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HomeMy WebLinkAboutProject PacketReceipt - CITl-Or-ORONO---SUBDIVISION-APPLICATION- ----------- PROPERTr LOCATION ^� I Property Identification Number (P.I.D. ) )� / - 7 1 4 On Please check one - Property abstract or ✓ torrens? Attach legal description to application. --------------------------------------- APPLICANTPhone (home) Name ��/�,tJ �0�,�� Phone (work) • A• v e`X Address: city: (1Zip: ! � --- �l0.A0 � - - - - - - - - - ------------------ --- --- - -� 1! oA ONNER (if different than applicant) Phone (home) `�y,_, 1 ..' rV L\'V1 t1 \f .•. .L �i� Name Phone (work) Address: city: Zip: (attach list if more than one) --------------------------------------------------------------------------- MISTING LAND OSE Number of Tax Parcels Development Size f S� SAcres Dry Land Acres Wet Land Acres Total, all parcels Present Use (check) '� Residential; no. of nits Other (specify) Present Zoning District �� _/•4 ----------------------------------------------------------------- V[001" Division for Tax Purposes Lot Line Rearrangement Oni b `-- ".A; Subdivision for Number of Building Sites: Proposed Gross Density: Minimum Lot Size: Proposed Use: (check) New Building Sites -� Existing Units New Units Total Units Units per Acres Sq Feet Dry Buildable Land Residential Other (specify) r� MINIMK 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. Stamped, legal sized envelopes (#10) pre -addressed to each of the names on the above list with no return address (use address labels obtained with property owners list). 5. 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. S. Developers Agreement and Letter of Credit. Certification by Zoning Department that Final Plat Application is complete. Zoning Official's Signature Date --------------------------------------------------------------------------- liE6 Sketch Plan Review (Class I, II i III) $150.00 Preliminary Review (Class I & II Subdivision) 250.00 Preliminary Review (Class III and all non-residential) 300.00 + 20.00/Lot Final Plat Review (Class III) 150.00* *(Plus any legal or engineering charges) --------------------------------------------------------------------------- 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 additie- fees established by ordinance. 6 Applicant's Signature P \ Date �a' Z 7 Is -le 1 ' owner's Signature �� f r X Date V J Applicant must have all subs6yttals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all 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 authorised agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. VITYof ORONO Post Ofte Bo: 66 • Crystal Bay, Miaossots 55= • Maaicipal Offim On the North Shore of Lake Minnetonka DATA PRIVACY ADVISORY In accordance with M.S. 15.165, "Rights of subjects of data", we would like to inform you that your request for a permit or license from the City of Orono or any of its dt:partments may require you to furnish certain private or confidential inform- ation. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with otter local, state or federal agencies to the extent necessary to process the permit license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certian rights under M.S. 15.165 to review private data on yourself. 6. Your full. name, and date of birth are required to process this application or permit. First V (; q A r� � O Middle �It41-1 s Date o birth (does not apply to building/general permits) r � r Phone I unde t d my rights as stated above. X d�j �• Signa,Ure WIL DIN(: • ZONUV(: — 47 3-713 7 • ADmrd1STttAT10% & FINA.rCt: — 473.7332 • PUBLIC WORKS — 473.1359 k. SF-W%G CITY OF ORONO - NOTICR The Planning Commission will hold a public hearing in the Council Chambers at 1275 South Brown Road on Monday, November 20, 1989 at 7:00 p.m. on the matter of i1475 John McDowell's application for a proposed two lot residential division of the property located at 4105 Bayside Road and a lot line rearrangement of the properties located at 4045 and 4135 Bayside Road. All persons wishing to be heard will appear at this time. The meeting starts at 7:00 PM. Written comments are solicited. Plana are available for review in the City offices by appointment. ty of Orono By: Planning Commission Q A• lip MYO.r.. ing i Zoning Administrator To be published the week of November 6, 1989. CEATIZIGITE OF NAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN CITY OF ORONO ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1475, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 1st day of November, 1989. cil.a� A 'e Jam Bosma -4TV Of 001O010 *OTIC@ T- Plrwmt0 CW—wMrOn wd hold a pubtu fwtarnp in the C0WWd pinttbers at 1275 Saint Of own Road on Monday November 20 'Oft at r 00 p m on the me"or of a147S John WDOWAa a aptpacMton tor a Propo"d two hot r e64m 1 demon or the propenty tocated at 4105 dw'e,de Road and a lot law rearvan0e WARM of tna propatrea located W 4045 and 41361 tratIsMend AN twnadna **V V 10 be hoard w* appear, of On twno TM mooting starts at / 00 p m "an cWrenartta are aofrcaod Prrn are nfetl 00 10, fevrow in the CMy ott,tea by p pontment Coy of Orono % Plretap commaaton .learn A Mebuoth Bud*W • Iontr10 Adrwwatratof I Pubh~ n The Lakef and P"f*V Nov a Iwo i Affidavit of Publication State o1 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.O2, 331 A.O7, and other applicable laws, as amended. 1 B.) The printed which is attached was cut from the columns of said newspaper, and was printed and published once each week for i successive weeks: It was first published Monday, the �" day of l W "", ?l t9V, and was thereafter printed and published every Monday, to and including Monday. the day of t9—r c �•�-• Authorized Agent MAP,!MA A. S T RAU3 _ NOTAR I r`U'.L1a - t ... _.7TA C;,.-.*i:.i CL'.:JTY . �,.. 1.•, Camr...:,.pn L RAAJ �. 17, 11YSti . Subscribed and sworn to me on this �o 3 day of • , 19�1 n By Notary Public Rate Information 0' ( 1 I L OWCSt ctas:.111ed raft' p.vd by cornmerctal w.ers !nr � orvlv,f.r hlo space 90 ©o per tncn (.1 'm;lxln jm rule allowed by law for atwvo matter SA 00 per r-rch note actually 0-0" for abO" ma" 94 ee pot In.h EACH addlliOnM SUCCOSSIVO wAod' S3 24 per Inch 1. Tot Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Fro=: Michael P. Gaffron, Asst Planning 6 Zoning Administrator Date: November 16, 1989 Subjects #1475 John McDowell 6 Charles Hayssen, 4045/4105/4135 Bayside Road - Preliminary Subdivision - Public Hearing Zoning District - LR-lA, Single family Lakeshore residential, unsewered Application - Lot line rearrangement and subdivision to create one additional building site from three existing tax parcels. List of Z:hibits Exhibit A - Application Exhibit B - Plat Map i Area Map Exhibit C - Property Owners List Exhibit D - Proposed Plat Drawings Exhibit E - Survey with Locations of Existing i Propost.1 Houses i Driveways Exhibit F - Survey Noting Proposed Lot Areas Exhibit G - Map of Area Property Ownership Exhibit H - Lir Photo Exhibit I - Letter from Applicant's Attorney Re: Access Exhibit J - Letter to Hayssen dated 7/28/89 Pertinent Facts - 1. This proposed plat accomplishes two purposes: A) Rearrangement of lot line between the Hayssen and McDowell homestead properties. B) The remaining 6+ acre portion of Tract A, RLS #748, is being split into two 3+ acre building sites. 2. Note that, per Exhibit E, Hayssen's pre-existing north lot line is approximately 22' from the house constructed in 1988. The setback approved on the site plan for the building permit for the house indicated a setback of 34'. The property owner later pivoted the house around the northeast corner of the garage and made arrangements with McDowell to purchase an additional piece of property, but this did not come to staff's attention until after the house was finished, per the letter of 7/28/89 (Exhibit J). The roposed subdivision leaves a side setback of approximately 00'. The rearrangement also places Hayssen's septic system completely within his property boundaries, while maintaining the appropriate setbacks. r Zoning rile #1475 November 16, 1989 Page 2 of 4 3. The applicant is proposing a north/south division line to create two building sites. The applicant noted that the ridge line and 1 nt-ation of drainfield sites suggests that the proposed house locations are centrally located within each proposed lot, and that an east/west lot line would result in less functional lots due to the slope of the north half of the lot. In order to provide interior access to Lot 2, applicant proposes a 25' outlot to the proposed "Bayside Ridge Road". Applicant would prefer to serve Lot 2 with a separate driveway from Bayside Road, but it is questionable whether the County will approve an access site on Bayside Road, especially if an alternate access is feasible. Remember that Orono Code requires that all newly created lots be served by interior roads whenever possible. 4. Applicant has provided a 25' corridor for what is shown on the plat as "Bayside Ridge Road". This corridor generally parallels the private driveway that serves four existing residences. Although not shown on the survey, the existing driveway location is west of this outlot, on the Rezabek property (see Exhibit G). Staff would anticipate that an additional 25' outlot could someday be added to the west of this proposed outlot, for private road purposes. 5j,• Primary and alternate drainfield sites have been tested in each of the proposed new lots. The Hayssen property has alternate drainfield sites to the south and west of the le existing system. The McDowell residence at 4105 Bayside Road exceeds 5 acres in area and appears to contain a number of possible drainfield sites. Alternate site testing is not required. All of the sites tested require mound systems. 6. The neighboring property owner to the north and west, Robert. White has challenged the validity of the Easement across his property out to Bayside Road (see Exhibit I). The City Attorney has preliminarily reviewed the concerns and has suggested that, since Minnesota Title insured the access easement on file, it would likely be up to Minnesota Title to take whatever steps are necessary to provide access to the affected properties. The City Attorney advises that any approval of the proposed subdivision be conditioned upon the applicant providing suitable documentation that the access issue has been resolved, prior to filing of the division. Zoning File #1475 November 16, 1989 Page 3 of 4 Mr. White has indicated verbally to City staff that he does not intend to cooperate in validating the existing easement, and would prefer that the new parcels in addition to existing residences at 4135 and 4165 be served through some other corridor. If the applicant ultimately fails to gain access over the existing driveway, a revised subdivision would likely have to be reviewed by the City. Discussion - RLS #748 was filed in 1958. Some time in the late 1950s o: early 19609, the residence at 4185 Bayside Road was constructed, along with the driveway within Tract F, which at that time was the Tearse property. Mr. White granted the Tearses an easement across White's property to get from Tract F to Bayside Road. Some time after that, Tearse granted an easement (over the White property easement) to E.W. Spencer to serve his properties known as Tracts A, B and C. Mr. White claims that Tearse had no right to grant the additional easement over White's property. Staff discussed with the applicant early in the subdivision process that the City would require a 25' outlot for the existing private road. It is anticipated that at some future date, the additional 25, to create a standard 50' private road outlot, would be dedicated from the adjacent property. Applicant was advised that the City would require interior access for both Lots 2 and 3, hence applicant is providing an additional Outlot A along the north end of Lot 3, to serve Lot 2. The west line of Lot 2 then becomes the front line and the lot width standard is met. The alternative would have been to make Lot 2 a flag lot. Staff Recoss andation - The applicant is providing a private driveway outlot adjacent to the area of the existing access road. Because this is a two lot subdivision, city code does not require construction of a new private road. Both new lots abut an interior access road as required by code. Each new lot contains in excess of the required two acres, each lot exceeds the required 200' in width, and each lot has suitable house locations and tested drainfield sites. The lot line rearrangement incorporated into this plat leaves adequate setbacks and potential for septic system expansion as required by City codes. Zoning File #1475 November 16, 1989 Page 4 of 4 Based on the above, staff would recommend approval of the proposed subdivision based on the following conditions: 1. On the plat drawings, Bayside Ri•--e Road shall be designated as a private road outlot, "Oui .ot B". Outlot B is intended to remain in private ownership, and be p-ivately maintained. Because this plat effectively only creates a fourth building site where three building sites already existed, no upgrading of the private road is required as part of this subdivision. 2. Lots 2 and 3 shall be served by private access driveways via Outlots A and B. (Does Planning Commission feel that there is any justification to allow access for Lot 2 directly to Bayside Road? No word from Hennepin County on their position as of this writing.) 3. Standard Park Dedication Fees shall be paid for Lots 2 and 3. 4. Standard Drainage i Utility Easements to be shown on the plat drawings. 5. Prior to filing of the subdivision, applicant shall satisfy the City Attorney that proper legal access is provided to the property. 2� p V ��k � �"!" •, '"�• `',t -:� tic =N6S pS iV .� • ��i ,,._ ice`•.. Qc N2 • i y�- 1/.1 C/ i $ a1A t�� , �O2 • .,o i •� N82 2�30E � �``� •. .` Ee-, .• � �_ . ass s �1�, S..•�, o �Ro Aoo � i+ y 1`•''.� M ,�•w.:t�'._+.: yr• .�„ a �"aF��.' � •,�. "_ . 170 I COUNTY SURVEYOR HENNEPIN COUNTY�i /O /Yoh URUP. ; ilG I I I I!1/t► r ROVE Fe - RUN DATE 10/23/89 • MICH 002 38 06-117-23 11 0003 • PROP ADOR 04244 BAYSIDE RD OWNER NAME VCI CAPITAL INC TAXPAYER VCI CAPITAL INC NAME/ADDR PO BOX 375 . LONG LAKE MN 553S6 •38 06-117-23 13 0001 PROP ADM 04245 BAYSIDE RD ONNER NAME ROBERT P MHITE TAXPAYER ROBERT P MHITE • NANE/ADDR 4245 BAYSIDE RD MAPLE PLAIN MN 55359 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY ONNERS LIST 38 06-117-23 11 0004 04050 BAYSIDE RD G A M CONNELL GARY 11 CO NELL 4050 BAYSIDE RD MAPLE PLAIN MCI L5359 • 38 06-117-23 14 0008 PROP ADOR 00038 ADDRESS UNASSI D OILER NAME ALLAN E REZABEK ET ALJ 1 • TAXPAYER ALLAN A SHIRLEY REZALFEK NAME/ADOR 4185 BAYSIDE RD MAPLE PLAIN MN 55359 • 38 06-117-23 14 0017 PRO/ ADOM 04105 BAYSIDE RD I� , .OILER WE JOHN D MCDOWELL TAXPAYER JOHN D MICDOHELL f NAME/ADDR 4045 BAYSIDE RD MAPLE PLAIN MN 55359 • 38 06-117-23 14 0020 •PROP AM 0040S TONKAMA RD OWNER NAME K A C DEDOLPH III TAXPAYER KARL A CHRISTINE DEDOLPH NANE/ADDR 405 TOWAHA RD • LONG LAKE MN 55356 • • • • 38 06-117-23 13 0003 00038 ADDRESS UNASSIGNED VEDA INC VEDA INC PO BOX 375 LONG LAKE MN WS6 38 06-117-23 14 0012 04185 BAYSIDE RD ALLAN E REZABEK ET AL ALLAN A SHIRLEY REZABEK 4185 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0018 04135 BAYSIDE RD CHARLES N A HELEN F HAYSSEN CHARLES N A HELEN F HAYSSEN 4135 BAYSIDE RD MAPLE PLAIN MIN 55359 38 06-117-23 14 0021 JAMES N JENSEN JAMES N JENSEN 14851 WELLINGTON WAYZATA M41 55:91 REPORT NO. PI435401 PAGE 2 38 06-117-23 12 0003 04355 BAYSIDE RD VCI CAPITAL INC VCI CAPITAL INC 44 PO BOX 375 LOt:G LAKE MN 55356 38 06-117-23 14 0003 04045 BAYSIDE RD JOHN D MCDOWELL JOIiN D MCDOIIELL 4045 BAYSIDE RD - t*4gb MAPLE PLAIN MIN 55359 38 06-117-23 14 0014 04080 BAYSIDE RD RICHARD R STUEI..ANG ET AL R R STUELAND A R t BARBEAU 4080 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0019 04165 BAYSIDE RD J IMALT JAMES A A MARIE A ALT 4165 SAYSI^� RD ORONO MCN 55359 TOTAL BATCH 002 00014 • RIB! DATE 10/23/81 • BATCH 002 r L • • i LJ HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OWNERS LIST REPORT NO. P1435401 PAGE 3 I CERTIFY THAT THE FA TS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF ThE HEIVEPIN COLROY DE?ARTMENT F PROPERTY TrTIONP TO THE BEST OF MY KNONLEDGE AMO BELIEF.. /!l! I 0ATV Y r VA C(_. fl -IW.TS N ar4wfes ti J+OU TLO T ' A s�.. — — so4.is — `� �� t, �►� A� V g I � �O9-�o'�4•E , � 41 lei I _-� 4 i \ }' �' ►• 'r�� � I Imo_ - Lit 9 • ,�.. _....