELEPHONE -473-7357 • FAX -473-0510 Mr. James D. MacKinnon May 7, 1993 Page 2 I must ask that all outstanding items be completed and submitted to my office no later than Tuesday, May 18th. As for the $50.00 payment to the City, please disregard. Sincerely, ~~~c.~ h~ Jeanne A. Mabusth Building & Zoning Administrator JAM/ch Enc. cc: Lori Meyer Hunt Kyle, Hunt & Partners 7602 York Avenue South, Suite 7216 Edina, MN 55435 Mr. and Mrs. John Burger c/o James D. MacKinnon Johnson and Wood, PA 730 East Lake Street Wayzata, MN 55391 ✓ DRAINAGE, UTILITIES AND TRAIL EASEMENT THIS INDENTURE, made this~--day of ______ , 19_:_, by and between ~----~-~ ______ ,-hereinafter referred to:as "Grantor(s)", and the City of Orono, a Minnesota municipal -~ corporation,'· hereinafter referred to as "'Grantee." ...:~ ;;;.:.-,~" ·)•-=·· "·r:.:::..?_-. . . ·_ · .... :• .. :':.--~ . ___ . .. . . . ::-·. -.-... _._, _~ ___ -_., ~----~ -·---_ .... _-;~~~ .. :~-:: .. ·:- WITNESS,· that Grantor(s), ~n consideration of the sum of· One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is .acknowledged by <~. ---- Grantor(s),~do(es) hereby grant, bargain,~sell and convey t6 Grantee, its successors and assigns, a perpetual easement for public ingress, egress, and access, for drainage, utilities ana·" trail purposes and uses, over, under and across the land in the.· State of Minnesota, County of Hennepin legally described ~s: 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 interceptor, lift station, main or line, a water main or line, gravel or paved trail and any and all appurtenances, including drainage control structures, incidental and related thereto, (all of which are hereinafter referred to collectively as the Improvements), The Grantee shall have the right to make use of said land· as is reasaonably necessary and advisable to the construction, installation, maintenance, operation and repair of the Improvem6mts. In addition to any other remedy the Grantee may have, the covenants and restrictions ~ontained herein may be enforced by.-~~:- injunction. -'· The Grantor(s) certify that the land herein described is free and clear of all ~ncumbrances except: IN WITNESS WliEREOF I the Grantor(s} have executed. this-.. easement on the day and year written above. t r "". u,; , 'Jr 11,...,, rt,... • 1. , , ; ~.;. •• STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ) ·"' .. --: Lon··this -day of _______ , 19_, ::before· me .· ._.·. ,,.·_ =-''.<. ·;; - personally appeared _____________ , to :me ·known to be=-\~'-,~>'>:::t .:~~ the person(a) described in and who signea the foregoing instrument, and acknowledge that they e%ecute~ same as their free act and deed. STATE DEED TAX DUE HEREON: This instrument is drafted by: City of.Orono P~O. Box 66 Crystal Bay, Minn. 55323 ... -~.-.-.. -, .:-.· . -.. , .. NOTARY' PUBLIC- . --·--.... . .. . . . . . ·. :_.:::-._·:::i .• !'. _·7_.,-~-:"';-:_, -f --·· .. ;~~~,-~- , ' KYLE HUNT & PARTNERS March 30 ; 1 993 Jeanne M.abusth City of Or-ono ·post Office Bo x 66 l '1993 Crystal Bay, Minnesota 55323 Re : John Burger Subdivison / Dear Jeanne: ' Enclosed you will find the origin-al signed Maintenance and, 'Easement igreement between John & Mary Jane Burger and Vickie J ; Ross, the Es~row Agreement and Deed of Appurtenant Easement .for the above property. There is also, one set of copies for each document. As per James MacK _innon's letter to you dated that tha ~oven~nts for · Landmark Homeowners ·been filed. March 10, 1993 , Association have Just to confirm -that everything is in place,· "plea~e _ re~iew MacKinnon 1 s letter and advise me if you are mi~sing any documenis or informatio~ that· you · need to proceed ., (Note: Items 3-6 in his letter refer to items that he understands that -the City of Orono will be providing .) Item 7, regarding the payment of, the $50.00, I believe that John Burger has already made this payment. -Please let me know i ~ _this has no~ been satisfied . -· -To .bring this subdivision process to a ~lose, it is to my underst~nding that the follciwing steps need to be finalited: 1 . Mar k Gronbirg will obtain the title work from you f6r compl~tion of the final pl~t .. He will complete this work and then, immediately file the final plat.-· 2. Two ~ylar copies of the record plat and one reduced copy 1''=200'; the enclosed easement and maintenance documents, a payment to be ~etermined for p~rk dedication fee, a 7 602 York Aven ue South Suite 72_16 . Edina, Minnesota 55435 . 612 . 89i '3555 BUILDER LICENSE NUMBER 0001967 . I Jeanne Mabusth March 30, 199.3 Page·2 -$175 "final plat fee and legal review and filing fee of $200 to the City of Orono, p~r the Resolution Documents granting preliminary plat approval of the two lot plat located at 3730 Bayside Road File No. 1734. Are there any additional application fees that have not yet been paid and that will be required? Please advise me so that John Burger can be prepared for· all expenses i nvo 1 ved. 3. According to the schedule that I received from your office, I'would like to make sure that you have all your information by April 15 and be on the Council Meeting Agenda for April 26, 1993. Dd you see iny problems with this time schedule. Thank you for your attention to this matter_ and I appreciate your iriput on any of the above. Please c~l at your earliest convenience with any questions or clarifications. Sincerely, ~~ Hunt Enclo ures / I . MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD JUNE 28, 1993 LAKE MINNETONKA CONSERVATION DISTRICT Hurr reported the LMCD adopted the proposed budget at their meeting on Wednesday. They did reduce the amount in their reserve fund to 6 months operating expenses, and the rates w i I I increase to cities. PLANNING COMMISSION COMMENTS There were no comments. PUBLIC COMMENTS There were no comments. (*#3) #1734 JOHN BURGER, 3750 BAYSIDE ROAD - FINAL SUBDIVISION -RESOLUTION #3294 It was moved by Jabbour, seconded by Mayor Ca I I ahan, to adopt Resolution #3294 for Application #1734 for John Burger, 3750 Bayside Road, approving final subdivision. Ayes 5, nays O. (#4) #1811 C. JACK REMIEN, 3237 CASCO CIRCLE -VARIANCE M.r. Remien was present. Mayor Callahan referred to a letter from Gary Nasiedlek, the only new item since the last meeting. It was moved by Hurr, seconded by Goetten, to approve Application #1811 for C. Jack Remien, 3237 Casco Circle, for lot area and lot width variances to construct a new residence. Jabbour apologized for not attending the last meeting. He reviewed approximately 5 years ago the Counci I changed the pol icy regarding lots owned in common ownership. He stated he personally does not want higher density,. but a I so does not want to force peop I e to develop lots so they do not lose the right to do so. Mayor Callahan clarified that Mr. Nasiedlek's letter infers that if the I ot be I onged to anyone e I se but Rem i en, it cou Id be bu i It upon with variance approval. Mabusth stated that the rights of someone else are no different than Mr. Remien's with respect to this lot . Both would need variance approval to develop. She stated the pol icy change intended that ownership of lots not be considered with regard to development of a property. 2 MINUTES OF A REGULAR ORONO COUNCIL MEETING HELD MAY 24, 1993 (#7) #1691 & #1702 CITY OF LONG LAKE, 130 ORONO ORCHARD ROAD -FINAL SUBDIVISION -RESOLUTION #3284 Kelley inquired about the landscape plan and a provision in the covenants to ensure the plantings wi I I be installed. Staunton replied there are provisions within the covenant that would al low Orono to obtain an injunction and to take I itigation to enforce if such violations are determined. Mayor Ca I I ahan suggested the City shou Id contact Long Lake if a provision is not being adhered to prior to litigation. He said the City of Orono wi I I be the primary party to enforce the covenant, not the residents, and added the covenants are perpetual. Kelley questioned the time frame for the landscape screening to occur. Moorse replied as the properties are developed, screening wi I I be planted. It was moved by Mayor Callahan, seconded by Jabbour, to adopt Resolution #3284 for Application #1691 and #1702 the City of Long Lake, 130 Orono Orchard ·Road, approving the p I anned resident i a I development and plat of Fleming Trai I. Ayes 5, nays O. (#8) #1734 JOHN BURGER, 3750 BAYSIDE ROAD -FINAL SUBDIVISION It was moved by Hurr, seconded by Jabbour,· to table action on Application #1734 John Burger, 3750 Bayside Road, at the request of staff, pending receipt of the required easement documents. (#9) #1811 C. JACK REMIEN, 3237 CASCO CIRCLE -VARIANCES Mr. Remien was present. Gaff ron exp I a i ned this is a request for a third renew a I of a variance for lot area .and width originally approved in 1984. When the original variance was granted the property was owned in common by the property owner to the north. The property is in a half acre zoning district, and contains 77% of the area requirement, and 55% of the lot width. The Planning Commission voted in favor of this on a vote of 3 to 2. A question has been raised about the consistency with the DNR shoreland regulations. 7 CITY of ORONO ~ tlP.l:'.f::; MH 554 -c: ... -'. ... 1/_ MY. """'"'°"' ~n""'6 . ---•. ~ ,. .