-- mar ,.,,�' ;:': _.,..�.I � c LA for • _ Iz , I � r' 7 y r 1 Ir i ad's 7 di 1 r� \ 101.01 � ► 10 \ •'��r'' �J-w Lr ;ems l0. I fa DETAIL P WE WTML «� 3 I A Olt s g' v r-% r v► 0 v Lm As 5L. MEC tl I.. P � .9Y � Tr •' Y � -.'�• .r �.� 4' ..�_- Mj'�+ Its+ �-` of.� i =ny. c I0,� per { o TY - ROAD NO t — M. NKAWA RO D ` AN LAW OFFICES �- LEONARD, STREET AND DEINARD / 3IW SroM[. Lowe[w• EDWAMO N MOENSr[LDE.• SUITE 2300 MIC N•[LL s[wG`' J[NMnu A P.R. S�DM[Y BAOROWS' ROB[., 1[WIS BARROWS• 101RELL V STDw TT BL•.( SN[►ARD J. N AwOLCD nR D. in BENT[wIC«[r 150 SOUTH FIFTH STREET OOU4LA3 B GR[ENSWAG 7r"_AE(•Gw[[M[ AMEN I 1•E.S• HUG« Y MAYNARD• [LL[N G SAY MARC D SIMPSON 1.0. SO rP w.[RG• ,REO[NICNNO MORRIS MINNEAPOLIS• MINNESOTA 55402 MARGARETM VAN YAIAIM _SHAUNC Yt[L«ATTUM MORRIS M SHERMAN' JONNC RU[HN ANGELA M CHNISTY A.(SJ BE.TBAND GEOwG[MEILLY- BBAOL[TJ GILLAM TELEPHONE 46121 335 1500 MAw.w LI.OGR[N AWRENCEH SC.A[FE. CNA"LESA D•YTON MICHAEL A M(..C.- NOSAMN[ MATHANSOM aNONWEIIL COUMD DAY M CO' M•RT«AC BOARD' FACSIMILE 16121 J3S 1657 S.[RNIL ..UT. RONALDJ KHyI T[ ST[PHEN R O1LAUM' O•VID M ATN(S M IC N•[L G lATLON CAROLYN " WOLSIII CH AwI(S A YAPS• CAwC" CHALMERS JON. IN GelSING[N L OW.LLJ NOT[BUOM' JA.ESV BOTH' THOMAS P SANDERS GEORGE r MCGLIMNI GL( J. • .004.T L OEM•♦ ROBERT![GLOVITCH GEORGE a L[ONAROI.BT( eSe• RICH A.D G P[PIM J ANG[1A M BONM'NR TIMOTHY WELCH ARTHUR L « STREET I.I" NO ' 1110:-C T WOS[NBLATT• N0.1.1 P TH AVI S• G.EGOR♦ C BROWN BENEDICT Of 'NANO e ee Pec BT.OM [ ' JAMLSG .11"LE"• November 9 1989 SUSAN M BO.IM[w .»OS S DEMAND ego Pe+ 1*"A"'ANN JONM . N[RMwM JOlf PH Y ♦rN l[Y' / DEsw. ST[V[N O Or.UY T[.• LAWRENCE J FIELD A LARSON P[O[w • IARSON J AYES A DORS(♦ OAVIO W FELL11 NANCY WILTG(M RFISERT IwLM[ SCOTT T HL[[M M GRA.AY YA w. S W(ITE' VIRGINIA • CON[ M PATRICIA SC.Arr[a 3 T[P.[N J OAVIOBOM' DAVID L l-1—UG CATHARINE OOSCN[[ DANIEL D FOTH HE III IIILIlYAM• DAVID .ANTO. MICHELLE A MILLER DANIEL M SATORIUS DAVID C (A.A• .Po•Lf..ow•. IUP.UAA o.• TIMOTHY R MET(wSUM WRITERS DIRECT DIAL NUMBER (612) 335-15Z3 Mr. Michael Gaffron Assistant Planning and Zoning Administrator City of Orono F. O. Box 66 crystal Bay, MN 55323 Dea- Mr. Gaffron: Our firm represents John D. McDowell. Mr. McDowell owns part of Tract A, R.L.S. 748 and all of Tract D, R.L.S. 540. Charles and Helen Hayssen own Tract B, R.L.S. 748 and part of Tract A, R.L.S. As you know, Mr. McDowell and the Hayssens have agreed to replat their property to effect a lot line rearrangement. I am enclosing for your information a copy of the proposed plat. I am also enclosing a copy of a Quit Claim Deed dated November 14, 1960, creating a driveway easement for the benefit of Tracts A, B and C, R.L.S. 748. Mr. McDowell purchased Tracts A, B and C, R.L.S. 748 from Edson and Harriet Spencer in 1987. In connection with that purchase, Minnesota Title issued Mr. McDowell a title insurance policy expressly insuring the driveway easemerz as a valid appurtenant easement benefiting Tracts A, B and C, R.L.S. 748. Mr. McDowell subsequently sold Tract L, and part of Tract A to the Hayssens and Tract C to James and Marie Alt. Minnesota Title examined title on both occasions and issued policies to the Hayssens and the Alts insuring the validity of the dri-eway easement. As you know, Robert White has challenged the validity of the easement. We have referred the matter to Minnesota Title. If it is determined that the original grant was ileffective, Minnesota Title will have an obligation to take whatek,,ar steps are necessAry to secure a valid driveway easement. Mr. Michael Gaffron November 9, 1989 Page 2 Rather than delay the approval process until this dispute is resolved, we suggest that the Planning Commission and the City Council approve the proposed plat subject to the condition that Mr. McDowell demonstrate legal access over Bayside Ridge Road to County Road No. 84. Please give me a call if you have any questions regarding this matter. Very truly yours, LEONARD, STREET AND DEINARD B y^2t F` edric T. Rosenblatt FTR/jek Enclosures cc: Mr. John D. McDowell sl ;os 13 10 ;e role AE PP �ii � II I'�F\ • , N f �� �Ne•► �I I J \ •� � n \ar I ;I lb I IZ DETAIL SEE DETAIL N Rt sM'r► ' J20. go N6403 j � &S 1 { EXHIBIT A cm r, MOT - i 3niitrt0rt. Jr„de w._ _ char of N•'' -- i. --, 'iARGLa L TBAItSi. Jr.-aad_CnfBl�l:. TlbRSlo,-�aesbatd sod tifa.� .__.._ of tAe cware of ienespis - -- _sad rsslo of Mioaeeott_ Pao 1U! of w Pmd part, sad _ MOLIMR-UN•CBe4111Ssis[�i1J11i1f�C1ll—. of w coaalp of remtyta -- _ _a" thin N04" of ad tieoasd p604 Urhtem*. fA.t w emit fs�tiaf- ./ 11►s oral ►4, a erSaldwuMsa of w s•tw ./_ _Ata Dc1 imp sm otser mucd am Y pPOl149Lat Lop _ _jmcom is Lb= .. In Aaad pals by w tau parr(ae of 1Aa ewad pare, As rweip+ whose/ to Aw4r salaoeai• afPd, do - Lw4p orsmk )srlela. Qallslalw, and Co" atab eb tald pares" of As groans p64 e. pine Amma.ts sad are ae Un&" in owawa k wlr sri[ati eb sar.leor of esld psrllos, sad As Aol.e sad sa (Ow of w svdoa., /a..ats, au as 6SWIL or pared..( of land iris{ sad M4y a me C16644 of. _—_-- Bsmopin MA As& of Altyaaws, damw4w as feu.ee% I*0w Tract IF, Registered Lid Survey b, 748, Files of Registrar of Titles, County of Nanoopia. That part of the Salt 25 feet of the Vest Ralf of the Northeast Quarter of Section 6, Twdhip 117 North, Range 23 Vest, 1riA¢ North of tha South 880 feet thereof and South of Cuvaty Road No. 64l and also thst part of the Vest 29 feet of the Northeast Quarter of the lortheast Quarter car Section 6, Tovaship 117 North, Range :3 Vest, 1,TSog South of Canty Road No. W. This does is given for the purpose of granting to the second parties herein, their hairs and assigns, tha full and free right in txse= with the first a-"ts herein, an easement for private driveway purpoess over Sod ae.ro . ' above desa:ibeA tracts of land, vbich easement shall he appurtensat-`racts A, l and C, Registered Land Survey No. 748,'F11M of Registrar of Titles, Nonoepin County, Minnesota, now owned in fee by said aacoad parties. State Deed Tax Due Berson - $1.10. We babe ant to both Me Matt, rojth, WA ale OU ►wadtbrw nis ass aypa,isaaS.n mere. 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I . , r••t, M„r,•� ,..,,q 111��r• tf 41t, NO am-l-ww agbw •t!a?K A• ts... am . *d •M Nr w b w won as bremm b..mmo la w sa.ry b &a •• •• I -4 fir roao►d an tFo 20 Oay of Lev A.L• 11N0 st 11 ofalook I CITY of ORONO Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices On the N Jul vShore 2 g of Lak�e9Minnetonka Charles Hayssen 4135 Bayside Road Maple Plain, MN SA59 Re: Proposed ,Subdivision Dear Mr. Hayssen: During a recent attempt to complete a diagram of your septic system for our permanent records, it became apparent that the new mound drainfield system extends over your north property boundary. Lyle Oman of our staff asked Bob from Bruce Bren Homes to che, into this, and few wf ago on my uesk appeared a survey t�rifying this. •ve, so indicates the Muse ended up being placed less tha egLli red 30' setback from the north lot line. The survey suggests a proposed lot division which will leave your residence approximately 100' from the side lot line, and places the mound system totally within the pro,--rty boundarieF. This subdivision appears to be logical, aY,,ropriate, and necessary. However, in order to legally accomplish his subd-�rision, you need to file a formal subdivision p-at aF;;l'.::ation, per the attached subdivision application form. 1 would be pleased to meet with you t(I subdi visio you have any questions. Please c:. 3�71 if I I of fur:.: rr assistance. Sincerely, Michael P. Gaf-fru i, Asst Planning & Zoning, Administrator discuss this -•ct me at 473- MPG/tln Bruce Bren Hc--•ts, Attn: Bruce, 325 Broadway S, Wayz.At 5 41 Sathre Ber7q,iist Inc.. 10f Broadway S, Wayzata 5539_ John McDowell, 4045 Baysidn Rd, Maple Plain 55359 Jeanne Mabusth, Building & Zoning Adminis-.a.or Mark Bernhardson, City Adm. nistrs,_or Lyle: Oman, Field Inspector SU1, DINGA JONING - 47�-1J37 • ADMINISTRATION R F'NANCE - 473.7358 • PUBLIC WORKS - 473-7359 AsSESSINC It VIA MESSENGER THOMAS L. OWENS ATTORNEY AT LAW 512 FIRST BANK PLACE WEST 120 SOUTH SIXTH STREET v MINNEAPOLIS, MINNESOTA 55402 1612) 338-2919 November 16, 1989 Mike Gaffron Assistant Planning and Zoning Administrator City of Orono 1335 Brown Road South Wayzata, MN 55391 Re: Proposed Plat of "Baysirle Ridge" My Client: Robert P. White 4245 Bayside Road Dear Mr. Gaffron: My client ;s in receipt of the City's Notice of a Planning CommisFion hearing on November 20 to consider John McDowell's application for a lot division and preliminary plat approval. I am writing on Mr. White's behalf to object to these proposals and express his concerns. Mr. White's homestead lies Westerly and Northerly of the proposed plat. The pertinent boundaries of his property are depicted in green on the map enclosed for your reference. The map also shows in red the pert'nPrt boundaries of the larger tract which was owned by Mr. McDo, 1 as recently as mid-1987. Finally, outlined in orange on he map are most of thi boundaries of the homestead of Mr. and ?ors Allan E. R^zaL. k. The second nap enclosed shows, highlighted in ye th,- approximate 'ocation oP a recorded driveway easement 1 or of the Rezabeks' property and running across Mr. White's pt,.t.--rty. The owners of Tracts A, B and C of Registered Land Survey No. 748 do not have the right to use the existing drivewdy, and the owners of Tracts B and C have no legal right of access to Bayside Road. By letter dated October 11, 1988, my client and I put these three owners on notice that "your use of the driveway appears to be unauthorized and without legal basis." The title company which nsured access over the White/Rezabek driveway easement has undertaken to establish a legal right of access. Mike saffron November 16, 1939 Page Two Approval of the lot division and plat would impliedly sanction both a continuation and an increase in the trespass across my client's land. Such approvals also appear to be in violation of Section 11.32, subdivision 1, of the Orono City Code. I urge you to deny these proposals until the applicant privides for adequate and legal access. Mr. White and I will be happy to answer your questions and furnish additional background information. Additional copies of both maps are enclosed for your use. Sincerely, Thomas L. Owens TLO/eh Enc. c: Robert P. White .50 '% z78 ..;-4 'e: O• / / , • I O / � 2 1 Q • ( Co i 3 1 Z zy°I 1 O o c 49 • Y p ` ZL s'vs �ti • C* V- O .i aC ,e: •.:� � .. �� -:.4 � ARM ..:,s} �O - -- - �. THIRD App. A tol ; cc) -L �•y C� • 1 1' r w n r w r r u• sD /* z7e -..:8 -e� `a MLAWA s . ►aua=}aaasasaaa�� � 1 i 1 t I pl 2 Q ..1 j (a) id coo' r 1 f ' • t � � ij ff s� • I � 270 ,• \ sr s c �.s ►. V85,05 v 176 �ti Nz _ _ — f - — o •�ti`� r s v c K a�' NORTH A Ne:���'�r� 0 'a — TA 51A TM�RO App, r„r> ' J Vfit V i • $• _ i ttRRIL O s� de ac Al Irit. - 10 1 1J / 4 • ° °►►w w •w►�•• MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 Al"rENDANCE 7: 0 0 P.M. The Orono Planning Commission met on the above date with the following members present: Chairman Kelley and Planning Commissioners Brown, Hanson and Bellows. The following represented the City staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron and City Recorder Scheffler. Council Representative Edward Callahan, Jr. attended and Councilmember Nettles was also present. #1475 JOHN MCDOWELL 4045, 4105 AND 4135 BAYSIDE ROAD PRELIMINARY SUBDIVISION PUBLIC HEARING 7:00 P.M. TO 7:35 P.M. The Affidavit of Publication and Certificate of Mailing were duly noted. Mr. McDowell and Mr. Hayssen %,.ete present for this public hearing. Assistant Planning and Zoning Administrator Ga;fron explained the proposal of Mr. McDowell and Mr. Hayssen. Gaf f ron said that the City Attorney has preliminarily reviewed this application and has suggestec that the City not file the subdivision until the issue involving an existing easement is resolved. Chairman Kelley r, 3 that if it were no` for the issue of the easement, this appl. ion would be straight forward. Mr. Tom Owens, Attorney for Robert White, provided a brief history of the White property and adjacent ptopercies. He said that he had discovered that the attempt to creata an easement back in 1950/1960 resulted in an i -effective easenent. He said that the title company that has insured the easement for the )enefit of McDowell, Hayssen and Alt is trying to find some resolution. He said that Mr. White's position is that Mr. McDowell's proposed subdivision will not work without access to Bayside Road. Chairman Kelley asked why Mr. White had approve' the construction of the Alt and Hayssen residences? Mr. Owens said that Mr. White waF not aware of the extent of the easement at that time. He said that a prominent Law Firm and Title Company had opined that there w.iG a proper easement, when in fact the easement was not properly established. He said that Hayssen, Alt and MCDuwell were placed on notice of this October 11, 1988. Cha.irr.,an Kelley asked Mr. Owens whether access wou_ i be cut off if Mr. McDowell decided not to qo throug_ with the subdivision? MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 ZONING FILE #1475-MCDOWELL CONTINUED Mr. Owens said that if there is no sublivision, one of Mr. White's options would be to blockade the road to get the attention of the neighbors. Kelley asked what would be accomplished by such an action? Mr. Owens said that Mr. White would be exercising his rights over his own property. Mr. White said that allowing access for the existing two residences was one thing, but adding additional houses that would require the upgrade of the driveway was another. He said that he had suggested to Mr. McDowell's attorney that they look at other options for accessing the property. Planning Commissioner Bellows questioned the requirement to upgrade the driveway due to the existing density. Bellows said that she consistently takes the position that a driveway be upgraded at a 3-residence density. Mr. James Alt, 4165 Bayside Road, asked for a definition of "upgrade" and whether upgra-?ing would be