• o tlCF<li9' CRYSTAL P.O .BOX66 ~J IJ._, ... G:.IJ/!l;:(~ •::•f•~ ,-, I'· , r ~ r .,, ... o..P '~(? ., ~ ' ... ✓ • . , ' , ' / "' >'' . ·' ~ /;V~ "~'.~,_-1/'·7 ~t ''I ~ ~ ~ r~~~'i) :}_~ ~" r' , ~ /tMr • and M J · M./ Lonrr r ;:,k-e Road cr:_ ~ • I' . o ---::-M."f:! i:; i:; < c:; · p•,~ms,J •=~-,.:. . ✓ ,MT •,, -=~ ;: ,i b-,3,,,1. . -c / ~ , / . I BUR~~J .• -r.M , .. 1ER IJ F r71;:2 ,i1:~-.-1 _1 _ •• J'. -!'-!· _.-;:--=-i ~ 1 1·.-,""- 1 '• 1:'.\I.! hl JI ;i.;;.•:::• •.-.•. -t -~ reR ~ , .... -..-. . . -,J' · PLYfiaurH ~ftc~~:i;f~ LN ri · · · tpJ , -~44 ' -2'1C•7 I IHl Iii., 11l1f ttL1I 1111ll1 I ,I I ,I I lit 111f1111tl!IH II 11 ,11111!111 I PETER W . JOHNSON JOHN W . WOOD , JR. GARY L. PHLEG ER RI CHARD J . SC HIEFFER THOMAS A. SC HULENBERG, Il LAW OFF I CES JOHNSON & WOOD, P.A. 730 EAST L AKE ST.REET WAYZATA, M I NNESOTA 5539 1 TELEPHONE (612) 475-15'15 TELECOPIER (6 12) 475-0 ,11 \.' 7 _) JUN 2 3 1992 June 22, 1992 Ms. Jeanne Mabusth City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: John Burger subdivision Dear Jeanne: OF COU~SE L EARLE J . NIEDERLUECKE J AMES D . MAcKINNON C. SCOTT MASSIE INVESTIGATOR DAVID J . HERZU CK Thank you for having copies of the City Resolution and proposed subdivision documents sent to me. I note that in paragraph no. 1 at the bottom of page 2 of Resolution No. 3131, you say that access to Lot 1 shall be via Landmark Drive and a private access easement over Lot 1, Block 2, Bayside Landing. While that is correct, it is incomplete in that we also need access over Outlet c, Bayside Landing. I realize that's not objectionable to you and we probably don't need to do anything ('bout it, but I wanted to point out that minor omission to you. \ Very trul Jame JDM:mb cc: John Burger PETER W . JOHNSON JO HN W. WOOD. JR. GARY L . PHLEGER RICHARD J . SC HI EF'F'ER T HOMAS A . SC HULENBERG , II March 10 , 1993 LAW OF'F'I CES JOHNSON & WOOD , P.A. 7 3 0 EAST LAKE STREET WAYZATA , M I NNESOTA 55391 TELEP H ON E (6 12) 475-1 5 1 5 TELECOPI ER (612) 475-031 1 Ms. Jeanne Mabusth, Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: John Burger Subdivision Dear Jeanne : OF COUNSEL EARLE J. NI EDERLUECKE JAMES D. MAcK INNON C. SCOTT MASSIE IKVESTIGATOR DAVID J. HERZUCK MAR 1 ·s 1993 Enclosed you will find my title opinion for use by the City for platting purposes, together with copies of the recent redrafts of the covenants. Those redrafts take into account the requirements of the John Burger subdivision, as well as the Austin Evans subdivision. I believe you will find them satisfactory in all respects. They have been recorded . The document numbers are listed in the attached letter from Jeffrey L . Watson. I verified this fact when I did my tract check on Tuesday, March 9, 1993. As to the seven items listed as conditions in your preliminary approval , I will respond in the order that they are numbered: 1. This item would be covered by the amended covenants. 2. This item is covered by Private Easement Agreement with Vickie Ross who has since sold her property. Those documents, along with the fee to be paid are held in escrow, pending approval of the plat of Burger's Bayside Second Addition. By sending a copy of this letter to Laurie Meyer-Hunt, I will ask that she obtain copies of those easement documents and send them to you. In that regard, you should also note that it would necessary to have an access over the Outlet that serves the Ross parcel, and that is covered by those documents as well. 3. I presume the City will be drafting the lot combination agreement. Ms. Jeanne Mabusth, Zoning Administrator City of Orono March 10, 1993 Page Two 4. I presume the City will draft this lot combination agreement as well. 5. I am presuming this will be on the plat, or on a separate document prepared by the City. 6. My review of the title does not indicate that the flowage and conservation easement you refer to was recorded. Accordingly, we would ask that the City prepare a new one for execution. 7. Please ask John Burger for the $50.00. Jeanne, if there's anything I've overlooked, please give me a call. Obviously, after this long delay, we'd like to get things done as quickly as possible. If you require signed copies of the covenants (and I presume that you would), you should contact Jeffrey L. Watson, Esq. at 347-0266 and ask him to send them to you. The only copies I have are unexecuted copies. I look forward to hearing from you. JDM:mb Enclosure cc: Laurie Meyer-Hunt LAW OFFICES MOSS & BARNETT HERMAN J. RA TELLE PATRICK F. FLAHERTY WAYNE A. VANDER VORT DONALD E. WIESE HOWARD S. COX PAUL VANVALKENBURG MICHAEL L. FLANAGAN W. SCOTT HERZOG WAYNE A. HERGOTT JAMES E. O'BRIEN JOHN F. STONE PAUL G. NEIMANN EDWARD L. WINER ADRIAN E. HERBST WILLIAM N. KOSTER WILLIAM A. HAUG CHARLES A. PARSONS, JR. PHILIP A. PPAFFLY RICHARD J. JOHNSON ~OBERT J. LUKES J. MICHAEL HIRSCH EDWARD J. BLOMME MARGO S. STRUTHERS ANN K. NEWHALL MICHAEL J. AHERN MAHER J. WEINSTEIN PHILLIP GAINSLEY JEFFREY L. WATSON THOMAS J. SHROYER DALE M. WAGNER BARBARA G. STUART DAVID P. JENDRZEJEK DANIEL J. GOLDBERG CURTIS D. SMITH DAYE F. SENGER LOUIS J. SPELTZ MITCHELL H. COX MICHAEL J. BRADLEY Ms. Laurie Meyer Hunt Kyle Hunt & Partners, Inc. A PROFESSIONAL ASSOCIATION 4800 NoRWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-4129 TELEPHONE I 612) 347-0300 TELECOPJER I 6 1 2 ) 3 3 9 -6 6 8 6 347-0266 WRITER'S DIRECT DIAL NUMBER February 16, 1993 PETER A. KOLLER RICHARD J, KELBER STEVEN Z. KAPLAN NICK HAY JEANNE K. STRETCH REESE E. CHEZICK LAURA J. McKNIGHT BARBARA JEAN D' AQUILA ELIZABETH A. SNELSON SUSAN C. RHODE M. CECILIA RAY THOMAS M. HUGHES PAUL T. EIOSNESS DANIEL R. SUNDELL JOSEPH R. KLEIN DAVID M. HENRY JENNIFER A. BROOKS ANN M. MEYER VINCENT J. FAHNLANDER Mr. John Burger 7602 York Avenue South, Suite 7216 1475 Terraceview Lane North Plymouth, MN 55447-2407 Edina, MN 55435 Mr. Austin H. Evans 730 Second Avenue South Suite 410 Minneapolis, MN 55402 Daniel S. Perkins and Patrice M. Perkins 55 Landmark Drive Orono, MN 55356 NANCY M. KISKIS HEIDI A. SCHNEIDER CHARLES E. JONES BRIAN T. GROGA!'-.' CORY LARSEN BEITENGA JEANNE~MARIE ALMONOR DANJEL P. DAMOSD MARGARET K. LAHAMMER RETIRED J. BRAINERD CLARKSON FREMONT C. FLETCHER VERNE W. MOSS JA.\{ES H. HENNESSY ST AN LEY R. ST ASEL James D. MacKinnon, Esq. Johnson & Wood, P.A. Dr. and Mrs. Richard F. Kyle 1140 Tonkawa Road 730 East Lake Street Wayzata, MN 55391 Mr. 175 Lee C. Harren Landmark Drive Long Lake, MN 55356 Ms. Marcia Pearce Office Manager Peterson, Fishman & Livgard, P.A. Uptown Business Center 3009 Holmes Avenue South Minneapolis, MN 55408 Long Lake, MN 55356 Mr. Allen C. Johnson Attorney at Law 6525 Sherwood Avenue South Edina, MN 55435 This will follow up on my letter to many of you, dated February 3, 1993, relating to the amendments to the two declarations affecting land in and near the plat of Bayside Landing, Hennepin County, Minnesota. With respect to the A.mendments themselves, the amendment to the general declaration was filed for record in the office of the Hennepin County Recorder this morning and recorded as Document No. 6039266, and the amendment to the road declaration was filed for record at the same time and recorded as Document No. 6039267. Those documents also were filed for record in the office of the Hennepin County Registrar of Titles this morning, and I am advised that they were accepted for filing as of 10:00 o'clock a.m. Document numbers from the Registrar of Titles' office are not yet av~ilable. The MOSS & BARNETT A PROFESSIONAL ASSOCIATION Page 2 February 16, 1993 amendment to the general declaration is to be reflected as a memorial on all five Certificates of Title which are involved in this development (the two Evans Certificates of Title, and the Certificates for parts of the parcels owned by Mr. and Mrs. Perkins, Mr. and Mrs. Harren, and the newly formed Landmark Drive Homeowners Association). The amendment to the road declaration will be reflected as a memorial on the Certificates of Title covering the two newly replatted Evans buildable lots, part of the Perkins property, and part of the road parcel owned by the Association. We have deposited in our trust account today two checks, totalling $12,500.00, pursuant to an escrow arrangement with Mr. Burger's counsel. A copy of my letter and Mr. MacKinnon's response thereto, confirming that arrangement, is enclosed to each of you for your information. The members of the Homeowners Association will need to hold an organizational meeting and elect directors, and those directors will need to elect officers of the Homeowners Association. I suggest that you proceed promptly to do this in order that the Homeowners Association will be fully functional. Messrs. Evans, Harren and I have been serving initially as Directors of the Homeowners Association, and initially Mr. Evans is serving as President, Mr. Harren is serving as Vice President and Treasurer, and I am serving as Secretary, of the Homeowners Association. Each of us has resigned our directorship and officership positions, effective as of the commencement of the initial meeting of the members of the Association. I have provided copies of the Articles of Incorporation and Bylaws of the Association, and the initial Resolutions of the Directors of the Homeowners Association and the Resignation of the Directors and Officers, to Messrs. Harren and Evans. Although