necessary only if there are more than 4 residences? Bellows said that the City has been enforcing the upgr at a 3-house density. The City's standards for the road is 2 or a rural section, 28' for urban with curb. Chairman Kelley added that a cul-de-sac would also be required. Zoning Administrator Mabusth said that the cul-de-sac width must be 80' to provide for adequate turn around area for emergency vehicles. Mabusth noted the difficulty in determining from where the property for the road upgrade would come. Gaffror, showed that the existing driveway is centered on the White and Rezebek property end does not abut the proposed outlot, but is separated from the driveway by a 10' to 15' gap. He said that the additional 25' needed for the standard 50' out lotwidth would probably come from the Rezebek property. The other option wou ld be to take a tota 1 of 50' f rom the McDowe 1 1 , Hayssen and Alt properties and construct an entirely new road. Mabusth questioned how that would affect lot areas? Gaffron believed there would be sufficient area to a^commodate the outlot. Mr. Gabriel Jabbour asked if the upgrade would occur as a result of a subdiv I,n applica`ion, or whether the City's Zoning MINUTES OF THE PLANNING COMMISSION MEETING NOVE14BER 20, 1989 ZONING FILE #1475-MCDOWELL CONTINUED Code would require the upgrade based on the potential density of the properties in that area? Kelley agreed that Mr. Jabbour raised an interesting question that was an issue in and of itself. Mr. Alt questioned how the road width as discussed had gone from 2 4' to 50'? Gaffron explained that a 50' corridor is defined for private roads in Orono and within that 50' corridor is a 24 paved roadway. Mr. Alt asked what the City would require of the property currently at a 4-residence density if the new subdivision were to access from County Road 84, rather than using the existing driven ay? Chairman Kelley replied that was a policy questior vond the jurisdiction of the Planning Commission at this time. Gaffron noted that the existing lots in questions were created prior to the current private road policy being adopted. Mr. McDowell hoped that the City would not ask him to puc in a blacktop road and a cul-de-sac. He said that the City would have to condemn the land needed to do so. Kelley asked whether it would be possible to proceed with only the lot line rearrangement portion of this application? Gaffron said that a revision of the application would be necessary if Mr. Hayssen and Mr. McDowell agreed to proceed that way. Mr. Owen suggested the use of i'onkawa Road (to the east) as an access. Mr. McDowell said that he nc longer owned property on Tonkawa. Mr. Allan Rezebek, 4185 Bayside 'Road, said that he objected to the upgrade of the existing driveway and the construction of a cul-de-sac. He said that the cul-de-sac would destroy existing trees and eliminate his privacy. Mr. ..ezebe; noted that a ravine existed in the area that was not shown on the sketch. Mr. McDowell said that his subdivision has nothing to do with the property beyond the White property. He sa?d that he wants to dome out at the end of the Rezebek property and get out to Bayside Road if he nd Mr. White can agree. Planning Commissioner Brown asked whether, in light of the problems involved with access, if Bayside Road could be used? MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 ZONING FILE #1475-MCDOWELL CONTINUED Planning Commissioner Bellows suggested that Mr. McDowell's existing homestead lot access be used rather than making an additional curb cut. Mr. Chip Hayssen, 4135 Bayside Road, asked if there was a specific reason that the lot lire rearrangement and subdivision had to be a combined effort? He questioned whether it would be possible to proceed with the lot lire rearrangement to Council? Gaffron and Mabusth said that was something that would need to be looked into further and that it would be necessary to have such a request in writing from Mr. McDowell and Mr. Hayssen. Mr. McDowell indicated that he would rather keep the subdivision and lot line rearrangement together. There were no further comments from the public regarding this matter and the public hearing was closed. It was moved by Chairman Kelley, seconded by Planning Commissioner Hanson, to table this application, pending the outcome of easement and a possible revision of the subdivision if Mr. McDowell wished to do so. Kelley said that he would prefer to see the existing driveway (shown on tiL& siirvey as "Bayside Ridge") used for access. Planning Commissioners Bellows and Brown indicated that they too would prefer to see "Bayside Ridge" -:vd, but were not certain whether it would be possible in this case. Planning Commissioner Hanson wa:. uncertain of whether "Bayside Ridge" was the best acctass. Etotion, Ayes=4, Nays=O, Motion passed. #1289 ROBERT WILL 115 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION - REVIEW OF hMENDED PLAN RENOTIFICATION BY MAIL Mr. and Mrs. Wi 11 were present for the review of the amended plan for this preliminary subdivision, Chairman Kelley confirmed that renotification by mail tad in fact occurred. Mabusth indicated that it had. Zoning Administrator Mabusth provided a brier history of this application f.r a 3-lot subdivision. She said that the issue of the us? of private property over which the City has an underlying easement was reviewed by the City Attorney. Mabusth said that the City cc-ild provide a developer with the authority to construct a roadway through Rolling Meadows due to an existing easement. Mabusth said that in light of this, Mr. will is now able to proceed with his subdivision, with a specific directive that the existing private road be extended through his property to a newly defined cul-de-sac. Mabusth clarified that the road would be public, rather than priva'-. and could be maintained by the private homeowners association 4 FILE NO. 1475 CITY OF ORONO P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 11/21/89 ---------------------------------------------------------------------------- TO: John McDowell COPIES: Charles Hayssen 4045 Bayside Road 4135 Bayside Rcad Maple Plain, MN 55359 Male Plain, MN 55359 TYPE OF APPLICATION: Subdivision DATE OF MEETING: 11/20/89 VOTE: 4 For 0 Agairst ---------------------------------------------------------------- -- Planning Commission recommends the fol" fling: Tabled for reasons noted below NOTES i SPECIAL CONDITIONS: Planning Commission tabled _he application requesting applicant to: 1. Provide furthir information regarding Hennepin County position on access via inter.:-)r roads vs. access directly from Bayside Road. 2. Pursue the easement over the existing private easement access road. P noted at the _ cting, the City would allow a revision of the existing application to include just the lot line rearrangement, ` applicants desire. Applicant's next scheduled meeting is dependent upon receipt of additional information. Deadline for the January 16th meeting is January 5, 1989 or February 9th for the F-thruary 20, 199C meeting. If the applicant has trouble obtaining :Additional information, please contact the Zoning Department (473-7357). If you desire certified copies of the officia' Planning Commission minutes, they are available from the City Recorder Clerk after revie.: and approval by the City Planning Commission. CITY of ORONO Post officer - .'49Crystal Bay, Minnesota V).323•Municipal Offices On the North Shore of Lake Minnetonka November 21, Les Weigelt ?-:ennepin County DOT _ZO Washington Avenue iiopkins, MN 55343 Re: PrOPU:,�d Plat, Bayside Ridge Dear Mr. Weigelt: Attached please fi-.._ for your review and comment the proposed plat of Bayside Ridge. The developer of this project is John McDowell (473-3000). The proposal is a lot line rearrangement between Pxisting residences located on 'pact B of RLS #748 and T t D of RI:S #540. Additionally, -roposed Lots 2 and 3 are int.-Tided for new , iilding sites. -he proposal includes an outlot fur "Sayside .ridge Road" and Outlot A, to serve thr two new lutes via an existing private easement road which accesses Bay-ide Road. The applicant wishes to pursue a direct driveway ass to County Road 84 from pioiosed Lot 2. An additional item Uf contention is whether the proUosed subdivision has legal access a. ross the Robert P. White property in which the existing access d lies, I have a .:tached a copy of the City staff memo and selectel exhibits tc assist 'n your revi W. Flease contact me at 473-7357 if you have specifi- jestions. Sincere�-y, n Michael P. fron, Asst Planning 6 Zoning Administrator MPG/tln Enclosure BUoLDING! ZONING - 4? + "i • ADMINISTRATION t FINANCE - 4 !1.715B f W,BLIC WORKS - 4-3.7359 lsSESSIN G �7TDEPAVNENT Ok PUBLIC \&/')RKS Engineering Division HENNEPIN 320 Washington Ave. South Hopkins, Minnesota 55343-8468 LFUPhon�:� (612) 935-3381 November 30, 1989 Mr. Michael Gaffron Asst. Planning do Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Dear Mr. Gaffron: RE: Proposed Plat - Bayside Ridge CSAH 84, South side, approximately 200 west of CSAH 135 Section 6, Township 117, Range 23 Hennepin County Plat No. 1796 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 CSAH 84 the developer should dedicate an additional 7 feet of right of way making the right of way 40 feet from the center of CSAH 84. - No location along the CSAH 84 frontage of Lot 2 meets the minimum sight distance for the posted speed limit, and therefore, Hennepin County supports using outlots to provide access to Lots 2, 3, and 4 via existing Bayside Ridge Road. The existing access from Lot 1 will be the only direct access to CSAH 84 permitted from this plat. Any revision to an existing access requires an approved Hennepin County entrance permit before beginning any construction. Contact our Operations Division for entrance permit forms. - All proposed construction within Cuunty 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 Operations Division for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, fIli t4 �i/ /�/* � David W. Schmidt, P.E. Transportation Planning HENNEPIN COUNTY OWS/LOW: Iw ur equal opportunity employer CITY of ORONO Post Office Box 66*Crystal Bay, Minnesota 55323•Municipal Offices On the Nr. ire of Lake Minnetonka .fiber 1, 1989 John McDowell 4045 Bayside Road Maple Plain, MN 55 59 Re: Subdivision Proposal - Application #1475 Dear Mr. McDowell: . day I received a phone call from Lori Howe of Faegre & Benson requesting information about procedures for proceeding with merely a lot line rearrangement between your homestead parcel and Charles Hayssen's homestead parcel. Prior to your leaving town, we had briefly discussed the potential City concerns and requirements for such a proposal. You had expressed a concern that the City might still require granting a private road outlot as part of a mere lot line rearrangement. Although I had indicated that was not as likely with a lot line rearrangement, Jeanne and I have discussed the issues at some length, and in light of the access issues and Planning Commission's concerns regarding access and private roads in the City, it would not be out of the question for them to require road outlot dedication. It would also not be out of the question for them to hold up even a lot line rearrangement pending resolution of the access issues. In order t requirements for the subdivision metes and bounds not specifically be a plat, howev concerns which have evolved along with roEerties don't abut a dedicated public technically variances to the zoning code this a "flexible zoning application" which As I advised t revising y o mentioned before you o discuss these issues ur application. o give Ms. Howe clear di a lot line rearrangement, Je code regarding the need for division. it is our opinion address whether this lot line er we feel that given the na rection as to the nne and I reviewed a plat vs. a simple that the code does rearrangement must ture of the access a the fact that these or private roadway, are required, making requires a plat. left town, you would be well with Jeanne Mabusth prior to Bt ILDIV; • ZO\LrG - V3-7351 • ADM11I57RATH)1 k F7VA�(7 ,'t_-1q1 • Pt BIA %4ORKS - 473.73" ASS<tiSIVG F4% - 4734514 John McDowell Re: Subdivision Proposal - Application #1475 December 1, 1989 Page 2 of 2 Please contact Jeanne at 473-7357 to arrange a meeting to discuss these concerns. Sincerely, Michael P. Gaffr n, Asst Planning & Zoning Administrator MPG/tln cc: Charles Hayssen, 41$5 Bayside Road, Maple Plain 55359 Jeanne Mabusth, Building & Zoning Administrator Lori Howe, Faegre & Benson DEPARTMENT OF PUBLIC WORKS Operations Division 320 Washington Ave. South HENNEPIN Hopkins, Minnesota 55343-8468 LFUPhone: (612) 935-3381 January 3, 1990 John McDowell 315 East Lake Street Wayzata, Minnesota 55391 Re: Bayside Ridge, CSAH 84 (Bayside Road) John: At your request Hennepin County has reviewed private driveway access possib'lities for the proposed Lots 2 and 3 from the above plat onto County State Aid Highway (CSAH) 84. The only location lies immediately west of the crossroad culvert under CSAH 84, approximately 220 feet west oT-The property corner shared by the White property, proposed Lot 2 and CSAH 84. If and when an accesb easement is executed across the white property, it should be at least 30 feet wide to provide for a 16 foot wide driveway (minimum) plus appropriate side slopes. If this shared residential driveway becomes a necessity, a permit for construction within the CSAH 84 right-of-way must be processed through this office prior to construction. Hennepin County also strongly recommends extending Outlot "A" across Lot 2 to provide for future access to Lot 1 if Bayside Ridge Road becomes a city street or CSAH 84 is realigned and reconstructed. Finally, providing access to all lots via Bayside Ridge Road is the best alternative for everyone concerned, residents ano the motoring puolic alike. Hennepin County supports this concept the strongest. if the legal tangle can ue sorted out. Thanks for your cooperation in this matter and please call .ith Fiy further Questions. Sincerely, �iu"e David K. Letterstrom Entrance Permit Coordinator DKt:pl cc. Mike Gaffron. City of Orono HENNEPIN COUNTY wN11-e r `(/a T To 5 C- ftLcT To: Planning Commission Chairman Kelley �I Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning & Zoning Administrator Date: January 11, 1990 Subject: #1475 John McDowell & Charles Hayssen, 4045 - 4135 Bayside Road - Lot Line Rearrangement/Subdivision - Continuation of Public Hearing List of Bzhibits - Exhibit A - Letter from Hennepin County 1/3/90 with Attachment Exhibit B - Letter from Hennepin County 11/30/89 Exhibit C - Proposed Easement Sketch & Legal Description Exhibit D - Letter from Applicant Hayssen Affirming Endorsement Exhibit E - Sketches, 3 Options Exhibit F - Notice of Planning Commission Action 11/21/89 Exhibit G - Memo & Exhibits of 11/16/89 Discussion - At your November 20th meeting, Planning Commission tabled the applicant's request pending further information regarding Hennepin County's position on access via the existing private road as opposed to new access directly from Bayside Road. Additionally, you directed the applicant to pursue obtaining the easement over the existing private road. Hennepin County originally reviewed this request in November 1989 and determined that there is no safe access within Lot 2's Bayside Road frontage. The County at that time supported the use of Outlot A to provide access for Lot 2 via the existing private road. At the same time, McDowell was pursuing the issue with Mr. White as to whether any or all of the McDowell/Hayssen/Alt properties could use the existing private road. McDowell and White have tentatively agreed that Alt and Hayssen can continue to use the existing private road. McDowell's Lots 2 and 3 would not he allowed to use the private road. White would agree to convey an easement to McDowell through the tiangular wetland area north of Lots 2 and 3. The easement would aVVear to be easter:y of the wetland boundary. This 30' driveway easement would he merely a shared driveway for Lots 2 and 3. Hennepin County in their letter of January 3rd I ocated and atproved this sE,ecific access point, as meeting the minimum site distance standards for a shared driveway. Zoning File #1475 January 11, 1990 Page 2 of 4 The County also strongly recommended extending Outlot A across Lot 2 to eventually serve McDowell homestead lot if "Bayside Ridge Road" becomes a City street. Their intent is to centralize the access locations by removing as many driveways as possible from the County road. The County noted that accessing all lots by Bayside Ridge Road would ultimately be the most appropriate outcome if the legal issues could be resolved. Access Issues - The following would appear to be issues for discussion regarding access for the subdivision to create Lots 2 and 3: 1. Proposed Lot 2 has frontage on Bayside Road and has 200' of width at the 50' setback line from Bayside Road. However, because there is no safe access along Lot 2's Bayside Road frontage, Lot 2 and 3 would gain access via an easement through the White property. The center line of this proposed easement is at the no.thwest corner of proposed Lot 2, hence the easement will abut Lot 2 and Outlot A. Does Planning Commission ':ave any concerns regarding the use of this easement for 1-gal access to Lots 2 and 3? 2. Outlot A was originally intended to provide a legal access corridor to "Bayside Ridge Road" for Lot 2. Given the new proposed easement, is Outlot A strictly necessary? Note that Hennepin County proposes that Outlot A be retained, and be extended across Lot 2 to abut Lot 1, so that even Lot 1 has the potential for futur,: access to Bayside Ridge Road. Notwithstanding the goals Gf the County in reducing County road access points, it would seem to be a rather unusual move to redirect McDowell's homestead drive- way to a point 1/4 mile west of his house. However, one could argue that, at the same time Lot 2 should have Outlot A for a future access to Bayside Ridge Road, Lot 3 should have an outlot along the north end of Lot 2 so that it has a legal outlot access to Bayside Ridge Road. 3. To date, staff and applicant have not discussed the alternative of the City condemning access across white's E roperty over the existing "Bayside Ridge Road". A search of Council minutes for 1957-5R indicates no City review or auproval of F.L.S. 748 (which was filed with the County on 4/15/58). Such review was not required at that time for a Registered Land Survey. Zoning File #1475 January 11, 1990 Page 3 of 4 However, if White's contention that the R.L.S. and subsequent ownerships cr, .:ited "landlocked" lots is correct, and if it is in the City's best planning interest to have these lots use the existing private road, then absent private easement agreements the City could consider roadway condemnation and charge the costs back to the benefitting properties. To summarize, the Planning Commission is presented with the following options: a. Approve plat as proposed with outlots for Bayside Ridge Road and Outlot A, access to Lots 2 and 3 via a 30' easement across the White property east of the wetland. b. As (a) above, but require an extension of Outlot A along the north end of Lot 2 so that Lot 3 has a continuous legal outlot access to Bayside Road. C. As in. (b) above, but extend Outlot A across the north end of Lot 2 all the way across to Lot. 1 as proposed by Hennepin County. d. Recommend approval subject to acquisition condemnation of public road access over the existing private road, force all lots to use "Bayside Ridge Road", keep Outlot A as proposed for Lot 2's access to "Bayside Ridge Road". e. Request that applicant consider some other option. Staff Recommendation If the Planning Commission can resolve the access issues, staff would recommend approval of the proposed subdivision and lot line rearrangement, finding that each lot exceeds the required 200' in width, each lot has frontage on an acceptatle access road or driveway out`ot, that each lot contains th3 required 2 acres of dry buildable land, and each lot has suitable house locations and tested drainfield sites. The following conditions of approval are recommended if one of schemes a, b, or c is chosen: 1. Designate Bayside Ridge Road on the plat drawings as an outlot rather than a named road. This out lot road and any other outlots created within the subdivision are intended to remain in private ownershit and be privately maintained. (Since under the first three schemes noted above, no additional lots will be created that access to Bayside Ridge Road, it would appear that under current tolicy, no upgrading of Payside Ridge Roar? is required as part of this subdivision.) Zoning File #1475 January 11, 1990 Pane 4 of 4 2. Lots 2 and 3 shall be served by privat j access driveway/easement through the White property :.o the no:th per the recommendation of Hennepin County. 3. Standard Park Dedication Fees shall be paid for Lots 2 and 3. 4. Standard Drainage & Utility Easements to be shown on the plat drawings. i. Prior to filing of the subdivision, applicant shall satisfy the City Attorney that proper legal access through the White property is provided. 6. Setbacks and lot i ine designations for proposed Lots 2 and 3 are as shown on attached exhibits. 4135 Bayside Road Orono, MN 55359 January 10, 1990 Mr. Michael Gaffron Asst. Planning k Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Mr. Gaffron: We hereby affirm our endorsement of the application for a lot line rearrangement previously submitted on our behalf by John McDowell. Sincerely, Charles N. Hay en Helen F. Hayssen i $IN OW LWE Y♦ \ .� OF �I" W A - S LWloc W lAL� 3>s YSIDE.- F E I/4 0i N! lam. u �JS M �� De�V�r.twy F 8 \ � �•i= 370 R Waz�oN A 14 �lbo 1` I ., T 1. A �.a. sew. �— g I 50e!• 401241E \\ , t N. ... it n Iz \�• � c t,;., ,-' 7 224 77.- — _ .I v l .------�l2.22------- •.;l.00 i t • ' `a • 'E• J / 1 I / / lop :• M~� I wan, 9-21 oil � 112 1 0• OETA IX SLY LWE - 1AYSIDECOUNTY RD.f& 9 LWEoc W WOV �� 94,p + �V NE I OF Nl 1,3 (•o i 3. a W 30 cr. �,I �Oe \ / 37�c OZ 0 z�' oervEw�.Y in dm ..zsvtZ•- .--IK PTI 8 d --WWI OT A � > i � _ —_ \ 1111` \ .'•sue �w''�ab�'' \L:.^, • 1 - T,e 1 f \ 111 u O � � I • 14� - � \ � vie/�i �� /� b r � � /�/ '� r �, 1 1 \ � I I Z C 1. • ce 206ll�—'r_—_/C)__22111---_. •I� '/ / . s 1 I I I v/ 'p op •.. �. i • 0. .c I I y DETA . � ti • � a?- I I Oe O'LY ejW LW £ .- — \ J A5 LANE oc W Ih-� 3 (. NE 1r4 oc NE W, u 1`�e SlL.Ii�T.��7�R.2`J. p JS Z'otiu 3o rr. IDE-..-- 3 NZ aw C 8 3zo EasEr•ENr�I , R�,\W az$opnoN "�' N 14034�t � ��" ?oh o T� -.-A. "—t MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 16, 1990 ZONING FILE 31473-KELLY CONTINUED regulations. Mr. Bear said that the house has four 8' sliding glass doors in that location and he could not have them opening onto nothing. Mr. Bear• added that the applicants have talked with the neighboring property owners and they approve of the deck. Mr. Klien indicated that the site lines were cut down because the old deck had more of a "boxy" appearance and did not tier down the hill. Mr. Klien said that the railing on the old deck was thick wood. Kelley observed that the new deck does not have railings, which he added are needed, and it is difficult to tell what the site lines will be once they are installed. Mr. Klien informed the Planning Commission that he is proposing tubular railings rather than wood railings. There were no comments from the public regarding this matter and the public hearing was closed. Kelley said, "We have been pretty consistent on decks, hardcover• and hardships in Orono. From my point of view, you can replace what was there and stay within the ordinance. The increase in the 0-75' setback zone, even if it's minimal, is objectionable in my opinion, as I have been a strong supporter_ of maintaining the lakeshore protective area. In regard to the 75- 250' zone, if you can delete other parts of the hardcover on the property within that zone to bring hardcover back to 57.2%, I don't have any problem with that. As to the average lakeshore setback, I think we have to stay within what we were before. We have, however, in the past dealt with grade level decks a little differently. However, this does not classify a6 a grade level. deck." Kelley advised the applicants that the deck would have to be brought back to the site lines that existed with the previous deck. It was moved by Kelley, seconded by Moos, to recommend denial of the average lakeshore setback variance of 19' to 20', the variances to increase hardcover in the 0-75' and 75-250' setback areas, as well as the sideyard setback variance. Kelley said t:..+t he would approve what pre-existed Hanson asked what co,Ald be done in the interim period to make the existing situation safe. Cohen said that the deck should be removed. Motion, Ayes-5, Nays-0, Motion passed. / 14 7 5 JOHN MCDOWELL 4045, 4105 i 4135 BIIDE ROAD PRELIM:DIARY SUBDIVISIUM ZONTINUATION OF PUBLIC HEARING 8:25 P.N. TO 8:40 P.N. Mr. McDowell was present for this public hearing, as was Mr. Thomas Owens, the Attorney for Robert White. 12 MINUTES OF THE PLANNING COMMISSION MEETING jANUARY 16, 1990 ZONING FILE #1475—MCDOWELL CONTINUED Gaffron provided a brief summary of this two part application involving a lot line rearrangement between the existing Hayssen and McDowell parcel and a subdivision. Gaffron explained the dilema involving access for the McDowell subdivision and said that a tentative agreement has been reached by the parties involved. Kelley said that the existing access is 'pest to serve the properties and the proposed outlot to Bayside Road is absurd. Kelley compared this with the wear Subdivision. Gaffron noted that this varied from Wear's subdivision in that there was a dedicated outlot going a 1 1 the way to the Will property and the City had underlying road and utility easements. In this case, there is no outlot or existing easements. Gaffron said that the City would have to condemn land and look at the aspect of taking over a public road which would probably be very precedent setting. Kelley said that this is very unique and he has never run across anything like this. He said that it is absurd to give access to Bayside through the easement from Mr. White. Access to the McDowell property should come from the existing road. Cohen concurred with Kelley. Mabusth asked Mr. McDowell to identify the reason for the access being proposed. McDowell said that the proposal would offer a "win, win" situation for everyone. He explained that st: .old the Council deny his application, he will go back tc the Title Insurance Company and request access and the matter will go to Court. If Mr. White prevails and it is determined that Mr. McDowell cannot use the existing access, then the County wi 1 1 have to grant him access off of Bayside. Kelley said another option would be ghat the City steps in and takes over the road. Mr. McDowell said that the access being p-oposed onto Bayside is safer than the existing access onto Bayside. Gaffron confirmed that. Brown asked what the distance between the existina and proposed Bayside accesses will be. Mr. McDowell replied that is approximately 5001. McDowell added that he preferred this configuration, which will eliminate placing a cul-de-sac out in the middle of the field. Mr. McDowell asked the Planning Commission to vote on the lot line rearrangement portion of the application. 13 MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 16, 1990 ZONING FILE #1475-MCDOWELL CONTINUED There were no comments from the public regarding this matter and the public hearing was closed. It was moved by Kelley, seconded by Cohen, to recommend approval of the Hayssen/McDowell lot line rearrangement as proposed. Motion, Ayes-5, Nays-0, Motion passed. It was moved by Kelley to deny access onto Bayside Road for the proposed 2-lot subdivision. Mr. Owens, expanded on the reason for the access proposal. He informed the Planning Commission that a motion to deny could have disastrous results for everybody involved, including the City. Mr. Owens said that he had talked with the County regarding this matter. He said that if Tract A is split into 2 lots and if Mr. White pz:vails in litigation as to accessing those lots, then the Title Company will have to spend a lot of money to satisfy Mr. McDowell. Mr. Owens said that this access problem is due to an error made by the Title Company years ago. Mr. Owens said that the obvious access that Mr. McDowell will be entitled to is where his Tract A abuts Bayside Road. He said there is approximately 190' of property abutting Bayside. Mr. Owens indicated that Mr. White was not thrilled with the current proposal, but felt it was a compromise that would avoid the need to litigate the matter. Hanson said that he had reached the same conclusion that Kelley had. However, after listening to Mr. Owens, he was not sure. He asked Mr. McDowell what exactly he wanted. !