it appears that the hardest work is now completed, there are still some loose ends which will need attention. First, the Homeowners Association has fee title to the road parcel, but that parcel is still subject to a recorded contract for deed in favor of Landmark Construction, Inc., and Landmark still has a mortgage of record against the property in favor of Builders Development & Finance, Inc. Mr. MacKinnon has requested that the Trustee in Bankruptcy for Landmark abandon the property and the rights of Landmark under the original general declaration. When that is completed it will be necessary to obtain and record a conveyance of those rights and that interest in the road parcel from Landmark Construction to the Association, and a release or satisfaction of the mortgage. Another matter yet to be completed is that I will need a federal taxpayer identification number for the Association. I understand that Mr. Harren is applying for that number and will provide it to me when it is available. A third item requiring attention is that apparently do not have a record interest in their them to urge them to attend to that promptly. Dr. and Mrs. Kyle still property, and I have written MOSS & BARNETT A PROFESSIONAL ASSOCIATION Page 3 February 16, 1993 Finally, it is possible that, in connection with a sale or refinancing of any of your properties, an issue may be raised as to whether mortgagees of one or more of the parcels in the development must consent to the amendments to the declarations. I think the declarations provide generally that this is not required, but certainly an argument can be made that any change in the restrictions affecting the outlots would require the consent of those mortgagees. I did not attempt to obtain joinders or consents of mortgagees to the amendments, because I think it was most important to obtain the signatures of all owners and get the amendments recorded. Under each of the amendments, however, each owner agreed to use reasonable efforts to obtain the consent of its mortgagee(s) if necessary. JLW/jvn 1357ZJVN Enclosures AMENDMENT TO DECLARATION OF PRIVATE ROAD AND UTILITY EASEMENTS AND COVENANT FOR ROAD MAINTENANCE This Amendment To Declaration Of Private Road And Utility Easements And Covenant For Road Maintenance amends that certain Declaration Of Easements And Covenant dated the 9th day of May, 1988, and recorded the 17th day of August, 1988, with the Hennepin County Recorder as Document No. 5444194, and recorded the day of _______ , 19 __ , with the Hennepin County Registrar of Titles as Document No. , which affected that certain -------- property located in Hennepin County, Minneosta, legally described as follows: outlot D, Bayside Landing. The undersigned, who collectively constitute all of the owners and encumbrancers of Outlot D, Bayside Landing, and all of the properties benefitted by said Declaration and Covenant, as described in said Declaration and Covenant, hereby agree to amend said Declaration and Covenant as follows: 1. The term "Properties" as defined in paragraph no. 1 of said Declaration and Covenant shall be amended by adding the property described as Lot 1, Block 1, Burger's Bayside Second Addition. 2. Paragraph no. 4. shall be deleted and in its place shall be substituted the following: Each of the five lots comprising the Properties shall be charged with the responsibility of paying twenty percent ( 2 0%) of the maintenance cost of the Roadway. 3. All other terms and conditions of said Declaration and Covenant shall remain unamended. IN WITNESS WHEREOF, the undersigned have executed this Amendment To Declaration Of Private Road And Utility Easements And Covenant For Road Maintenance on the dates indicated next to their respective names. Dated: -------' 1992. Richard F. Kyle Dated: -------' 1992. Kathleen A. Kyle Dated: -------' 1992. Austin H. Evans Dated: , 1992. -------Diane Evans Dated: I 1992. PREMIER BANK, a corporation By: Its By: Its Dated: , 1992. Lee C. Harren Dated: I 1992. Julie M. Harren Dated: -------' 1992. COMERICA MORTGAGE CORPORATION, a ________ , corporation By: ______________ _ Its By: ______________ _ Its 2 Dated: ------' 1992. Dated: -------' 1992. Dated: -------' 1992. Dated: -------' 1992. Dated: -------' 1992. Dated: -------' 1992. NORWEST BANK MINNESOTA, NA fka The Bank Wayzata, a _________ corporation By: _______________ _ Its ------- By: _____________ _ Its ------- FIRST NATIONAL BANK OF WAYZATA, a __________ corporation By: ______________ _ Its ------- By: Its ------- Gary N. Ross Vickie J. Ross FBS MORTGAGE CORPORATION, a _________ corporation By: ______________ _ Its By: ______________ _ Its LANDMARK CONSTRUCTION, INC., a Minnesota corporation By: ______________ _ Its ------- 3 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of----,----' 1992 by Richard F. Kyle and Kathleen A. Kyle, husband and wife. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of---~---' 1992 by Austin H. Evans and Diane Evans, husband and wife. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ____ ) The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and ---:::----------------,---' the _______ and of PREMIER BANK, a banking corporation under the laws of the state of ____________ , on behalf of the corporation. Notary Public 4 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of _______ , 1992 by Lee C. Harren and Julie M. Harren, husband and wife. STATE OF COUNTY OF _____ ) ) ss. _____ ) Notary Public The foregoing instrument was acknowledged before me this day of ______ , 1992, by---------------,,------and ________________ , the _______ and of COMERICA MORTGAGE CORPORATION, a corporation under the laws of the state of _________________ on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ______ , 199 2, by __________________ and the ________ and of NORWEST BANK MINNESOTA, NA, fka The Bank Wayzata, a banking corporation under the laws of the state of on behalf of the corporation. Notary Public 5 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and the ________ and of FIRST NATIONAL BANK OF WAYZATA, a banking corporation under the laws of the state of ____________ on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _______ , 1992 by Gary N. Ross. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _______ , 1992 by Vickie J. Ross. Notary Public 6 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and the ________ and of FBS MORTGAGE CORPORATION, a corporation under the laws of the state of ____________ on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of ______ , 1992, by----------------~-' the of LANDMARK CONSTRUCTION, INC. , a corporation under --------the laws of the state of Minnesota, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: James D. MacKinnon 730 East Lake Street Wayzata, Minnesota 55391 Notary Public 7 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Amendment To Declaration Of Covenants, Conditions And Restrictions amends that certain Declaration Of Covenants, Conditions And Restrictions dated the 9th day of May, 1988, and recorded the 17th day of August, 1988, with the Hennepin County Recorder as Document No. 5444195, and recorded the day of ________ , 19_, with the Hennepin County Registrar of Titles, as Document No. Said Declaration involves property located in Hennepin County, Minnesota, legally described as follows: Lot 1, Block 1; Lots 1 and 2, Block 2; and Outlets A, B, C and D, Bayside Landing. The undersigned individuals and companies who collectively constitute all of the owners and encumbrancers of the land which is subject to the restrictions against Outlot C, Bayside Landing, contained in said Declaration, or are benefitted by said restrictions, hereby agree to amend said Declaration Of Covenants, Conditions And Restrictions as follows: Paragraph 9(c.) is hereby deleted and in its place is substituted the following paragraph: Outlot C shall be used for driveway ingress, egress, drainage, utility and landscaping purposes for the benefit of Lot 1, Block 2, as well as for the benefit of Lot 1, Block 1, Burger's Bayside Second Addition, and for permitted subdivisions thereof, and for no other purpose and ownership of said Outlot C may not be separated from ownership of said Lot 1, Block 2, Bayside Landing, except for an easement to be granted in favor of said Lot 1, Block 1, Burger's Bayside Second Addition. IN WITNESS WHEREOF, the undersigned have executed this Amendment To Declaration Of Covenants, Conditions And Restrictions on the dates indicated next to their respective names. Dated: -------' 1992. Richard F. Kyle Dated: I 1992. -------Kathleen A. Kyle Dated: I 1992. -------Austin H. Evans Dated: -------' 1992. Diane Evans Dated: I 1992. PREMIER BANK, a corporation By: Its By: Its Dated: I 1992. Lee C. Harren Dated: ' 1992. Julie M. Harren Dated: I 1992. -------COMERICA MORTGAGE CORPORATION, a ________ , corporation By: ______________ _ Its By: ______________ _ Its 2 Dated: ______ , 1992. Dated: -------' 1992. Dated: I 1992. ------- Dated: -------' 1992. Dated: -------' 1992. NORWEST BANK MINNESOTA, NA fka The Bank Wayzata, a _________ corporation By: _____________ _ Its ------- By: _____________ _ Its ------- FIRST NATIONAL BANK OF WAYZATA, a __________ corporation By: __ ~------------Its ------- By: Its ------- Gary N. Ross Vickie J. Ross FBS MORTGAGE CORPORATION, a _________ corporation By: ______________ _ Its By: ______________ _ Its 3 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of-----,-----' 1992 by Richard F. Kyle and Kathleen A. Kyle, husband and wife. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of _______ , 1992 by Austin H. Evans and Diane Evans, husband and wife. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ____ ) The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and ________________ , the=----=-----and of PREMIER BANK, a banking corporation under the laws of the state of ____________ , on behalf of the corporation. Notary Public 4 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of _______ , 1992 by Lee C. Harren and Julie M. Harren, husband and wife. STATE OF COUNTY OF ___ ) ) ss. ___ ) Notary Public The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and ________________ , the _______ and of COMERICA MORTGAGE CORPORATION, a corporation under the laws of the state of _________________ on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and the ________ and of NORWEST BANK MINNESOTA, NA, fka The Bank Wayzata, a banking corporation under the laws of the state of on behalf of the corporation. Notary Public 5 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and the ________ and of FIRST NATIONAL BANK OF WAYZATA, a banking corporation under the laws of the state of ____________ on behalf of the corporation. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _______ , 1992 by Gary N. Ross. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of _______ , 1992 by Vickie J. Ross. Notary Public 6 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of ______ , 1992, by __________________ and the-----,----and of FBS MORTGAGE CORPORATION, a corporation under the laws of the state of ____________ on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: James D. MacKinnon 730 East Lake Street Wayzata, Minnesota 55391 Notary Public 7 376Z034 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS AGREEMENT is made effective as of the 1st day of February, 1993, by and among the undersigned owners of the parcels of real estate situated in Hennepin County, Minnesota, legally described on Exhibit "A" attached hereto and made a part hereof by reference. The facts on which this Agreement is based are as follows: A. Pursuant to that certain Declaration of Covenants, Conditions and Restrictions, dated May 9, 1988, by and among Betty L. Miner, single, individually and as Personal Representative of the Estate of Andrew E. Miner, Landmark Construction, Inc., a Minnesota corporation, Richard F. Kyle and Kathleen A. Kyle, husband and wife, and Builders Development & Finance, Inc., a Minnesota corporation, filed for record in the office of the County Recorder in and for Hennepin County, Minnesota on August 17, 1988 and recorded as Document No. 5444195, and filed for record in the office of the Registrar of Titles in and for Hennepin County, Minnesota on August 15, 1988 and recorded as Document No. 1951786 (the "Declaration"), the three residential lots and the four outlets in the plat of Bayside Landing, Hennepin County, Minnesota, and the other, unplatted real property included in the description of Parcel 5 on Exhibit "A" attached hereto, were subjected to certain covenants, conditions, restrictions and easements, as set forth in the Declaration. B. Pursuant to paragraph 8 of the Declaration, the covenants, conditions, prohibitions and reservations contained in paragraphs 1 through 7 of the Declaration may be amended by an amendment executed by Landmark Construction, Inc. or its assigns and the owners representing 75% ( 100% unti 1 there are more than three lots) of the lots subject to the Declaration; and pursuant to paragraph 9 of the Declaration, the restrictions therein contained on the outlets in said plat of Bayside Landing may be amended by all parties having a recorded interest therein, with the concurrence of governmental agencies having jurisdiction. C. Landmark Drive Homeowners Association, non-profit corporation, holds the rights granted Construction, Inc. under the Declaration. a Minnesota to Landmark D. The owners of Lot 1, Block 1, Bayside Landing, have caused the same to be subdivided and replatted as Lots 1 and 2, Block 1, Bayside Landing Second Addition. E. The owner of Lot 1, Block 1, Burger's Bayside, Hennepin County, Minnesota, has subdivided or is in the process of subdividing said real property and replatting the same as Lots 1 and 2, Block 1, Burger's Bayside Second Addition, 376Z034 Hennepin County, Minnesota; has acquired or is in the process of acquiring from the owner of Lot 1, Block 2, and Outlot C, Bayside Landing, an easement for driveway purposes over said Lot 1, Block 2, for the benefit of Lot 1, Block 1, Burger's Bayside Second Addition; and wishes to obtain the benefits of the Declaration for, and subject to' the burdens of the Declaration, said Lot 1, Block 1, Burger's Bayside Second Addition. F. In order to · aid in administering the terms of the Declaration and a related declaration relating to the private road on Outlot D, Bayside Landing, the owners of the lots subject to the Declaration have caused to be formed a Minnesota non-profit corporation known as Landmark Drive Homeowners Association. G. The undersigned owners of the real property described on the signature pages attached to this Agreement wish to amend the Declaration and to set forth in writing the terms of their agreement with respect to the foregoing. NOW, THEREFORE, in consideration of the facts stated above and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the undersigned, the undersigned hereby agree as follows. L The Declaration is hereby amended to substitute the term "Lot" in lieu of the term "lot," and the term "Associati0n" in lieu of the term "Landmark Construction, Inc.," throughout the Declaration. 2. Paragraph 1 of the Declaration is hereby amended to read as follows: 1. Land Use and Bui ldinq Type. Each of the Lots shall be used and occupied solely as private, detached, one-family residences. Each dwelling built or to be built upon any Lot shall be built with a garage designed to accommodate a minimum of two (2) automobiles. Plans for all present or future construction or remodeling of or additions to such dwellings shall be submitted for approval as provided in paragraph 2 below. 3. Paragraphs 4 and 5 of the Declaration shall apply only to the Lots, and not to any of the Outlots. 4. Paragraph 7 of the Declaration is hereby amended to read as follows: 7. Easements. Easements are reserved for installation and maintenance of utilities as shown on each recorded plat which includes -2- 376Z034 any Lot or Outlot, unless and until any such easement is duly vacated by the City of Orono, Minnesota. 5. Paragraph 8 of the Declaration is hereby amended to read as follows: 8. Duration. The foregoing covenants, conditions, prohibitions and reservations shall run with the land and be a servitude thereon, and shall be binding and obligatory upon all Owners, encumbrancers and other persons in any way dealing with any of the Lots, and upon their respective heirs, personal representatives, successors and assigns, and shall remain in full force and effect for thirty (30) years from May 9, 1988, and thereafter for successive periods of ten (10) years, unless and until an amendment, executed by the Association or its assigns, and by Owners representing seventy-five percent (75%) of the Lots, shall have been duly recorded in the offices of the Registrar of Titles and (unless all of the Lots, the Outlots and the "Unplatted Parcel" (defined below) are registered property) the County Recorder, in and for Hennepin County, Minnesota. 6. Subparagraph a of Paragraph 9 of the Declaration is hereby amended to read as follows: Out lot A, Bayside Landing, shall be owned by the Owners of Lot l, Block 1, Bayside Landing Second Addition, and Lot 2, Block 2, Bayside Landing, an undivided one-half interest to each, and ownership of said Outlot A may not be separated from the ownership of said Lots. There may be only one dock on said Outlot A, containing no more than four slips. No more than four boats may be moored at said Outlot A at docks or buoys, each of said Lots being entitled to two such slips or buoys. Said Outlot A shall not be used as an accessory parking or storage area, and no structure, except one dock, shall be permitted within the boundaries of said Outlot A. 7. Subparagraph c of Paragraph 9 of the Declaration is hereby amended to read as follows: Out lot C, Bayside Landing, driveway, ingress and utility and landscaping exclusive benefit of Lot -3- shall be used for egress, drainage, purposes, for the l, Block 2, Bayside 376Z034 Landing, and Lot 1, Block 1, Burger's Bayside Second Addition, and any permitted subdivisions thereof, and for no other purpose; and ownership of said Outlot C may not be separated from ownership of said Lot 1, Block 2, Bayside Landing. 