• )well said that basically he wanted what currently exist. said that everyone using the existing road loves the way things are now. McDowell said that }.e only problem is that he doesn't have access to his property. He said that what he wants is access to his property without the need to put in a cul- de-sac and ueLtroy what now exists for the other residents. Cohen questioned why Mr. White would not give McDowell access to his property, since the road is already being used by Alt and Hayssen? Mr. Owens replied that Mr. White does not want the traffic that the two additional lots will create on h s property. Mr. Owens also said that everyone involved agrees that they do not want the road upgraded, which would have to occur if the McDowell lots are added. Mr. Owens said that the road is enclosed on both sides by mature trees which would have to be removed. Mr. Owens added that he did not think approval of this proposal would set any precedent and furthermore, the County has approved the access being proposed onto Bayside. Brown indicated that he is compelled by a couple of things. One concern is that the City does not have an easement under the existing driveway so the City cannot do what it did in the Wear 14 MINUTES OF THE PLANNING COMMISSION MEETING JANUARY 16, 1990 ZONING FILE 31475-NC DOWELL CONTINUED subdivision. The other concern is that Mr. White might prevail in the lawsuit and the City would have an unsatisfactory access onto Bayside Road rather than the one the County approved. Kelley withdrew his motion. It was moved by Brown, seconded by Hanson, to recommend approval of Option A for access to Tract A across the White property, including staff recommendations 1 through 6 of Gaffron's memo dated 1/11/90. Mr. Owens asked that the Outlot running north and south be labeled Outlot "B", rather than Bayside Ridge Road. Brown incorporated that into his motion. Kelley asked whether Outlot A is still required? Gaffron said that with the proposed easement, there is direct access through the easement to Bayside. If you have Outlot A, then Lot 2 would have possible future access to Bayside via the existing White driveway. Brown agreed that they should keep Outlot A. Hanson seconded the amendments. Kelley asked whether the Outlots would have any impact on the dry buildable area of the newly created lots? Gaffron replied that the dry buildable will be sufficient. Motion, Ayes-3, Kelley, Cohen, Nays. #1479 DOUG NILLIAMS b LECY CONSTRUCTION INC. 1020 TOWRANA ROAD VARIANCBS CONTINUATION OF PUBLIC HEARING 8:50 P.M. TO 8:55 P.M. Mr. Jurgen Stielow was present for this matter. Gaffron provided the Planning Commission with the information regarding the revised plan proposed by Mr. Williams. Mrs. Marge Gasch, 1030 Tonkawa Road, wanted to be sure that grading would occur to alleviate the runoff coming from this property onto her property. Mrs. Gasch said that all of the water coming from this property runs through her pumphouse. Kelley questioned whether it would be necessary to approve grading in the 0-75' setback zone? Gaffron said it is not clear whether that may be necessary, he has asked the applicants to supply additional grading plans for the C;_ty Engineer's review. Gaffron said after talking to Mrs. Gasch, he is questioning whether it may not be better to bring the drainage to the center of the property and allow it to disperse from there. Kelley noted that grading will have to occur once the existing house is removed. There were no comments from the public regarding this matter and the public hearinq was closed. ZONING FILE NO. 1475 CITY OF ORONO NOTICE OF "LANNING COMMISSION ACTION P.O. Box 66 Crystal Bay, MN 55323 473-7357 Date of Notice: 1/17/90 --------------------------------------------------------------------------- TO: John McDowell COPIES TO: Charles Hayssen 4045 Bayside Road 4135 Bayside Road Maple Plain, MN 55359 Maple Plain, MN 55359 --------------------------------------------------------------------------- TYPE OF APPLICATION: Subdivision --------------------------------------------------------------------------- DATE OF MEETING: 1/16/90 VOTE: (As below) Planning Comission recodends the following: Approval subject to conditions noted below NOTES AND SPECIAL CONDITIONS: A. I.ot line rearrangement proposal recommended for approval on a vote of 5-0. B. I.ot split recommended on a vote of 3-2 for approval per "Option A" scheme of January 11, 1990 memo, with the following conditions: 1. Designate Bayside Ridge Road on the plat drawings as an outlot rather than a named road. This outlot road and any other outlots created within the subdivision are intended to remain in private ownership and be privately maintained. (Since under the first three schemes noted above, no additional lots will be created that access to Bayside Ridge Road, it would appear that under current policy, no upgrading of Bayside Ridge Road is required as part of this subdivision.) 2. Lots 2 and 3 shall he served by private access driveway/easement through the White property to the north per the recommendation of Hennepin County. 3. Standard Park Dedication Fees shall be paid for Lots 2 and 3. 4. Standard Drainage 6 Utility Easements to be shown on the plat drawings. 5. Prior to filing of the subdivision, applicant shall satisfy the City Attorney that proper legal access through the White property is provided. 6. Setbacks and lot line designations for proposed Lots 2 and 3 are as shown on attached exhibits. Applicant's next scheduled meeting is confirmed as: City Council Monday, February 12, 1990; meeting starts at 7:00 p.m. If y-)u desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. THOMAS L. OWENS ATTORNEY AT LAW 1512 FIRST BANK PLACE WEST 120 SOUTH SIXTH STREET MINNEAPOLIS. MINNESOTA 55402 (612)338-2919 January 23, 1990 Mike Gaffron Assistant Planning and Zoning Administrator City of Orono 1335 Brown Road South Wayzata, MN 55391 Re: Proposed Plat of "Bayside Ridge" My Client: Robert P. White 4245 Bayside Road Dear Mr. Gaffron: I would appreciate your sending me at your earliest convenience a copy of your Staff Report and the Notice of Planning Commission Action regarding both the Parten and the McDowell preliminary subdivisions. Sincerely, Thomas L. Owens TLO/eh Enc. c: Robert P. White 4 n JAN 2 51 To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Michael P. Caffron, Asst Planning & 7oning Administrator Date: February 22, 1990 subject: #1475 John McDowell/Charles Hayssen, 4045 - 4135 Rayside Road - Preliminary Subdivision - Resolution App11cat ion - Lot line rearrangement between 2 homestead parcels and subdivision to create two 3-acre building sites. Zoning District - LR-lA, single family lakeshore residential, 2 acre, unsewered List of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Discussion - Planning Commission Planning Commission Draft. Resolution Memo & Exhibits of Minutes 1/16/90 Action Notice 1/17/90 1/11/Qn Please review the memo and exhibits of January llth, and the Planning Commission recommendation. Briefly, the applicants are proposing to rearrange the lot line between their two homestea(? Parcels. Additionally, McDowell is requesting to split the adjacent existing 6.6 acre parcel into two 3-acre lots. The attached exhibits document the issues regarding access to the property. The existing private easement road access to the Hayssen property and properties further youth, is partially owned by Mr. White to the west. White contends that the McDowell vacant property and the Hayssen and Alt properties do not have legal access across White's land to get to Bayside Road. McDowell has title insurance guaranteeing those accesses. White has agreed to allow Hayssen and Alt (new homes built in the last 2 years) to use the private road, but would deny the 6.6 acre McDowell parcel any access. White would agree to grant McDowell an easement driveway further east along Rayside Road. Planning Commission Recommendation - Planning Commission discussed the merits of the subdivision as proposed and made the following recommendations: 1. On a vote of 5-0, recommended approval of the proposed lot line rearrangement Fetwepn Hayssen and McDowell's properties. 2. On a vote of 3-2, Planning Commission approved Option A, (Exhibit F of the January 1lt.F memo) with the following conditions: Zoning File #1475 February 22, 1990 Page 2 of 3 A) Designate Bayside Ridge Road on the plat drawings as an outlot rather than a named road. This outlot road and any other outlots created within the subdivision are inten3ed to remain in private ownership and be privately maintained. (Since under the first three schemes noted above, no additional lots will be created that access to Hayside Ridge Road, it would appear that under current policy, no upgrading of Rayside Ridge Road is required as part of this subdivision.) B) Lots 2 and 3 shall he served by private access driveway/easement through the white property to the north per the recommendation of Hennepin County. C) Standard Park Dedication Fees shall be paid for Lots 2 and 3. D) Standard Drainage & Utility Fasements to be shown on the plat drawings. F) Prior to filing of the subdivision, applicant shall satisfy the City Attorney that proper legal access through the White property is provided. F) Setbacks and lot line designations for proposed Lots 2 and 3 are as shown on attached exhibits. In their minority vote, Cohen and Kelley indicated that access is the issue, and they felt access to the 6.6 acre parcel should come from the existing roaM, not from an easement further east directly to Sayside Road. They felt that the City should take whatever steps are necessary to have the two new 3.3 acre lots access over the existing private road. This concept is strongly supported by the Hennepin County Department of Public Works in their letter of January 3, 1990. However, the legal issues in makirg tfis access viable could be expensive and time consuming to resolve, and remember that the City does not have an underlying rcid and utility easement for the existing private easement roael Staff Recowarendation - The Ccuncil's options are as follows: 1. (;rant prel iminar / plat approval per the P1 anr.ing Com..O -;sion recommendat ion for both the l of l ine rearrangement and the lot split, per the conditions noted ab, ve (resolution atl a, hed). Zoning File #1475 February 22, 1990 Page 3 of 3 2. Grant approval for the lot line rearrangement as a separate action, and table the lot split for further review. (Applicants wish to proceed with the lot line rearrangement regardless whether the lot split is approved.) 3. Approve the lot line rearrangement, deny the lot split. 4. Table the entire application for further review. If tabling occurs, please clarify for the applicant what additional information is needed or under what conditions Council will consider granting approval. 5. Other. A resolution based on the Planning Commission recommendation (Option 1 above) is attached for Council review. i�rJ MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 explained this application for an after -the -fact conditional use permit and var- :e. Acting Mayor Callahan asked whether the efforts to keep drainage away from the doorway to the basement was successful? Gaffron replied that the drainage swale seems to be working. Councilmember Goetten said that Mr. McCourtney should be placed on notice that she has concerns about the hardcover existing on this property. In regard to this application, Goetten said that she wanted confirmation that a walkout was not created and that Mrs. Lindstrom's concerns about drainage had been addressed. Mr. Wenkus said that Mrs. Lindstrom was concerned about the drainage problems that would occur if the grading and excavation had not been done. He said that the work that has been done seems to have alJeviated the drainage problems. Mr. Wenkus said that the house does have a walkout in the 75-250' zone and it was approved with the building permit. Councilmember Goetten asked Mr. Wenkus to remind Mr. McCourtney that he contact the City for anything he wishes to do on his property. Mr. Wenkus said that he has been working with staff to comply with the City's guidelines. It was moved by Councilmember Nettles, seconded by Acting Mayor Callahan, to adopt Resolution =2761., approving the conditional use permit and variance for land alterations within 75' of the lakeshore. Motion, Ayes-4, Nays-0, Motion passed. # 14 7 5 J OEIN MCDOWELL 4105 BAYSIDE ROAD PRELIMINARY SUBDIVISON RESOLUTION #2762 tie review of this Mr. John McDowell was present for application, as was Mr. Charles Hayssen. City Administrator Bernhardson provide_. Coancil with a brief summary of this application. He noted tnat access is the main issue involved with this subdivision. Councilmember Goetten indicated that access to these properties was a mess. She asked why a mutual agreement could not be reached by everyone involved? She said that this arrangement was not good policy or planning and should not be approved. Acting Mayor Callahan noted that the private driveway being used by White, Rezabek, Alt and Hayssen should re upgraded due to 14 MINUTES OF ORONO COUNCIL MEETING OF FEBRUARY 26, 1990 the number of houses on the driveway. Mr. McDowell replied that the property was subdivided years ago and is not involved with this subdivision. He said that White, Alt, Hayssen and Rezabek want to keep the driveway as it is. Acting Mayor Callahan asked CouncilmembPr Goetten what alternative she would propose in lieu of what Mr. McDowell is pcoposing? Councilmember Goetten suggested Eminent Domain and asked City Attorney Barrett for his )pinion in that regard. Barrett replied that the City has the legal right to condemn any road for public access. Acting Mayor Callahan asked about the purpose of Outlot B shown parallel to the existing driveway. Gaffron replied that the City is taking the oppo- ty to create a road outlot with Mr. McDowell's subdivision. Mr. "Chip" Hayssen responded to th- question regarding the property owners working together to solve this problem. He said that what is being proposed represents a compromise and agreement on behalf of the affected property .)wners. He said they have resolved the problem amongst themselves, but the Council is not accepting the solution. fir. Hayssen indicated that he could see no reason for Outlot B. He said th'' it is located in an area where there are many mature trees gr ig. Acting Mayor Callahan suggested that it may be best zo have Outlot A extend to the end of the property. He said that it would be necessary to condemn th(- portion of the White property that would be used to access Bayside Road. Callahan agreed with Mr. Hayssen that nothing could be done in the future with Outlot B. CouncilmembPr Goetten asked if access should not be considered for the White property which will more than likely subdivide in the future. Callahan replied that the City could address that issue at the time that Mr. White submits an application to subdivide. He said that if Mr. White gives the City the portion of the road that he owns, Outlot B will still serve no purpose. Outlot A should provide whatever access is necessary. It was moved by Acting Mayor Callahan, seconded by Councilmember Nettles, to adopt Resolution #2762, approving the Preliminary Subdivision for John McDowell, with the exc-ption that there be no Outlot B. Motion, Ayes-4, Nays-U, Motion passed. LAK 3F111. CS LEONARD, STRcc.' AND DEINARD U O.I•.O•sl•• . C.• [ ■1C.C, •LL[h f•[.f .L'c. r .r••o• »Or•s0 r[.rst•G• r.[0[.•C•. r O..is r •»(.r•.• 10.w C .ul.. G[01.0[ •[ALL.' ■..OL[, GM1L•h a.v'0 . COT• r.■,»• C s.•.O' s T[•rl. • •/L•ur• o•ri0 h »N.Cs G[O■G[f reGu..1011 l■ •Os(•,L D.r•, ■�[�. �G .r Y�. l• .rG[.. .. Op.r•r. •.... s'...m. •r[sG suu•.G' d..l.... dos[•. . r..L[,' sT(+.. D D.■u„[.• .Ar •CNCC . r19LD s,[►••[. l 0•v cso.' t.•uG . ...o r roc*slt1oc.• .•■. • L .DG.[IT Su TE 2300 150 soul,, "" H STREET MINNEAPOLIS. MINNE SOTA rj' 5402 TELEPMONE 61Z, 35 5CC FACSIMILE 16,: 335 657 Mr. Thomas Bergqu2st Sathre-Bergquist, Inc. 150 South Broadway Wayzata, MN 55391 September 19, _�9J, Re: John D. McDowel. d, Ridge Our File Number 3-06 DeaL Tom: r.C.•tL L Q•D[ .ILL— L G■L[.[ LO.t. + STO•Ti ST[v[w L s[LTC. ool,G.•s • : •[[ws.•c .r,t. •• s•c.r•r [lLtw S•r NO. r•.0 D s1r•SOh r. •G••[,r + L.1+suW s.•uh C rc(L.•TTOr moo ..I w•T•i.•. so. •r[s s[■T..rD s.t rlC..tL G 1•110• •[.(■ [ fC.�Is•, lo... G[Ts'.G[■ •w■E.CE • sC•[rr- ,ror•G • s.h0[■! rlph•LO. sC•<. '' •Os[•, iCGLOv�Tc. CAROL'. II .G..w•. G.[GG d C•V•r•G. .•r• r •.�[ G•[GO•TC moo.. sus... •o■I.c■ — Ocs.• c s*•[»Lo+ Gw•G[ s L[u.••o an 'sss. 'moo ..C..L. • coa(. UIIE0'C• a[. •.] Nf.. IT -CI .q TGE..[-■[.T .Fos s 0r....0 J•s I"s' v ■G�_s CO.[ C•T.sosc.[c _ riC»ELL, • LLr■ .■L.c sco" .