8. Subparagraph d of Paragraph 9 of the Declaration is hereby amended to read as follows: Out lot D, Bayside Landing, shall be owned by the Association and used for driveway ingress and egress, drainage and utility purposes, for the exclusive benefit of (i) the parcel of real property described in subparagraph 9b above ( the "Unplatted Parcel"); (ii) each Lot except Lot 2, Block 1, Bayside Landing Second Addition (the "Separate Access Lot"); and (iii) any permitted subdivision of the Unplatted Parcel or of any Lot other than the Separate Access Lot; and for no other purpose. 9. The final grammatical paragraph of Paragraph 9 of the Declaration is hereby amended to read as follows: The restrictions on the Out lots contained in this Paragraph 9 shall be perpetual unless and until amended by all parties who have a recorded interest in the affected Out lot, with the concurrence of any governmental agencies having jurisdiction. No person shall be deemed to have a recorded interest in Outlot D, Bayside Landing, solely as a result of such person having an interest in the Separate Access Lot. 10. The Declaration is hereby amended by adding thereto the following Paragraph 12: 12. Definitions. The following terms shall have the meanings set forth below whenever used in this Declaration: a. "Association" shall mean and refer to Landmark Drive Homeowners Association, a Minnesota non-profit corporation, its successors and assigns. b. "Lot" shall mean and refer to any one of the following described parcels of real estate situated in Hennepin County, Minnesota: -4- 376Z034 (i) Lot 1, Block 1, Bayside Landing Second Addition; (ii) Lot 2, Block 1, Bayside Landing Second Addition (the Separate Access Lot); (iii) Lot 1, Block 2, Bayside Landing; (iv) Lot 2, Block 2, Bayside Landing; and (v) Lot 1, Block 1, Burger's Bayside Second Addition; provided, however, that if any of the above-described Lots hereafter shall be subdivided, each buildable parcel resulting from such subdivision shall be and become a Lot. c. "Outlot" shall mean any one of Outlots A, B, C and D, Bayside Landing, Hennepin County, Minnesota. d. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot; provided, however, that if any Lot is being sold on a contract for deed pursuant to which the purchaser is entitled to possession of the Lot, the contract for deed purchaser, whether one or more persons or entities, shall be considered the "Owner" of the Lot so long as such contract for deed shall remain in effect, provided the Association shall have received a complete and true copy of such contract for deed. The Owner of the Unplatted Parcel (or any buildable parcel resulting from any subdivision of the Unplatted Parcel) for purposes of Paragraph 13 below shall be determined in the same manner as the Owner of any Lot. 11. The Declaration is hereby amended by adding thereto the following Paragraph 13: 13. Association Membership and Voting Rights. Each Owner of a Lot and the Unplatted Parcel or any bui ldable parcel resulting from -5- 376Z034 any subdivision of the Unplatted Parcel, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of each Lot and of the Unplatted Parcel or such portion thereof. Each member of the Association shall be entitled to one vote for each Lot or the Unplatted Parcel or such portion thereof of which such member is the Owner. When more than one person or entity constitutes the Owner, all such persons and entities shall be members of the Association, and each vote for such Lot or Unplatted Parcel or portion thereof shall be exercised as they determine among themselves, but in no event shall more than one vote on any issue before the Association be cast with respect to any Lot or the Unplatted Parcel or such portion thereof. 12. Notwithstanding anything to the contrary contained in this Agreement, if this Agreement is recorded before the recording of the plat of Burger's Bayside Second Addition, the Lot described herein as Lot 1, Block 1, Burger's Bayside Second Addition shall be deemed to be Lot 1, Block 1, Burger's Bayside, Hennepin County, Minnesota, unless and until the plat of said Burger's Bayside Second Addition is duly recorded in the office of tpe County Recorder in and for Hennepin County, Minnesota. 13. Each of the undersigned agrees that, if the consent or joinder of any governmental agency or mortgagee or other lien holder is deemed necessary or appropriate in order to render this Agreement binding and fully enforceable, such person shall use reasonable efforts to obtain such consent or joinder from any such governmental agency and from any mortgagee or other lien holder whose mortgage or other lien is an encumbrance on the real estate owned by such person. 14. Except as expressly amended· hereby, the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, the Owners of Lots, Out lots and the Unplatted Parcel whose signatures appear on the attached signature pages, have duly executed this Agreement, effective for all purposes as of the day and year first above written. THIS INSTRUMENT DRAFTED BY: MOSS & BARNETT (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612) 347-0300 -6- 376Z034 PARCEL 1 Lot 1, Block 1, Bayside Landing Second Addition, and an undivided one-half interest in Outlot A, Bayside Landing. PARCEL 2 Lot 2, Block 2, Bayside Landing Second Addition. Austin H. Evans Diane Evans STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by Austin H. Evans and Diane Evans, husband and wife. Notary Public S -1 376Z034 PARCEL 3 Lot 1, Block 2 and Outlot C, Bayside Landing. Vickie J. Ross STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) The foregoing Notary Public, on single person. Notary Public instrument was acknowledged before me, February __ , 1993, by Vickie J. Ross, S -2 a a 376Z034 PARCEL 4 Lot 2, Block 2, and an undivided one-half interest in Outlot A, Bayside Landing. Lee C. Harren Julie M. Harren STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by Lee C. Harren and Julie M. Harren, husband and wife. Notary Public S -3 376Z034 PARCEL 5 Outlet B, Bayside Landing; and That part of the South 200 feet of Lot 53, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying Westerly of a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said lot; thence West along the South line of said lot a distance of 300 feet to the point of beginning of said "Line A"; thence deflecting right 85 degrees to the North line of said South 200 feet, and there ending; together with an easement over the South 16.5 feet of that part of said lot lying Easterly of said "Line A"; and together with an easement over that part of Lot 51, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying South of Lot 52 in said Auditor's Subdivision Number 203, and the South line of said Lot 52 extended East to the Westerly line of County Road No. 84; and That part of the North 488. 00 feet of the South 688. 00 feet of said Lot 53 lying westerly of the following described line: Commencing at the terminus of said "Line A"; thence North parallel with the east line of said Lot to the North line of said South 688.00 feet and said line there ending. Betty L. Miner STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing Notary Public, on single person. Notary Public instrument was February __ , S -4 acknowledged before me, 1993, by Betty L. Miner, a a 376Z034 Richard F. Kyle Kathleen A. Kyle STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by Richard F. Kyle and Kathleen A. Kyle, husband and wife. Notary Public S -4a 376Z034 PARCEL 6 Outlet D, Bayside Landing. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN) LANDMARK DRIVE HOMEOWNERS ASSOCIATION By: Its: ____________ _ The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by ____________ _ ________________ , the of Landmark Drive Homeowners Association, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public S -5 376Z034 PARCEL 7 Lot 1, Block 1, Burger's Bayside Second Addition. (or Lot 1, Block 1, Burger's Bayside; see Paragraph 12.) John Burger Mary Jane Burger STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was Notary Public, on February __ , Mary Jane Burger, husband and wife. Notary Public S -6 acknowledged before me, a 1993, by John Burger and 376Z034 EXHIBIT A PARCEL 1 Lot 1, Block 1, Bayside Landing Second Addition, and an undivided one-half interest in Outlet A, Bayside Landing. PARCEL 2 Lot 2, Block 1, Bayside Landing Second Addition. PARCEL 3 Lot 1, Block 2 and Outlet C, Bayside Landing. PARCEL 4 Lot 2, Block 2 and an undivided one-half interest in Outlet A, Bayside Landing. PARCEL 5 Outlet B, Bayside Landing; and That part of the South 200 feet of Lot 53, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying Westerly of a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said lot; thence West along the South line of said lot a distance of 300 feet to the point of beginning of said "Line A"; thence deflecting right 85 degrees to the North line of said South 200 feet, and there ending; together with an easement over the South 16.5 feet of that part of said lot lying Easterly of said "Line A"; and together with an easement over that part of Lot 51, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying South of Lot 52 in said Auditor's Subdivision Number 203, and the South line of said Lot 52 extended East to the Westerly line of County Road No. 84; and That part of the North 488. 00 feet of the South 688. 00 feet of said Lot 53 lying westerly of the following described line: Commencing at the terminus of said "Line A"; thence North parallel with the east line of said Lot to the North line of said South 688.00 feet and said line there ending. PARCEL 6 Outlet D, Bayside Landing. PARCEL 7 Lot 1, Block 1, Burger's Bayside Second Addition. (or Lot 1, Block 1, Burger's Bayside; see Paragraph 12.} 377Z034 THIS AGREEMENT February, 1993, by AMENDMENT TO DECLARATION is made effective as of and among the undersigned the 1st day of owners of the parcels of real estate situated in Hennepin County, Minnesota, legally described on Exhibit "A" attached hereto and made a part hereof by reference. The facts on which this Agreement is based are as follows: A. Pursuant to that certain Declaration of Private Road and Utility Easements and Covenant for Road Maintenance, dated May 9, 1988, made by Betty L. Miner, single, individually and as Personal Representative of the Estate of Andrew E. Miner, Landmark Construction, Inc., a Minnesota corporation, Richard F. Kyle and Kathleen A. Kyle, husband and wife, and Builders Development & Finance, Inc., a Minnesota corporation, filed for record in the office of the County Recorder in and for Hennepin County, Minnesota on August 17, 1988 and recorded as Document No. 5444194, and filed for record in the office of the Registrar of Titles in and for Hennepin County, Minnesota on August 15, 1988 and recorded as Document No. 1951785 (the "Road Declaration"), an easement for driveway, ingress, egress, drainage and utility purposes was created over, under and across Out lot D, Bayside Landing, Hennepin County, Minnesota, for the exclusive benefit of certain parcels of real estate situated in Hennepin County, Minnesota, described in the Road Declaration. B. Pursuant to Paragraph 12 of the Road Declaration, the Road Declaration may be amended by the owners representing seventy-five percent (75%) of the lots which are subject to the Road Declaration. 377Z034 C. The owners of Lot l, Hennepin County, Minnesota, have subdivided and replatted as Lots Landing Second Addition. Block l, caused l and 2, Bayside the same Block l, Landing, to be Bayside D. The owner of Lot l, Block l, Burger's Bayside, Hennepin County, Minnesota, has subdivided or is in the process of subdividing said real property and replatting the same as Lots l and 2, Block l, Burger's Bayside Second Addition, Hennepin County, Minnesota; has acquired or is in the process of acquiring, from the owner of Lot l, Block 2 and Out lot C, Bayside Landing, an easement for driveway purposes over said Lot l, Block 2, for the benefit of Lot l, Block l, Burger's Bayside Second Addition; and wishes to obtain the benefits of the Road Declaration for, and subject to the burdens of the Road Declaration, said Lot l, Block l, Burger's Bayside Second Addition. E. In order to administer the terms of the Road Declaration and a related declaration, the owners of the lots subject to the Road Declaration have caused to be formed a Minnesota non-profit corporation known as Landmark Drive Homeowners Association. F. The parties to this Agreement, being the owners of at least seventy-five percent (75%) of the lots which are subject to the Road Declaration, wish to amend the Road Declaration and to set forth in writing the terms of their agreement with respect to the foregoing. -2- 377Z034 NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the undersigned, the parties hereby agree as follows. 1. Paragraph 1 of the Road Declaration is hereby amended by adding, at the beginning of said Paragraph 1, the following definitions: "Association" shall mean and refer to Landmark Drive Homeowners Association, a Minnesota non-profit corporation, its successors and assigns. "Lot" shall mean and refer to any one of the following described parcels of real estate situated in Hennepin County, Minnesota: (i) Lot 1, Block 1, Bayside Landing Second Addition; (ii) Lot 1, Block 2, Bayside Landing; (iii) Lot 2, Block 2, Bayside Landing; (iv) Lot 1, Block 1, Burger's Bayside Second Addition; and (v) That part of the South 200 feet of Lot 53, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying Westerly of a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said lot; thence West along the South line of said lot a distance of 300 feet to the point of beginning of said "Line A"; thence deflecting right 85 degrees to the North line of said South 200 feet, and there ending; together with an easement over the South 16.5 feet of that part of said lot lying Easterly of said "Line A"; and together with an easement over that part of Lot 51, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying South of Lot 52 in said Audi tor's Subdivision Number 203, and the South line of said Lot 52 extended East to the Westerly line of County Road No. 84; and -3- 377Z034 That part of the North 488.00 feet of the South 688. 00 feet of said Lot 53 lying westerly of the following described line: Commencing at the terminus of said "Line A"; thence North parallel with the east line of said Lot to the North line of said South 688. 00 feet and said line there ending; provided, however, identity of Lots Paragraph 11 below. that the may change number pursuant and to 2. The definition of the term "Owner," in Paragraph 1 of the Road Declaration, is hereby amended to read as follows: 3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot; provided, however, that if any Lot is being sold on a contract for deed pursuant to which the purchaser is entitled to possession of the Lot, the contract for deed purchaser, whether one or more persons or entities, shall be considered the "Owner" of the Lot so long as such contract for deed shall remain in effect, provided the Association shall have received a complete and true copy of such contract for deed. The definition of the term "Maintenance," in Paragraph 1 of the Road Declaration, is hereby amended to read as follows: "Maintenance" shall mean and refer to snowplowing, salting and sanding, sweeping, sealcoating, asphalt patching, asphalt replacement, shoulder grading, shoulder weed control, and such additional ordinary and necessary maintenance as the Owners of a majority of the Lots shall deem appropriate from time to time for the purpose of providing a good, safe, freely travelable and well-maintained road on the Roadway. 4. Paragraph 1 of the Road Declaration is hereby amended by deleting the definition of the term "Properties". -4- 377Z034 5. Paragraph 2 of the Road Declaration is hereby amended to read as follows: Each Lot shall be owned and conveyed subject to and together with the non-exclusive easements and covenants set forth below, and each present and future Owner, by acceptance of a deed the ref or, whether or not it shall be so expressed in such deed, shall be and is hereby deemed to covenant, with the present and future Owners of all other Lots, that such Owner promptly shall pay when due his, her or its proportionate share of the cost of Maintenance as hereinafter provided. 6. Paragraph 3 of the Road Declaration is hereby amended to read as follows: Each Lot shall be benefitted by a non-exclusive easement for driveway ingress and egress and underground utility purposes over Outlot D, Bayside Landing, which easement shall be perpetual and appurtenant to each Lot. 7. Paragraph 4 of the Road Declaration is hereby amended to read as follows: Each Lot shall be charged with the responsibility of paying twenty percent (20%) of the cost of Maintenance of the Road, subject to adjustment as provided in Paragraph 11 below. 8. Paragraph 5 of the Road Declaration is hereby amended to read as follows: Each Owner shall be personally, jointly and severally liable to pay that part of the cost of Maintenance of the Road which is attributable to his, her, their or its Lot. Each Owner's share of such cost shall be due and payable on the date specified by the Association in a notice to each Owner, and in any event not later than the date such costs are due and payable to the person or entity providing the labor or materials for such Maintenance. Each Owner's share of such Maintenance costs -5- 377Z034 shall bear interest from the due date thereof at the rate of eight percent (8%) per annum. The Association, or any non-defaulting Owner on behalf of the Association, may bring an action to collect a defaulting Owner's share of such Maintenance cost, plus interest thereon as herein provided, and the Association or such non-defaulting Owner shall be entitled in such sui~ to recover such reasonable attorney's fees as the court may allow, and all necessary costs and disbursements incurred in connection therewith. Any judgment entered against an Owner pursuant to this Declaration shall be a specific lien on that Owner's interest in any of the Lots from the date of docketing of such judgment. 