[. h�r(r • • D•h'Il Y s.TO■ius 'MRITER S DIRECT DIAL NUMBER (61.: ` -1594 Enclosed pleas, find title op.L-.:), covering Tract D, R.L.S. No. 540 and the pc- of Tr •* A, . l.S. No. 748 owned by John Mc!)owell. I Rm pals to John Mu�jowell who will submit them to tl, together with the final plat. Please gig• • of furt7her asF • -a. Cti\jk Enclosures cb\bergputst..tr yju have any questions, or if I may Very truly yo:.:r6, LEONARD, STREET AND DEINARD B-! ;,atharinP Boschee LAW OFFICES LEONARD, STREE AND DEINARD aloN[.IowaE+• ROMA,LEWIS RiRROVTs• SUIT!. 2300 S1DM[. S.RROW{' .(NT [ aICMa. ISO FIFTH STREET .ARO.aD r40 .+' a�t.Awu. wlaEN[R SOUTH ALl[M S.[.{' •.YGM Y YA.NA+D' MINNESOTA 55402 •.o..sa•tr{aaa rwaD[alcA«.oaRla MINNEAPOLIS• .ORRIS. SM[wrAN' JDMNC .Ya.M GiOwOa anLl•• 80A0L91J CILIA. TELEPHONE 16121 333 1300 .*Its . a..MN .ICMAtL A Na.ICM• —ION cc...- .AwT..0 {+AND• FACSIMILE 16121 335--657 STI..(. • 41lAYM' DAVIO M . —as MA+Eta A YAT{• CAROL. C.ALN[+S .OW/L. J MO11000.• JANC% V ACTM- GLORaa r MCGUNNIOLE .+' 008CRT I D.— NICMARO a .tNN ,a •NOEL. Y so..ANN r Nta+IC • +OSINGLA'. ROGER.. ♦..vls• GTRON E STAR.{, JAMC$ a GULLANO' .OMft. .ER... „o{(.N . rIYLET• STEVCN D O.RY.•tw• LAWNEMCL J I-C" September 17, 1990 .•T.LI�M Y a+AMA. r.wA ! w[Irj• ST[..[M I sA JI OfON• OArlO L LPL LLMAVa ST[RMINw IIT.AN' DArID .ANTOw aA.10 C LL.• AN.. CMaISn t OWARO . .0cosraLOCA, MARK • LIMOCR(M '.brlfY..0 cW.••H..plf .1CMAEL L scoot «ILLIA. L GRC[NE IOWCLL r STORTS STEVEN L MILTON 3OUGLAS a G+[INS.-I .ETI+•' GAC.YAN [IL[" G l.r.sOw MARC O Sr.SON r•wGAa[• r N rN.[NAUAG $MAL•N C YC[L"ATTON ROSANNE N.T.ANSOM J..[{J SEwT+AND SME011+11, .NUT. O[LEMA." .ICM.EL G T "Ow .[TER [ SCMUS.T JONM W Ut TSINaIw L.AW+INCC . SCMAEI[R T.OMAS ► SA.OEas RONALD1 SCMULTE w0{[w1 2[DLOVITC. CAROLYN PP,WOLSaI TIYOT., W[ICM 3T[V[N J wIMOS10 r•+laa � C-VAMAOM JA.A . .+I2 a EGORY C GROWN i USAN . w081M90 Ot M.O SiwIMLOW GtORGC 0 IEOMAROI SIR 906 .1O . A IA1 A+TMup I . STREET ATT N• YICMA[L a COME" G[MCOICT DEIN.RO - NA N• NANCY WILTG[N +CIGaaT ..OS S O[IN•+O - As* NS V111101NIA a COME CATMARINa GOSCME[ YKM[LL[ A YILL[R Iw[ME SCOTT TIMOT"V A .L•I+aOM DANM D IOTM J[NMif[a A .Asa OAM1[L . SATONIUS GLAII[ {M[R.wO IN W —.ff• WRITERS DIRECT DIAL NUMOER (� 335-1594 City of Orono P. O. Boa 66 Crystal Bay, MN 55323 Attentio•i: Michael Gaffron, Assistant Planning and Zoning Administrator Re: Approval of Plat at 4045-4135 Bayside Road, File No. 1475 Dear Si::; : We have examined title to the following described pro.,;rty located in Hennepin County, Minnesota: Tract V, Registered ,and Survey No. 540, by aid of a fallowing: 1. :;ondition of Certificate of Title No. 68180E da3:,ed August 28, 1990; and ? . Certificate on Judgment Lien, Internal Re4 s Tax Liens, State Tax Liens and Bankruptcy Dockets dated September 6, i990, 7:00 o'clock a.m. with cespe,:t to the names "John D. McDowell," "Mrs. John D. McDowell," and "Laurie D . McVo'w v.: a 1 P. " Copier; of these documents are enclosed for your information. Based only tipan our examinatiL:: of said Condition of Certificate of Title and said Certificate, and not upon the files and records in said County and State, it is our opinion that title in fee &;.zpie on Augusti 28, !990 was vested in: John D. McDow-•:1, city of Orono September 17, 1990 Page 2 subject to the following: 1. Mortgage in favor of Investors Savings Bank, F.S.B., Minnetonka, Minnesota, dated May 28, 1986, filed for registration. on June 20, 1986 as Document No. 1733085, in the original principal amount of $125,000.00, as corrected by Corrective Mortgage in favor of Investors Savir.ls Bank, F.S.B., Minnetonka, Minnesota, dated May `,b: 1986, filed for registration on December 16, 1986 as Document No. 1785062 to correct Mortgage Document No. 1733085. 2. Declaration dated June 17, 1987, :ilea or registration on July 30, 1987 as Document No. 1857047, creating covenants, conditions, restrictions and reservations. 3. Declaration dated August 5, 1987, filed for registration on September 17, 1987 as Document No. 1872448, creating a restrictive covenant. 4. Mortgage in favor of Ridgedale State Bank, Minnetonka, Minnesota dated February 8, 1988, filed for registration February 17, 1988 as Document No. 1909163, in the original principal amount of $99,000.00. 5. Declaration dated February 9, 1989, filed for registration on February 10, 1989 as Document No. 1993868, creating a restrictive covenant on other land for the benefit of the described property. 6. Real estate taxes and installments of special assessments payable in the year 1990, if not yet paid. Note: Second half taxes are not due until October 15, 1990. 7. Spec.i ,sessm-rits and deferred installments tt,areof, if at _evied or pending against the described pro- perty. P. 3uilding and zoning laws and regulations and other laws, regulations and ordinances directly or indirectly affecting the use of the described property. 9. Facts that would be disclosed by an accurate survey of the described property. 2 City of Orono September 17, 1990 Page 3 10. All rights in public higuways upon the described pro- perty. 11. The rights of parties in possession, whether as tenants or otherwise. 12. The rights of materialmen and laborers who may have furnished material and performed work on the described property within the last 120 days. Very truly yours, LEONARD, STREET AND DEINARD ��By 2. � � R.)Y1. -Fredtic T. Rosenbiatt FTR/jek Enclosures cb\oronoA t2 3 NC 1030 S1Qf d MMlMk CM d ftM This Is to certify that CERTIFICATE OF TITLE NO. 681808 1316T RICT COUNT N. (e) 7400 - Transfer from No. 469458 Originally registered the 18th day of September A. D. 1946 Volume 350 Page 107896 REGISTRATION John D. McDowell, 4045 8ayside Road, City of Orono. County of Hennepin. State of Minnesota in now the owners) of an estate In fee simple of and in the following described land situated in the County of Hennepin and State of Minnesota, to wit: Tract D, Registered Land Survey No. 540, Files of Registrar of Titles. County of Hennrpin. N! �011 : 6P1E Subject to the encumbrances, liens and interest noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, as provided In the twenty-fourth section of "An act concerning the registration of land and the title thereto" of the General laws of the State of Minnesota for the year 1903, and the amendments thereof, namely: ►. Maas, dolma or rights arising under the laws Of the constitution of the Untied States, which the sletulee of this stale cannot reRwira to appear of record. !. The too" of ony real property tam or spatial assessment for which the land has net bean sold at the date of the certificate of title. 7. Any lesse for a perlad not exceeding three years, when there Is eclual occupation e1 Iha promises under the lease. 4. AN rights in public lrsghweys upon the land. S. Swch right of appeal or right to appear and contest the application as Is allowed ►y low. a. the rights of any petters In possession under dead or contract for dead from the owner of the cartlacese of title. 7. Any outstanding mechanics lien rights which may ealsi under sections 514.01 le $14.17. That the said John D. McDowell to of the age of 44 yeate, is um:,arried and is under no disability. OF 16 DOCUMENT KIND OF O, NYMe[II INaTIIUMENT ANY 28 IN WITNESS WHEREOF, 1 hsvo honsunto subscribed my name and eflixod the seal of In;- afte this Twentieth day of Jllna 1986 R. Den Carlson Registrar of Miss, In and fa the County off Hennepin and State of Minneseta. MEMORIAL- 1 GIS ON THI LAND DISCRIRED 1N THE CIRTIFICATE n[ ttl.,■ u■s— DEPUTY NT OATS OF REG167R Y��• Y•wll, Oq Yq, 86 tun 20 1986 18.51Il�1. �►, :��7 l u� t1T10N_ — AMOUNT - RUNNING IN FAVOR or $IONAT UeE OF DEPUTY 11[c"O All 11 — :125000.00 Investor+ Savings Bank, F.S.B. Minnetonka, !tH _ -�— qR ovan COUNlY OF twp..IFS'IN TO IW I'• r (': )1 'i N I +1 t -I- TI IF V; t;F.IEIi A", rLtl'IF,,V!TIIIN FILE It! l I I,. I If I If F t ir I I IE Ri.GI '1",TF' 11- r 11 1111_ :, cir � THE rA i ii j REGIS 61i 11 f I Ely _ — ILvuIIY 07 681808 DOCUMENT N UNGER KIND OF INSTRUMENT OAT. Of -jwT..m!"T O. V.., f, Ifop Net REGISTRATION DATE OF REGISTRATION — — - — -- O. I T.. I .., 17 /0 AMOUNT RUNNING IN FAVOR OF Dapury -- -= ==- L:-- ISIGNATUR NeG 00 f/i Lkaua - L-"4n jq9,38410 9 Im 14,.d lo Ift 9 - 681408 Um— 2218 of Ni Uov.11 o.mv to I SIATE of WUNIS01A. COU1114 of HEOWERN &I s 540 FORMA, J 81 N$0—h9'T6o Verified by l CERTIFICATE ON JUDGMENT LIEN, INTERNAL REVENUE TAX LIENS, STATE TAX LIENS, AND BANKRUPTCY DOCKETS THE COMPANY ; IEREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockets in the following named Courts. District Court, Fourth Judirial District, Hennepin County, Minnesota. United States District Court, District of Minnesota, Fourth Division, and finds no hanAruptcy procPed!ngs and no unsaushed ludgments appearing therein against the names hereon berwven the dates set opposite the resprctrve names. except as shown hereon THE COMPANY FURTHER CERTIFIES that if has made a search of the records in the office of the County Recorder, in and for Hennepin County, Minnesota, and finds no unsatisfied notices of Internal Revenue Tax Liens, and no unsatisfied notices of State Tax Liens, filed or recorded in said office against the names hereon, between the dates set op;,csit the respective names, except as shown hereon. /Note Where any name .ippears hereon with a middle initial, no search is made as to anv names having middle initials different from that shown hereon.) John D. McDowell Sept. 5, 1980 Sept. 6, 1990,7AM Mrs. John D. McDowell Sept, 5, 1980 Sept. 6, 1990,7AM Laurie McDowell Sept. 5, 1980 Sept. 6, 1990,7AM [1dt�'�1 d! Minnr•,71 �i!h5, (his F't h day of September 7 90 TITLE INSURANCE COMPANY OF M/NAIESOTA Asst. Secretary LAW OFFICES LEONARD, STREET AND DEINARD flor[TLc•.[• ROBERTLEWIS .A..OWS' SUITE 2300 MICHAELL 119RO[ SIO h[+.AN.OWf' .CNT [ WC.E, -DWELL V STC.Tt w•.OL3 rt.D .R RICHARD ., w[G[MC• 150 JOUTH FIFTH STREET 3O. LAS• GREE.S.AC. •LLCN S.CAS' •UGM M MATNAND' ILL[" C SAY.SON +.0.AS D rtlN.lwG• rwt0[RIC• W Yo.w1S MINNEAPOLIS. MINNESOTA 55402 ..Or A.t+N TAN TAL.[.90 .()..'a N SwIwY.M' .OI.MC .U[N. wOSAMM[ "I'" ISO' GORGE NUl Y' G.AOL[T� GILLAN TELEP.O1NE 161?I 335 1500 3...*I L .NUT. C MA WLES A RATION MICHAEL A N[AIC.' MICHAEL G TA T LON DAVI0 COA' MA.iwAC ..AND' FACSIMILE 16121 335 1657 .O.NW GE 'S LAGER St[Aw(w • AILAUM• OAVIO M ..TN(f +.OY.3 . f1MOCwS C..wLESA MATS' CA.OLIN C.ALMEw. •O.[w. 2[GLC TiTC. LOWELLv wOT[.COY• !AM[f v .DTI.•',.Or-' W[LCM GCONGt r M ..yNN 1t •' •O.U, - OrM•• :wEGG CAVANAG. .IC.A.D G •E•w ,A •.O[L. Y p.MA.N Gw[GORT c .wOwN r.[O.1C • ROSENBLATT' wo.[w, w ♦.AVIS' SUSAN IN wO.INLR .TWO: E ST• HS• AWgS G BULLARD' 3[... G STWE r LOW '0... .. to... SOS[... M I1.L [.' .[D[w A .ARSON S Tt Vt. D 01 WT,L w• L.RRE.CE I 'IELO September 17, 1990 r.C.AE, . CO.t. A Mt3 N Dowse, DAVID W .[LL[T MA MC. WIl-Ga..[I.[., .ATMLL[N M GR•.•M YAw.f REITZ. 1.G1N1A . COME ST[wN(M D. VIOSON' OAVIOL LILL[MAUG CAT.ARINE.OSC.C[ ...... A - •N OR V10 MA "TO* M1C.ILLE A MILLER O.v10 C IAL. •M .MG[LA Y CM wIfTT TIYOTN• A M[T[RSOM 90WANO M MO[Nf/ILOEW• YA..A LINOOR[M •KMM'few A IAA• '.AVMLuw.l <o..o..•o.• .L..L S.[.A.O ... WIL LIAY L GWC[M[ S r[V[w L .(L•Ow .[, C. M SAC.... MARC 3 S' SO.. S1..UN C YrCLI.ATTOIT .AMtS, .EwTWAND NAw. M OILEw.NTT .[T[w E SC""": •AW.[NC[ . SC.L/[A .ONA,.I SCHULTE CAROL— v 101.111 STrVIN. RIw0f16 .AMA N .wlt I.f. ,wuw L . fTwl[T 1.n •..Ii S[.[o.c• O[1.4401•.N �9691 AMOS S Of 1MA1101•wN "%I .C.t SCOT, DANILL w IOTM D AN1[L SAT O.IU. WRITERS DIRECT DIAL NUMBER (612) 335-1594 City of Orono P. O. Box 66 Crystal Bay, MN 55323 Attention: Michael Gaffrcn, Assistant Planning and Zoning Administrator Re: Approval of Plat at 4045-4135 Bayside Road, File No. 1475 Dear Sirs: We have exami:ied title to the following described property located in Hennepin County, Minnesota: Tract A, Registered Land Survey No. 748, except that part of said Tract lying Southerly of the following described line: Commencing at the Northeast corner of said Tract A; thence Southerly a' , the East line of said Tract A a distance of 468.44 feet to the Southeast corner of said Tract A, which is the point of beginning of the line to be described; thence deflecting 81 degrees 44 minutes 44 seconds to the right a distance of 425.39 feet to the West line of said Tract A and there terminating, by aid of the following: 1. Condition of Certificate of Title No. 704685 1/2 dated August 28, 1990; and 2. Certificate on Judgment Lien, Internal Revenue Tax Liens, State Tax Liens and Bankruptcy Dockets dated September 6, 1990, 7:00 o'clock a.m. with respect to the names City of Orono September 17, 1990 Page 2 "John D. McDowell," "Mrs. John D. McDowell," and "Laurie D. McDowell." Copies of these documents are enclosed for your information. Based only upon our examination of said Condition of Certificate of Title and said Certificate, and not upon the files and records in said County and State, it is our opinion that title in fee simple on August 28, 1990 was vested in: John D. McDowell, subject to the following: 1. Quit Claim Deed dated November 14, 1960, filed for registration on December 1, 1960 as Document No. 643950 in fa:_., of Edson White Spencer and harriet Stuart Spencer, as joint tenan::s, granting an easement for private driveway purposes over and across Tract F, R.L.S. No. 748 and other property, which easement shall be appurtenznt to Tracts A, B and C, R.L.S. 748. Note: The validity of this easement is the subject of the dispute described in our letter dated November 9, 1989 to Michael Gaffron, a copy of which is attached for information purposes only. 2. Declaration dated June 17, 1987, filed for registration on July 30, 1987 as Document No. 1857047, creating covenants, conditions, restrictions and reservations for a period of 50 years from June 17, 1987. 3. Declaration dated June 17, 1987, filed for registration on July 30, 1987 as Document No. 1857048, creating a restrictive covenant. 4. Mortgage in favor of Ridgedale State Bank, Minnetonka, Minnesota dated August 10, 1989, fled for registration October 31, 1989 as Document No. 2049931, in the original principal amount of $200,000.00. 5. Real estate taxes and installments of speci .1 assessments payable in the year 1990, if not yet paid. Note: Second half taxes are not due until October 15, 1990. city of Orono September 17, 1990 Page 3 G. Special assessments and deferred installments thereof, if any, levied or pending against the described pro- perty. 71 Building and zoning laws and regulations and other laws, regulations anal ordinances directly or indirectly affecting the use of the described property. 8. Facts that would be disclosed by an accurate survey of the described property. 9. All rights in public highways upon the described pro- perty. 10. The rights of parties in possession, whether as tenants or otherwise. il. The rights of materialmen and laborers wno may have furnished material and performed work on the described property within the last 120 days. Very truly yours, LEONARD, STREET AND DEINARD By, " (� FYIc TL Rosenblatt FTR/jek Enclosures cb\oronoA tr LAW OrrICES 40r[• l0•N •' w•DplO D r.[l0 �•' •lll« Yt U' /wor•to rar{t.G• {[O.OI ■Ill •' t.••lt\ • YI.OY 0•r�0 • CDl• {nM. • AI�V.• I.t O•IC • ■O{tY{l.n• G'.0. t {•.••{' ,a... .f•... {•lrt. { D.•Vrrt•• V.rlf • {p•f(• D. r�O C Yl•• LEONARD, STREET AND DEINARD t0...0. .mas,[loca- ■lr• L •K n(• .wG. r •■D• I•l DI.K..r.0•■I► AD IT C •wl.. {•.Ol[• I G.11.r ..Cr.