9. Paragraph 10 of the. Road Declaration is hereby amended to read as follows: The Road shall be used strictly in accordance with the easements granted herein. No Owner shall obstruct or interfere in any way with the rights and privileges of others in the Road, and nothing shall be planted, altered, constructed upon or removed by any Owner from the Road, without the express written consent of the Owners of a majority of the Lots. If any Owner shall violate this Paragraph 10, the Association or any non-defaulting Owner shall have the right to restore the Road to its prior condition and to assess the cost of such restoration against the Owner who violated this Paragraph 10, and such assessment shall be immediately due and payable on demand. Collection of any such assessment shall be made pursuant to Paragraphs 5 and 6 above. If any Owner interferes with the rights and privileges of any other Owner in the use of the Road, the Association or such other Owner shall be entitled to an injunction against such interference in any action brought by the Association or such Owner, and the prevailing party in such action shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. -6- 377Z034 10. Paragraph 11 of the Road Declaration is hereby amended to read as follows: In the event any Lot is subdivided to provide for additional lots on which houses may be constructed, each such new lot shall become a Lot and sha 11 be subject to and benefitted by this Declaration, with the following amendments: (a) The percentage share of each Owner in Maintenance costs as set forth in paragraph 4 above shall be amended to equal one hundred percent (100%) divided by the number of Lots after such subdivision; and (b) The percentage of Owners required to amend this Declaration pursuant to paragraph 12 below shall equal one fewer than the number of Lots after such subdivision, unless and until the number of Lots equals or exceeds ten, at which time such amendment shall require the assent of Owners of eighty percent (80%) of the Lots. Notwithstanding the foregoing, if any such subdivision results in one or more buildable parcels which, pursuant to the requirements of the City of Orono or by law or contract, is not entitled to use the Road, such parcel shall not be considered a Lot under this Declaration. 11. Notwithstanding anything to the contrary contained in this Agreement, if this Agreement is recorded before the recording of the plat of Burger's Bayside Second Addition, the Lot described herein as Lot 1, Block 1, Burger's Bayside Second Addition shall be deemed to be Lot 1, Block 1, Burger"s Bayside, Hennepin County, Minnesota, unless and until the plat of said Burger's Bayside Second Addition is duly recorded in the office of the County Recorder, and/or filed for record in the Off ice of the Registrar of Titles, in and for Hennepin County, Minnesota. -7- 377Z034 12. Each of the undersigned agrees that, if the consent or joinder of any governmental agancy or mortgagee or other lien holder is deemed necessary or appropriate in order to render this Agreement binding and fully enforceable, -such person shall use reasonable efforts to obtain such consent or joinder from any such governmental agency and from any mortgagee or other lien holder whose mortgage or other lien is an encumbrance on the real estate owned by such person. 13. Lot 2, Block 1, Bayside Landing Second Addition, Hennepin County, Minnesota, sha 11 cease to be subject to, and shall no longer be entitled to the benefits of, the Road Declaration; and the Registrar of Titles is hereby authorized to delete the memorial of this Agreement and the Road Declaration from all future Certificates of Title for said Lot 2, Block 1, Bayside Landing Second Addition. 14. Except as expressly amended hereby, the Road Declaration shall remain in full force and effect. IN WITNESS WHEREOF, the persons whose signatures appear on the attached signature pages have duly executed this Agreement effective for all purposes as of the day and year first above written. THIS INSTRUMENT DRAFTED BY: MOSS & BARNETT (JLW) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612) 347-0300 -8- 377Z034 PARCEL 1 Lot 1, Block 1, Bayside Landing Second Addition, and an undivided one-half interest in Outlot A, Bayside Landing. PARCEL 2 Lot 2, Block 2, Bayside Landing Second Addition. Austin H. Evans Diane Evans STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by Austin H. Evans and Diane Evans, husband and wife. Notary Public S -1 377Z034 PARCEL 3 Lot 1, Block 2 and Outlet C, Bayside Landing. Vickie J. Ross STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) The foregoing Notary Public, on single person. Notary Public instrument was acknowledged before me, February __ , 1993, by Vickie J. Ross, S -2 a a 377Z034 PARCEL 4 Lot 2, Block 2, and an undivided one-half interest in Outlet A, Bayside Landing. Lee c. Harren Julie M. Harren STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by Lee C. Harren and Julie M. Harren, husband and wife. Notary Public S -3 377Z034 PARCEL 5 Outlet B, Bayside Landing; and That part of the South 200 feet of Lot 53, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying Westerly of a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said lot; thence West along the South line of said lot a distance of 300 feet to the point of beginning of said "Line A"; thence deflecting right 85 degrees to the North line of said South 200 feet, and there ending; together with an easement over the South 16.5 feet of that part of said lot lying Easterly of said "Line A"; and together with an easement over that part of Lot 51, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying South of Lot 52 in said Auditor's Subdivision Number 203, and the South line of said Lot 52 extended East to the Westerly line of County Road No. 84; and That part of the North 488. 00 feet of the South 688. 00 feet of said Lot 53 lying westerly of the following described line: Commencing at the terminus of said "Line A"; thence North parallel with the east line of said Lot to the North line of said South 688.00 feet and said line there ending. Betty L. Miner STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) The foregoing Notary Public, on single person. Notary Public instrument was February __ , S -4 acknowledged before me, 1993, by Betty L. Miner, a a 377Z034 Richard F. Kyle Kathleen A. Kyle STATE OF MINNESOTA ) ) ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by Richard F. Kyle and Kathleen A. Kyle, husband and wife. Notary Public S -4a 377Z034 PARCEL 6 Lot 1, Block 1, Burger's Bayside Second Addition. (or Lot 1, Block 1, Burger's Bayside; see Paragraph 12.) John Burger Mary Jane Burger STATE OF MINNESOTA ) COUNTY OF ) ss. ______ } The foregoing instrument was Notary Public, on February __ , Mary Jane Burger, husband and wife. Notary Public S -5 acknowledged before me, a 1993, by John Burger and 377Z034 PARCEL 7 Outlot D, Bayside Landing. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN) LANDMARK DRIVE HOMEOWNERS ASSOCIATION By: Its: ____________ _ The foregoing instrument was acknowledged before me, a Notary Public, on February __ , 1993, by ________________ , the of Landmark Drive Homeowners Association, a Minnesota non-profit corporation, on behalf of the corporation. Notary Public S -6 377Z034 EXHIBIT A PARCEL 1 Lot 1, Block 1, Bayside Landing Second Addition, and an undivided one-half interest in Outlot A, Bayside Landing. PARCEL 2 Lot 2, Block 1, Bayside Landing Second Addition. PARCEL 3 Lot 1, Block 2 and Outlot C, Bayside Landing. PARCEL 4 Lot 2, Block 2 and an undivided one-half interest in Outlot A, Bayside Landing. PARCEL 5 Outlot B, Bayside Landing; and That part of the South 200 feet of Lot 53, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying Westerly of a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said lot; thence West along the South line of said lot a distance of 300 feet to the point of beginning of said "Line A"; thence deflecting right 85 degrees to the North line of said South 200 feet, and there ending; together with an easement over the South 16.5 feet of that part of said lot lying Easterly of said "Line A"; and together with an easement over that part of Lot 51, Auditor's Subdivision Number 203, Hennepin County, Minnesota, lying South of Lot 52 in said Auditor"s Subdivision Number 203, and the South line of said Lot 52 extended East to the Westerly line of County Road No. 84; and That part of the North 488. 00 feet of the South 688. 00 feet of said Lot 53 lying westerly of the following described line: Commencing at the terminus of said "Line A"; thence North parallel with the east line of said Lot to the North line of said South 688.00 feet and said line there ending. PARCEL 6 Lot 1, Block 1, Burger's Bayside Second Addition. (or Lot 1, Block 1, Burger's Bayside; see Paragraph 12.) PARCEL 7 Outlot D, Bayside Landing. ---i CIT"1\.,T --f O~D ,o-,TO -..1. 0 I~\_ll .l_~V Pos t Office Bo x 66 • Crysta l Bay, M i nnesola 55.123 • Municipal Offices On. the No r t h Sh o re o f Lak e M in n ,, 'o n.kc TO: Orono Zoning Department FR OM: Rolf Erickson, City Assessor DATE: ~-23-92 RE : Pa rk dedic a tion fe e o f: cJ l ; 0 5 ~Ii J-2 ) -L l -0 015 PC{v-+ of OS-i/7-2J-2l-DOoL / . I 0,&> Acr e s @ 7 DO O = i/ ~ 2 0 0 ------___ ,__ ____ ---~------- 10 -j / l , l f:A sz ~ n e,') +-Co rv s 1 c.::.Q re o I bU r-n rs-s BUILDING & ZO N ING -473-7357 ASSESSING h o e. {-{-e c t-ay, U ~ o_A7 0-V- R 1) St1(~w- ADMINISTRATION & FINANCE -4 7 3-7358 • PUBLIC WORKS -47 3-7359 TO: John Gerhardson, Public Works Director FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: July 8, 1992 SUBJECT: Application #1734 John Burger -Preliminary Subdivision Enclosed is a copy of the park dedication fee report by Rolf Erickson. At the June 2nd meeting of the Park Commission, it was determined that they would also obtain a bike easement over the 10' drainage and utility easement that would be adjacent to Bayside Road. The park dedication fee at an .08% value is determined at $3,696.00. Upon the resolve of the value of the bike easement and how that value is to be determined, please advise me as soon as the adjusted amount has been determined so that the applicant can be informed. ch CITY of ORONO Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices On the North Shore of Lake Minnetonka TO: Orono Zoning Department FROM: Rolf Erickson, City Assessor DATE: ~-23-92 RE: Park dedication fee of: 0 5 ~ I r 7-2 ) -2. l -00 I 5 ( OS-lr7 -z 3 -21-oooL Acres @ 7 1 0 0 0 = '-/ {, '2 D 0 ------___ .,_ ______ ---~------- BUILDING & ZONING -473-7357 ASSESSING • ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359 FROM POPHAM HAIK MPLS 133 5.12.1992 14: 18 F'. 