(l • .'..C.- ... IN. C .....D r..t{r •o••• .MC, ll. IN .prr•rr ITT JO{I ••. I �. i t LA.■(.C[ J r.[lC 0 r 0 • a(llf.• tur�o l uatn•uc yrlD ur•O■ '.e (. •M.....rwY. • rw • Mr. Michael Gaffro, Assistant Plannina_ C'!y of Orono P. O. Box 66 SUITE 2300 ISO SOUTH rIrTM STREET MINNEAPI)LIS, MINNESOTA 55402 TELEPHONE 16121 335 1000 r ACSIIWILE 16121 ]» 1657 November 9, 1989 and Zoning Administrator Crystal Bay, MN 55323 Dear Mr. Gaffron: .t.Cr.I. L {[-DI l O.11l .:to. " [llLr 4 Y.r{O. ..m••n . r•. T` pA1 a ."t-. Cr..{T• z.. • L.,.D4.[r Y •Yt ..•... ACM. .IC..(L IT r.•l0. A"— IN DnL'rt■ r•.D..s . {..MIDI R\ 00t,9■1 UGLOw"C.. I.0•.• lrtlC. {•[GO••C {VYr III1.0{�w[■ DL D.. c N■lh0. =C• rn•4[« rc.eco, r.■G... { CO.1 1..0t..e • .t•caso. r••C D \rMC« 0.... C r. (...^p. LA.■I.C[ I K..[Il. '1•.lDr K.r. •7 •■•.v.. . . I•.I(• .(.ID.C• 041...� •0. ..• MOt \ Dl...0 ... ... .•t.1 .CC— r P.•.-C. K.."t. Y.4, 0 r0•. 0.••[. r Y-o.•u\ IN, - WRITER S DIRECT DIAL NUMBER (612) 335-1543 Our firm represents 7ohn D. McDowell. Mr. McDowell owns part of Tract A, R.L.S. 748 and all of Tract D, R.L.S. 540. Charles and Helen Hayssen own Tract B, R.L.S. 748 and part of Tract A, R.L.S 748. As you know, Mr. McDowell and the Hayssens have agreed t— replat their property to effect a lot lint- rearrangement. I am enclosing for your information a copy of the proposed plat. I am also enclosing a copy of a Quit Claim Deed dated Novembe- 14, 1960, creating a driveway easement for the benefit of Tracts A, B and C, R.L.S. 74H. Mr. McDowell pur chasc -cts A, B and C, R.L.S. 748 frcr.I Edson and Harriet Spender 1987. In connection with that purchase, Minnesota Title issued Mr. McDowell a title insurance policy expressly insuring the driveway easemen` as a 11id appurtenant easement benefiting Tracts A, B and C, K.L.S. 748. rir. McDowell subsequently sold Tract B and part of "act A to the Hayss•:ns and Tract C to James and Marie Alt. nesota Title examir 1 title on both occasions and issued policies to the Haysse.ts and the Al#s insuring the validity of the driveway easement. As you know, Robert White has challenged the validity of the easement. We ha a referred the matter to Minnesota Title. If it is determined.that the original grant was ineffective, Minnesota Title will have an oblig•tion to taxe •,thatever steps are r.ezes ,ary to secut- a valid driveway easement. Mr. Michael Gaffron November 9, 1989 Page 2 Rather than delay the approval process until this d;-pute is resolved, we suggest that the Planning Commission and the City Council approve the proposed plat subject to the condition that Mr. McDowell demonstrate legal access over Bayside Ridge Road to County �o. 84. '.ease give me a call if you have any questi- regarding this Very truly youLs, LEONARD, STREET AND DEINARD By F redrlc T. Rosenblatt FTR,' j ek Enclosures cc: Mr. John D. McDowell [b\ercow\O&f f ron A t r FORMA— 7 e1 N20-49760 Verified by CERTIFICATE ON JUDGMENT LIEN, INTERNAL REVENUE TAX LIENS, STATE TAX LIENS, AND BANKRUPTCY DOCKETS THE COMPANY ;fFREBY CERTIFIES that it has made a search of the Judgment Lien and Bankruptcy Dockers in the following named Courts. - District Court, Fourth Judicial District, Hennepin County, Minnesota. United States District Court, District of Minnesota, Fourth Division, and finds no bankruptcy proceedings and no unsatisfied lud.Irrrents appearing therein against the names hereon between the dates set opposite the respective names. except as shown herer,,: THE COMPANY FURTHER CERTIFIES that it has made a search of the records in the office of the County Recorder, in and for Hennepin County, Minnesota, and finds no unsatisfied notices of Internal Revemre Tax Liens, and no unsatisfied notices of State Tax Liens, filed or recorded in said office against the names hereon, between the dates set opposit the respective names, except as shown hereon. (Note. Where any name appears hereon with a middle initial, no search is made as to any names having Middle initials different from that shown hereon.) John D. McDowell Sept. 5, 19�s0 Sept. 6, 1990,7AM Mrs. John D. McDowell Sept. 5, 1980 Sept. 6, 1990 ,7AM Laurie D. McDowell Sept. 5, logo Sept. 6, 1990,7AM Doted at Minfwpolis, this 6th dayof September 1990 TITLE INSURANCE COMPANV OF MINNESOTA by Assr Srcrerar� "" CERTIFICATE OF TITLE NO. 704685 1/2 DISTRICT COUNT "w(el 7400 Transfer from No. 696573 Originally registered the 18th day of September A. D. 1946 Volums 350 Page 107896 si k REGISTRATION This is to cortify that John D. McDowell, 4045 Rayeide Road, City of Orono. County of Hennepin. State of Minnesota to new the ownerls) of an estate in fee simple of and in the following described land situated in the County of Hennepin and Stale of Mlnnesole, to wit: Tract A. Registered Land Survey No. 748. except that part of said Tract lying Southerly of the following described line: Commenc at the Northeast corner of said Tract A; thence Southerly along the last line of said Tract A a distance of 468.',4 feet to the Southeast cornar of said Tract A. which is the point of beginning of the line to he described; thence deflecting 81 degrees 44 minutes 44 second• to the right a distance of 425.39 feet to the Wet line of said Tract A and there terminating, Files of Registrar of Titles. County of Nonnepts. Subjod to the encumbrencos, liens and info►ost noted by the memorial underwritten or endorsed hereon; and subject to the following rights or encumbrances subsisting, as provided in the twonty-fourth section of "An act concerning the registration of land elad the fills IMrefo" of the General laws of the State of Minnesota for the year 1905, and the amendments thereof, namely: 1. Uses. dolwe w /left arisiwe wader the laves or the teaslHwlion of the Ynited •lefts, which the stotwtes of this "a seasons red Ito to appoar of record. I. the use at any red ptaporty tax of geclal assessment for whkh the load has net been sold so the Asia of thsxmMlAwrss61lYa. March 1 1 , 19@ 7 R. Amy bow 1w o poried not ootoelMe three loot, whoa share Is actual accwpof ea of she promises wades tha Ina a 4. AN doles in poMk Ideh.,als upon the load. R. Rue► rfehf of appee of rlelst to eppeat sad tonsast the oppilcalien as Is allowed by low. 6. the rises of any Potion Ia possession wader dad ar tows-1 for had from the owner of Oha softlacoft of 011ie. I. Any oasssawdlwe motheaks lion rights whkh asoy asks Yoder sections 514.01 to 514.17. That the said John D. McDowell to f the age of 44 years, is unman led and IS •radar no disability. IN WITNESS Wl*g" p, I have hereunto subscribed my name rod sifised lho $eal of my office h . Thirtieth day of July 1987 A. Dan Carlson Rooistror of Tilles, 1 In and for lhe�C�trJyy of Hennepin and Slate of Minnesas. MEMORIAL ,( /" 7 t �PUTV 1a ISTATaI aAiaaaaa116 d rUAAAae nU nra rAaw• nscre•aan w• tun ru•uIP■te A■ •.••■ ue.■. •.i l.rw D"UN T ftu"S4A nlNe 01 INSTAU014"T NOATs Ni % OF It[OISTRATION__e1cNATUAa ii. v..r �GAY Ni■.■, 10:20 8 _ et F whicN AMOUNT AUN1rIN0 IN IAVOA 01 OF DpUTY 119019T11A11D _ w.■16 D. V.a. 643954 Quit Claim Wad Nov 14 1960 1960— On other lam Fab 211961 6 across Tr Edson Hillte Spencer 6 Harriet Stuart Spencer as jt tenants. Granting an easement_for _priy�_tj drlgjway___�_ be appurtenant to Tracts A. 8 6 C purposes ove easement shall leg Land Sur ey No. 746 Creating covenants, conditions, leS2a1 asc1AKmL"a. Jun_12 1981 Jul 10 1981 2 _.. restrictions 6 reservations for a period of 90-yta_from Jun 11 198E Ian- Juu 1L14QZ_ Jul 10 1967. 2___ AldBedele State Bank�� t _ _Qct _i 19QL llstlt_ ] 13E1 11 240000.1ZQ Lnaka._ tiN __� _ '� • t� o (J as owes eb 704685 YA. MIMMIAL le-11-01 DOCUMINT "UMBRA KIND or INITRUMRNT I.0 LT -1. . DATg OF PRO GTRATION •-s' m-kh.1 AMOUNT PUMPING IN FAVOR or 4"AT N/UTV 19c ia c" 704695 I/i 01011 2364 oww7s- JAII of MONtICTA, AM I y of "towl"N. FAEGRE & B E N S O N 2200-40PWEST :ENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-3001 6.2/316-)000 r ACS­ SUITE �190. 6400 TOWER C 726-3026 0400 NONMANOALE LAAC 6OULEVANO 6100MINOrON. MINNESOTA 90437-I076 4-2 /62,-2200 •.C9­LC 62-22.. su.Tc $00 i 1.0 CONNCCTICUT AVENUE N W W.SH 0TON.O C 20076-4001 202/726-o6s2 TACSIMILC T26-O6S7 October 5, 1990 Mr. John McDowell Burnett Realty -Wayzata Office 315 East Lake Street Wayzata, MN 55391-9904 2600 NCRU6LIC •LAZA 370 6[r[NTE[Nr.. ST6E[T O[NV[N, COLORADO 60202-.00. 302/S62-S9C: rACS— LC S62-S693 .O CA6TCHC.b LONDON CC3M IEt, ENOLAND 07:/423-6 63 TACSIMIL2 622-322• Re: Title Opinion Regarding Property Owned by Charles and Helen Hayssen Dear Mr. McDowell: At the request of Catherine Boschee of Leonard, Street & Deinard, enclosed please find our original title opinion relating to property owned by Charles and Helen Hayssen. It is my understanding that this opinion will be added to the package of documents to be forwarded to the City of Orono in care of Michael Gaffron. Should you have any questions regarding this opinion, please call me. Thank you for your assistance in this matter. Sincerely, Paul S. Moe PSM/dmj Encl. cc: Tom Bergquist (w/encl.) Catherine Boschee (w/encl.) Charles and Helen Hayssen (w/encl.) Charles S. Ferrell 8335w SUITE ISO. 0400 TOWEN SA00 NONMANOALE LAAC 9OULCVAAO ■ LOOMING TOM. MIMNCSO'A 99.37-1076 ear/fry-rroo T•uIM�Lc fr.-rr•. SU-Tc SOO IIAO CONNECTICUT —Ir..c N w wASN—OTON.0 C 20030-AOOI ror"r•-osfa ..CS —Lc 786-oos, FAEGRE &. BENSON 2200 40RWEST CENTER 90 SOUTH SEVENTY STREET MINNEAPOLIS. MINNESOTA 55402-3901 6I1/336 -r000 •ACSIMILc 330-3-26 October 5, 1990 City of Orono F.O. Box 66 Crystal Bay, MN 55323 2800 OCIPUSILIC PLAZA 370 SEVENTEENTH STOCET OENVER.COLORAOO 1110208-A00. )0)/SS4-9900 T.Cs.M.IC S92-5627 .o EASTCHEA. LONOON CC0M ICT. ENGLAND 07-/623-4-67 TACSIMILC 083-1817 Attn: Michael Gaffron, Assistant Planning and Zoning Administrator Re: Approval of Plat at 4045-4135 Bayside Road, File No. 1475 Dear Mr. Gaffron: we have examined title to the following described property located in Hennepin County, Minnesota: Tract B; That part of Tract A lying Southerly of the following described line: Commencing at the Northeast corner of said Tract A; thence Southerly along the East line of raid Tract A a distance. of 468.44 feet to the Southeast corner of said Tract A, which is the point of beginning of the line to be described; thence deflecting 81 degrees 44 minutes 44 seconds to the right a distance of 425.39 feet to the west line of said Tract A and there terminating, Registered Land Survey No. 748, Files of the Registrar of Titles, County of Hennepin by aid of the following: 1. A Condition of the Register as to Certificate of Title No. 704685 as of September 24, 1990; and City of Orono October 5, 1990 Page 2 2. A Certifica`.� on Judgment Lien, Internal Revenue Tax Liens, Sta-.e Tax Liens and Bankruptcy Dockets dated October 2, 1990, 7:00 o'clock a.m. with respect to the names "Charles N. Hayssen" and "Helen F. Hayssen." Copies of these documents are enclosed for your information. Based only upon our examination of s '3 Condition of the Register as to Certificate of Title No. 704685 and said Certificate, and not upon the files and records in said County and State, it is our opinion that title in fee simple on September 24, 1990 was vested in: Charles N. Hayssen and Helen F. Hayssen as joint tenants subject to the following: 1. Restrictions dated May 29, 1958, filed for registration on June 16, 1958 as Document No. 560527 creating restricitons and covenancs as to Tract B, R.L.S. 748. 2. Quit Claim Deed dated November 14, 1960, filed for registration on December 1, 1960 and on February 21, 1961 as Document No. 643950 in favor of Edson Wtite Spencer and Harriet Stuart Spencer, as joint tenants, granting an easement for private driveway purposes over and across Tract F, R.L.S. No. 748 and other property, which easement shall be appurtenant to Tracts A, B and C, R.L.S. 748. Note: We have been informed that the validity of this easement has been disputed. 3. Declaration dated June 17, 1987, filed for registration on July 30, 1987 as Document No. 1857047, creating covenants, condi,',ns, restrictions and reservations for a pe;- 3 of 50 years from June 17, 1987. 4. Mortgage in favor of FBS Mortgage Corporation, Minneapolis, Minnesota dated December 9, 1988, filed for registration on December 19, 1988 as Document No. 1982579, in the original principal amount of $340,000.00. 5. Mortgage in favor of First Bank National Association, St. Paul, Minnesota dated July 10, 1989, filed for registration on October 30, 1989 City of Orono October 5, 1990 Page 3 as Document No. 2049683, in the original principal amount of $30,000.00. 6. Assignment of Mortgage Document No. 1982579 in favor of GMAC Mortgage Corporation of Iowa, Waterloo, Iowa dated January 15, 1990, filed for registration on February 15, 1990 as Document No. 2074798. 7. Real estate taxes and installments of special assessments due and payable. 8. Special assessments and deferred installments thereof, if any, levied or pending against the described property. 9. Utility and drainage easements, if any, shown on the recorded plat. 10. Those matters not shown by the Condition of the Register as to Certificate of Title No. 704685. All matters not so shown are excepted from this title opinion and include: (a) Rights or encumbrances against the property not required to he shown on the Certificate of Title pursuant to Minnesota Statutes Section 508.25; (b) the rights and claims of persons in possession other than the record owners; (c) matters which an accurate survey of the premises would disclose; (d) mechanics lien claims, if any, where no notice thereof appears of record; (e) general zoning, building and environmental protection laws, ordinances, regulations and restrictions; (f) the presence of hazardous substances, hazardous wastes, pollutants or contaminants not appearing on the Condition of Certificate of Title No. 704685. 11. Rights, if any, of John D. McDowell and Laurie D. McDowell in the property pursuant �o a Property Exchange Agreement dated July 22, 1988, by and between Charles N. Hayssen .and Helen F. Hayssen, husband and wife, and John D. McDowell and Laurie D. McDowell, husband and wife. City of Orono October 5, 1990 Page 9 Please call me if you have any questions regarding this matter. Sincerely, caul S. Moe PSM/dmj 8329w ..*son ...... -.1 R=Zl 4 'dL 10. 1 4. 1. NNE Art • it'o oft-M tfm ol cc AAM Of TATI of HINOWTA. own a "fim"fW .Ls rah CERTIFICATE OF TITLE 4GS5 NO. •s5 0.0"Kr cola we'.. 'a00 l r...I A Iroe .reo. 696 512 a a 45'1 )rtdlnAllr T•tl.t.r•d the .ltn JAW ul S.pt•ea.t A J. lilt :slur K7U P.G. lU/89a So Ig ftwk REGISTRATION Can d Ida it w eutdy *0 Charles N. naf000e aed N•1•n F. Ilaresen as ;alnt t4Yate. J60/ '%1"4 Ave— ioetn. CltW It 410a.aaAll4, —sty of IteWela. Stela of n1—me'ta are now "sueowsl of an sooft M fee litw'I of and in ON Fto ows"I do"14"d Iett! anwtod In the cowlty of 1 ot~pn sad IN" M MWWAM . » wih Tract l; That Pert of tract A :Wtne iuutn•r 1T at aM t.,l loelna vaI ib.d ho n... tn.e.[ comer of aid tI.c. A; Inset• Seat"r l► al01 9 roe LJt Llse ut aAld Tract A • dl:cant• Tuut n.aet nef of aAld TfAct A, rnlCh l: [ne Islet of MelYlae of rho llY to oe JeACr1Md; INK• JAl1•c[lae dl J•ere•e .. Uaut•• .