2 POPHAM HAIK SCI-INOl!l~IC!-1 11 KAUFMAN, LTD. U.S. OP'r.lCE'll: SUITE 3300 222 SOUTH NINTH EITIH!.ltT MINNl?.APOLIII. MINNESOTA IHl402 TIH, Sl2-333-4B00 I.J!.1 PZIO. CIR~MANY Tl!.L 011 S7,41,,4Q\B,4,1 MIAMI, FL.0!\IOA VIA FACSIMILE FhX e12.-3~4-8888 THOMA• .J, ISAKlt1n·,•, 11!:•r.t• DIAi.CT DIAL (812) lUt4-aa7a May 12, 1992 ORIGINAL TO FOLLOW BY MAIL Jeanne A. Mabusth Building an~ Zoning Administrator City of Orono Municipal Offices P.O. Box 66 Crystal Bay, MN 55323-006 Re: Application No. 1734 -John and Mary Burger 3750 Bayside Road -Preliminary Subdivision Application Dear Jeanne: In response to your letter of May 1, 1992 with respect to the application noted above, I point out that Orono Ordinance 601 subd, 2 specifically allows the City to regulate private roads by allowing access over them to other persons who could reasonably be expected to use the road to get to their home and to their invitees. As I understand it the potential intensification of the use is probably limited to one or two homes which may use the private road in question in order to achieve access. The alternative access which has been discussed with respect to subdivision would require, as you point out in your letter, a long and lengthy roadway through a designated wetland. I also understand that we can look forward to the new users agreements to share. in their prorata costs of the maintenance 0£ the road. Thus, I conclude that the proposed use of Landmark Drive is reasonable under the circumstances and consistent with both our ordinance and other applicable law. May 12, 1992 Les Weigelt CITY of ORONO Municipal Offices Post Office Box 66 CrystaIBa~MinnesomS~~ Hennepin County Highway Department 320 Washington Avenue Hopkins, MN 55343 Re: #1734 John Burger -3750 Bayside Road -Preliminary Subdivision Dear Les: The above referenced preliminary subdivision application wil 1 be reviewed by the Orono Planning Commission at their May 18th, 1992 meeting. We would appreciate your review comments at your earliest convenience, realizing the late date this plan is being submitted to your office for review, I will call you sometime prior to the Planning Commission meeting for your preliminary comments. Please let me know if you need additional information. Sincerely, Jeanne A. Mabusth, Building & Zoning Department JAM/jlb TELEPHONE-473-7357 • FAX-473-0510 CITY OF ORONO -NOTIC,E The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Monday, May 18, 1992 to review the following subdivision applications: -· 1. 7:00 p.m. Joan Sweetser proposes a two-lot residential subdivision ol the property located at 845 Old· Long Lake Road ( lication #1732) · • 2. ·1:30 p.m. John Burger proposes a a-lot residential subdivision of the property located at 3750 Bayside Road. (Application #1734) ; . All persons wishing to .be heard will appear at the specified times. Written comments are solicited. Plans are available for review in the City offices, by appointment · City of Orono By: Planning Commission · • · . Jeanne A. Mabusth, Building & Zoning Administrator (Published in The Laker and Pioneer May 4, 1992) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. which is attached was cut from the columns of said newspaper, and was pr)nted and published once each week for ______ / ____ successive weeks: It was first:Jiublished Monr1y, JV 11 q the _,_ day of (//0// 19d, and was thereafter printed i~hd published every Monday, to and including Monday, the __ day of KRISTI HOLM NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY My commission expires 7-10-97 19_; ized Agent Notary Public Rate Information (1) Lowest classified rate paid by commercial users for compar- able space: $10.76 per inch. (2) Maximum rate allowed by law for above matter: $10.76. (3) Rate actually charged for above matter: $5.84 per inch. Each additional successive week: $4.02. CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Linda Vee of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of Jl734 John Burger's application was mailed to the certified list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 29th day of April, 1992. CITY OF ORONO ~,NOTICE The Planning Commission will hold Public Hearings in the Council Chambers at 1275 South Brown Road on Monday, May 18, 1992 to review the following subdivision applications: 1. 7:00 p.m. 2. 7:30 p.m. Joan Sweetser proposes a two-lot residential subdivision of the property located at 845 Old Long Lake Road. {Application #1732} John Burger proposes a two-lot residential subdivision of the property located at 3750 Bayside Road. {Application #1734} All persons wishing to be heard will appear at the specified times. Written comments are solicited. Plans are available for review in the City offices, by appointment. City of Orono By: Planning Commission £_ Jea To be published the week of May 4, 1992. CITY of ORONO Municipal Offices Post Office Box 66 Crystal Bay, Minnesota 55323-0066 DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your zoning request with the City of Orono or any of its departments may require you to furnish certain private or confidential information. First You are notified that: 1. The information you furnish will be used to determine your qualifications for approval. 2. You may refuse to supply data, but refusal may require that the City deny the request. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the request. 4. If your request requires Council action to approve, some information may become public. 5. You have certain rights under M.S. 15.165 to review private data on yourself. 6. Your full name is required to process this application. Middle Last Address City State Zip ;./73 -~s9' Phone I understand my rights as stated above. TELEPHONE -473-7357 • FA.X -473-0510 ,_.::,._,.,-.....,.~n,. r·-----------·~---_ .. -· ... ~-------------------------·a.,--@-c==-··------- . --~d •, \ ' . ""·" ----<t ,. · """" ' ---7!6.6<f "', ., ' '·F- o h• ' • j ' -·K.,,.-.; ~ ,, f; --. -----/ .. »uo ' . :t -----:\ ----( -~Alley ~ !._ \ \,. 4{1,.._ l' ---• m "• .Str~ '? ~ O Z • :;;co O /Vo. ;;,~ ~ "" ~ •I O> .,~ -v._, <,' ,- L.I r.: L. l _ /~\ f ~ t) ~J G ; . "., ,,_ '•; O !:m : Oiji I' ~ """ ' •"a f -· , ., «0.00 -It· ,.:14.00 < • '-. \C ' I .,~,,« -----• v· .., «'IS! "':a: : -----CtJ cl .,.,I:' ' ·--. ' ' , "t ' ·----.... • ! , ,, •,}\ I ,_,,. . •' I ,, . "· . . .· • '\;_ I ·-.. ·, •/.:. '• '" ' \ I:[> • ~ -'t,.~ ;-J -~ jp-.. , / ,- ' . "' .. ID • '\ , ... ,_; ~ ' ~, :,,i; ..,. 0 \ " •·•··•• , ' '.. . 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Crun~rg Minn..'Wt.l OOnw Numbtr 1ms i,L_..c::==i:==i:-------'-------- BURGERS BAYSIDE SECOND ADDITION PROPOSED SUBDIVISION FOR JOHN BURGER OF LOT 1. BLOCK 1, BURGER'S BAYSIDI OT 50, AUD. SUB. NO. 203, & LOTS 15 & 16, BLOCK 5, F v "-VIEW PARK HENNEPIN COUNTY, MESQsOTA 54-.00·- ~f I f ~, '', !! _.:'-~ (./:: .. / i 7/!. I = ,/ ~:~.-:~~; :~) [;_ r----------- PROPOSED SUBDIVISION FOR JOHN BURGER :« ~ ·"' .. ·' .. t ., V\ OF LOT \ BLOCK 1. BURGER'S BAYSIDE. LOT 50, AUD. SUB. NO. 2031 & LOTS 15 & 10. BLOCK 5. BAY V1EW PARK HENNEPIN COUNTY, MINNESOTA R ~ '.i ~ t " 0 : irof\-.-kf" t:l,.t-: tne.41\ ~ 4,,,.J 8,ce1,in,5-,hown a1t. bd..:.J vp0<1 an 11._.,.-d dd+.,m. --11•--ai,;i,t.~'\ ,._.,._.,,. SCALE l"•<;O' SHEET NO. 546175 C6"3'! '1-1 ~ /--~, , ' ~"' I I I I I ._; ... ..,. ~ 4.zztAc. N I;) ~ t ~ ~ ~ I I \ .... .... ~-· ¢' C-1 2, 3 J :! ,,(c roul o.r; !.1, w,r 2, lo! AC. /UY .,, I I -L.. C. 4'1 i Ac. rom. /. 13 !-t,. w.-r S. 1-( ! ,(C. l).f't' r .,.,..,~,, <f°.1- C .... ~ ~ '1-1 ~ ~ '~ --/ "'""'e- ··•· B&. , ----~ SKETCH PLAN FOR JEFF MARTINEAU I>' t,I ... , ,_-·-f Vy ,_. V .J/ /4:J. 05" . -VI V I '••·-- Y' '\ 41 OF LOT 1, BLOCK l, BURGER'S BAYSlDE and LOT 50, AUD. SUB. NO. 203 HENNEPIN COUNTY, MINNESOTA I~"·~. l/ .... _J / ) -------=--·.. .. /g'l ✓;>,: 17 ~·• fc,-.ft/!Y /1}2• J' -. ,C/Pf°> / I .. ' . _....___ B 1:)11:i ~-~; 2 :1'8 f Ac TOT,tL ~ ti) \J. II) (J. 33 !. -IC. WFT /. t"S I .le. £/Ar A z. O] !AC rar,1L 17~3~ t Ac wrr /, pS:t ,4,. ~,< r ~ ~ \I. Iii I " L 1 . I A-:,2S / ~I /'18.5"0 p.:]31~: ;46.'IS \; " L------=z::-:,;;o:::-.-:7:"'.o::------:::::::,- ~ _... ---/74.BS Co. I? 0-4 0 /4/0, 84 I hereby certify that this survey was prepared by me or under my direct super· vision, and that I am a duly registered Civil Engineer and Land Surveyor under the laws of the State of Minnesota. Mark S. Gronberg Minnesota License Number 12755 -J 2.. 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