• •AcvMe to tY ✓lent . dle[anc• et .75. Jf IAat [o Ina Wst lip of Bald Tract A aed then urelW tlo/. lselatdred Wd fens► ft. l44. Flla of losletrat of Tltloo. Covet► of eassopte "NY to on atwasoniraw/ed, lido and rotate✓ noftd by she rtae %wW a d01.011MN11 or Noiwd Itasen; and lA p" h Itte febowM ryMe or atnew1lw a suboo ans me ptr.tded in the nasaaty4oweM owtom of "An ut nmeorm y"mVok col 40 Ind ewd tee Nd- 0%ese0 " of rite 0enee41 Ire Of d" 116le *f M6tM~4 fief tfle V~ I "S. and tlae awNatdtnefM/ *mesa. nentd,: 1. t` dor r •tote tom" sew re. ew " tee .arse✓ r re. uwoad owwa, a.erA wa ✓swot♦ r n a ter Wear wean, re "P ae r —..l i lea lit of —1 Weed pW+aw► tee ar tear✓ IWAorewr far .W tes v r ar oee a.ad at Wes are • we Wawiasaa .♦ tree tt tl lam Owa Anr wrly t0� w rd aaamews, "m rra r awl oateee ew of tea Arta e w re. teeea. e Y t1� r Odltt Ndeode wpm tr in" /. ter f r awr p 'ye rert� gp— eed — 0. eepa•As w .nasal belaw • ti nru et ear PW— r ae— Wert dead . — I- ere h— w. — r rti .wirer tie ►. L9a► eelrrdit e..d l Ilr tea .6" Wane, ear Wads r mmeas 514 Of ra t 1 s 17 That the said Charl.e .r. aaTea•n a" Kelso F. sa►.ua are of the oeAa of Js 4 34 ►ears r.e►activl►. Are Yfrtaa to •a0 ot0er aos Are -A.r ne d1u6111t I. 111 1MTtr M tt "MM, I hoes heaeeab f.6—b d " wane oad eM.d Ue aed r or 40m �� dt� 7hl rlluA dqr a/ Jul/ IM7 1. asa ",I — mar df rAW1• w oral he do 17 so Illaa� atd Yale ad llttteoo t MiMONAI � ;,i —c...r,.. Cl [RAIN ufWeF4 as CnAMM Or no LAM NKe n It11 A ntu rNRp ARAf_ e�erewf •iK oI WT w of 4�araWt.1A _—_ asAtweYrouasar .w K ••. .r w •areYaf j AetM,K •e .evM OI ee•� �Qett CLAIM DesA •o• :4 .94 ref A -1 sung eA. P-- - �Jw is 19H i1.15 OAc 10:20 0. ath•r I.aa1 Cr:etlse reetrlttloN a ceeeasate IS.e .set) '.• to !rat 81 . Ldaea White i►'acer 4 dart.[ it Yrt' See- as jt toteat.. r4at LnG AM ••eeelnt fat trivet• Ortv_weW yurptd • At>/rrt L•1Yt t0 ifatt A. t a i, ael yYt rwefitceta lcao• eMnr, I I • K ""Ad 1 $0 �t _rna Ay K Ida/ ( !n. Ft— -- _ WY of ft. Psul ►OpM A rw ) 91 No. 50690 Verified by 1 k CERTIFICATE ON JUDGMENT LIEN, INTERNAL REVENUE TAX LIENS, STATE TAX LIENS, AND BANKRUPTCY DOCKETS THE C041PANY 14EREBY CERTIFIES that it has made a search of the J►idgment Lien and Bankrtiptry Dockrts in the following napped Cnurts: District Court, Fourth Judicial District, Ifennepin County, Minnesota. 11nited States District Court, District of Minnesota, Fourth Division, and finds no banAiuptry proceedings and no unsrtisfied ludgments appearing therein against the names hereon between the dates set opposite the respective names, exrrpt as shown hereon THE COMPANY FURTHrR CERTIFIES that it has made a search of the records in the office of the County Recorder, in and for Hennepin County, Minnesota, and finds no unsatisfied notices of Internal Revenue Tax Liens, and no unsatisfied notices of State Tax Liens, hhd or recorded ►r► said offi,:e against the Eames hereon, bett,een the dates set opposit the respective names, except as shown hereon. (Note. Where any name appears hereon with a middle initial, no search is made as to a,,, middle initials diffe, errs from that drown hereon.l FROM TO Charles N. Hayssen Cct. 1, 1980 Oct. Helen F. Hayssen Oct. 1, 1980 Oct. lames having 2, 1990 2, 1990 DW@d a IMMrw^mOrs, this— / 4 90 rtrLE INSURANCE COMPANY Of Al/NNFSOTA hY— Am. Secret& THOMAS L. OWENS AT'ORNEY AT LAW 1512 FIRST BANK PLACE WEST 120 SOUTH SIXTH STREET MINNEAPOLIF MINNESOTA 55402 1612) 336-2919 November 29, 1990 Xatharine Boschee Jack Zachow Leonard, Street & Deinard State Counsel Suite 2300 Title Insurance Company 150 South Fifth Street of Minnesota Minneapolis, MN 55402 400 Second Avenue South Minneapolis, MN 55401 Re: Robert P. White dnd VCI Capital, Inc./ Access to Bayside Road Dear Kate and Jack: Enclosed are two copies of the Easement Agreement between Whites, VCI and McDowells and one copy of the Driveway Easement Agreement between VCI Capital and McDowell. The extra copy of the former document is black -lined to show the changes which you requested in our telephone conversation yesterday. Please note that I have not included a requirement for approval by the architectural review committee established under your restrictive covenants because that committee's purview is limited to structural improvements. I believe that the enclosed Dr i � ewav Easement Agreement can be submitted to the Orono City Attorne} for approval, in satisfaction of one of the City's conditions for final approval of the plat of Bayside Ridge. With this in mind, I am enclosing for the City Attorney an annotated, partial half -section map and a depiction of the easement by your client's surveyors. Please let me know what else I can do to help in wrapping up this matter. Sincerely, Thomas L. Owens ieY Enc. C: Robert P. White LAW OrF,CES LEONARD. STREET AND DEINARD S�ONIV .C*a[w• MOUNT Laws GAMMOOS- S-oNL` .aNT L N.C.[, :A-0,D a, C.2 _w • a.CNA*O J .c0[Na* •LL[N S.[.!' •uor Y YA.NANO• rOYA! O •[-409.0 104Oa NIC'I ..000.6 . .0m.-S r a (arAr• JONN C Aug." '.[O*GL -9—'. MNAOI[t J O.LLAN '..*LIES . 0A110r r.CNAII A N[N•C.- DAv'o N Cot' .ANTNA C (NANO• S1[.r[. 0 ArLAUr• DAVID N .ATNaS ..M. A r.11• CAROLTN CNALYcaf Lo.[L.. NOT[sm— JAYaf V NOT.' G[0*G[ •-cGJNN.O L[ .M' MOUNT L 0.-AT w-C.•Mo G wt M-r AAIOa LA Y SONYAN.1 I, M(O.1c • Molt.8LA". MOUNT a T.AV.f• a1M0N E 31... s' .Araf G SULLANO• .O»N •. r[wr•» .Ofa*• r IINLat• Sl[V[. O Dr*u 1.(M• LAOas"Ca J IIaLO _..a& * DO.S[1 DAVID O wtLL[V ITlw. (N J OAV BOSON' DAVID L L.LLaNAUG . 31t M.1% a L •. DAVID NANTON DAV-D C LAL.' AIISSLA r rNNIfTt t D..*D r r0[*S1[L0[a• -AIM%A LINDSMtN •NaWeNIA NA, �DMNNAI.ONS SUITE 2300 50 SOU t r. rIFTM STREE'" MINNFAPOLI- MINNESOTA 55402 TELEP 6,21 335 500 FAC'_ 5'2- 335 I0557 November 30, 1990 Mr. Michael Gaffron Assistant Planning and Zoning Administrator City of Orono P. O. Box 66 Crystal Bay, MN 55323 -IC--EL L G[*DE NL r L 6NaaN[ DWELL V S10.11 ST(V[N L ULTON :OUIi.AS f GNLENS.AG Mg Tg* . MACNYAN ELL[N G SArwSON YANC D f.N.fOft rA*GAN[T r r.N VAL.t NaUMG SHALIN C NC[LNATON MOSANN( NAT.ANSON JaNaf J UNTNANO S»[*w- L ..UT- "NA ■ ULMNANTT .S.AtL c 1AVLO. IN TMM a se -real .O.w ■ O[TS.NGLa LA■Nt$$Ca a SCNAartN .Or.S V SANOtr "NAIGJ SC.uLT2 MOUNT L[GLO` -TC CANOLTN V ■OLMIII —o1.1 .[LC.• fTaVaN J *,No" G*EGG, CAVA..A— A.A. .a.L :M[G0.1c S.O.N SUSAN .. MOMII.EM _ o Cfa. G 31w[»Lo■ 660*69 f L[ONAno I A# Na. •[DU A LA.SON A*TNuN L * ST411191 or, -IC.A(L . CO.[N MtMaWCT Dt.NAMO I Na •Na. 4 A.C1 -LTG[. -USENT AN03 a OtINANO I aN Na. *GINIA a co.c _A1»Aa,N[ SOSC.[[ _ r.0 ••(L L[ A N.LLLM •*t"[ SCOT 11roTNV a M[1taso" OANItL O FOTN .INM,f[w. *A 1. DANIELN SA TON us aLAA[ S.[M.*D J* MtOYNNa WRITERS DIRECT DIAL. NUMS(R (612) 335-1594 Re: John D. McDowell/Robert P. White and VCI Capital, Inc.: Access from Tract A, R.L.S. 748, to Bayside Road Our File Number: 13513-02 Dear *11ket : Enclosed please find the following: 1. A copy of a letter dated November 29, 1990 from Thomas L. Owens, Robert White's attorney, to me; 2. A copy of the Easement Agreement by and among Robert Lt. White and Avis N. White, VCI Capital, Inc. and John D. McDowell and Laurie D. McDowell, by which the McDowells' grant to Whites and VCI an easement for planting and maintaining trees and other vegetation for the purpose of screening Tract A from improvements on other property owned by Whites and VCI; �. A copy of a Driveway Easement Agreement by and between VCI Capital, Inc. and John D. McDowell, by which VCI grants to McDowell an easement for th a purpose of vehicular and pedestrian access to Bayside Road from Tract A, R.L.S. 748; 4. A copy of a survey prepared by Sathre-Bergquist, Inc., dated January 10, 1990, she Ang the driveway easement; and City of Orono November 30, 1990 Page 2 5. A cony of a partial half-sectf )n map showing the location of Tract A, R.L.S. 748, in relation to property owned by Robert White and VCI Capital, Inc. All of the parties are willing to execute the enclosed Easement Agreement and Driveway Easement Agreement as soon as the City gives final approval of the Plat of Bayside Ridge. If you or the Orono City Attorney have any questions regarding these documents, please give me a call. Very truly yours, LEONARD, STREET AND DEINARD by Catharine Boschee C61 ) f. Enclosures cc: John D. McDowell To: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From: Michael P. Gaffron, Asst Planning i Zoning Administrator Date: December 4, 1990 Subject: #1475 John McDowell, 4045-4135 Bayside - Final Subdivision Approval - Resolution List of Exhibits Exhibit A - Final Plat Resolution Exhibit B - Preliminary Plat Resolution i2762 Exhibit C - Copy of Final Piat Drawings The applicant has completed all requirements of Resolution i2762 for final plat approval. A resolution for final plat approval is attrched. Staff Recommendation - Staff recommends approval for the plat of Bayside Ridge for John McDowell and Charles N. Hayssen at 4045-4135 Bayside Road, per the attached resolution. 1 I City of OR ONO RESOLUTION OF THE CITY COUNCIL OF NO. 2903 ORONO A RESOLUTION APPROVING THE PLAT OF DA?SIDE RIDGE • PILE NO. 1475 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic And safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision by John McDowell and Charles N. Hayssen, the subdividers; and WHEREAS, on February 26, 1990, the City Council approved Resolution #2762 granting preliminary approval for a plat at 4045-4135 Bayside Road; and WHEREAS, the proposed plat contains four lots, each exceeding the 2.0 acre minimum lot area requirement. Lots 1 and 4 contain existing residences, and are included in the plat to a s caaindate rearrangement of lot lines. Lots 2 and 3 are created as -. ac, new building sites. Lot 3 requires a variance by virtue of i-t tA6,".ng a newly created lot without frontage on a public roadatfi Lot 3 requires a variance to the 200' lot width Stan. I; and WHEREAS, proposed Lots 2 and 3 are intended to access to Bayside Road via an easement shared driveway over the neighboring abutting property between Lots 2 and 3 and Bayside Road. This shared driveway shall be constructed as a private driveway and will not be subject to a City Road and Utility Easement; and WHEREAS, a 25' wide driveway outlot platted as Outlot A IL intended to remain in the same ownership as Lot 2 and is Intended to provide legal access to the westerly existing private easeme-nt road should access for Lot 2 become available to that roadway in the future. It is further intended that until such time that Lots 2 and 3 gain legal access to Bayside Road via the existing pri!,ate road across the neiqhborinq White property, that time Lots 2 and 3 shall be required to access to such private road and all direct access or easement driveway access to Bayside Road at that time shall be eliminated; and Paqe 1 of 3 City of OR ONO RESOLUTION OF THE CITY COUNCIL OF NO. 2903 ORONO WHEREAS, the two newly created building lots and the two existing homestead lots all have been demonstrated to contain suitable sites for primary and alternate drainfields to serve the existing or proposed single family residences; and WHEREAS, except for the variances noted above, the subdivision has been found to meet all other standards of the LR- lA zoning district, finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of further variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution #2762. 2. Cr^ation of a private driveway outlot shown on the plat as Outlot A. 3. Applicant has obtained the necessary private driveway access easement across the adjacent White property, in order to gain access to Bayside Road for Lots 2 and 3. 4. Payment to the City of a Park Dedication Fee of $200.00 each for Lots 2 and 3 totaling $400.00. 5. Payment to the City of final plat administrative fee of $150.00 and legal review and filing fees of $75.00. ■)W, THEREFORE, SE IT RESOLVED that the City Council of the City of Orono hereby arproves the plat of Bayside Ridge, Hennepin County, Minnesota, subject to the following condition: 1. A variance is hereby granted f-r Lot 2 to the 200' lot width standard and for lack of frc.Lage on a public roadway. 2. Access to Lots 2 and 3 shall be via the private driveway easement across the White property to the north. At such future time that an alternative access becomes legally available to Lots 2 and 3 via the existing private road near the westerly boundary of Lot 3 and Outlot A, Lots 2 and 3 shall be required to access to such private road and all direct access or easement driveway access to Bayside Road shall at that time be eliminated. 3. T-ots 1 and 4 wi11 continue to use and maintain their private driveway accesses as currently exist. Paqe 2 of 3 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2903 ORONO !. Outlot A shall remain in the same ownership as Lot 2 and shall serve as future private driveway access to the existing private easement road located just west of Lot 3 and Outlot A. 5. The owner of Lots 2 and 3 shall take positive measures to avoid disruption of the tested and approved primary and alternate drainfield sites within those properties, until such time as those sites are used for drainfield systems. 6. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before June 10, 1991 together with a certified original copy of this Resolution and executed copies of the Private Driveway Acces Easement as noted above. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this loth day of December, 1990. ATTUTs thy M.(-"llin, City Cler STATE OF MIftESOTA ) sB. COUNTY OF HENNEPIN 1 Jamits R. Grabe ayor The foregoing instrument was acknowledged before me on this loth day of December, 1990, by James R. Grabek 6 Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 0L.- .a Notary Pu 1 c MOR�M�r,p� M'a w Page 3 of 3 100 50 0 sD loo zoo SCAI E IN FEET OM A11. la AY Ftnb.tw mW rI I. !uV .( Nlsrr Tr t a; r nn -•-4ew,79 ., awAD' sea --- s�Yli Ttrt Prt >w.OUTLOT A eA+: ^--- ie� ty A a �/ ►'i� Cmmmwim i�r M•T'b'!4-� 1l !J •r w. t+tuUt—t \ 1 i i• ICJ \ , 111r to A ,•.`e 4;,g>t t �tj tow rIh ' rte tit.,. mmlrrwm j b \ 1 { I r of �i. 2, �•• \11 I �, ��'rd� N\ And ti.t Jolt Rr.ratfle-wk elk ftsiot— I .i �`* '�' o.rn, A" fide I+' at a s,. •�_ NN..wt. u .,tt: ., a R �� ��' • �t i �'Ni/ � Isttte •.uc. 1N.a_fr---�\' ---liA,,.. :11 9ei .� ,'.' tdt.ta tees mal— • ' Ys I I / / i atP aN,.t t. to. CI t ILd III. Ib c. , r ..d _tA atr.r tJt..e /r.... t• .a :J .I I= ; a8 L' of SiYtYntl�t � i R '. •\ ., I y I \ I I ( , o I • Ittnr.ou oorsN. offlan til• I ' � 146. - gas* SEE DETAIL , N + t, V + THE aASIS FOR THE SEARING SYSTEM IS .7 M�a 00 IYIi�F. Ir,Jl.w.� ASSUMED AItAe�; 'T) • DENOTES IRON MONUMENT RUMok" frATa • � r r�rlaf'IN`,rt� DRAINAGE AND UTIIITr EASEMENTS ARE t L. Cater✓• f u,n. SHOWN :NUS DETeuL �r /11.1met ' C. #A%. s.+ It• R..id t 4 j l 4 at' • I m,f In Ntlagoon I R '•'"' VIA •E ING ! FEET IN WIDTH. UNLESS OTHER If•S( o •tr.�r�r�r. INOICATEO, 'NO ADJOINING LOT LINES AND 10 FEETIN AO./OINING STREET L INES, AS SHOWN NOMN ON N iHE rIAT ere..! 1ltltilb ll.l. 9c.,a A L1winttrta ow f AT NA! •�Il8nIfIIT INr ORONO COUNCIL MEETING HELD DECEMBER 10, 1990 11475 JOHN MCDONELL, 4105 BAYSIDE ROAD FINAL SUBDIVISION APPROVAL RESOLUTION #2903• Mr. McDowell was present. It was moved by Mayor Grabek, seconded by Peterson, to adopt Resolution $2903, approving thu Plat of Bayside Ridge. Motion, Ayes -A, Nays-0. Motion passed. #1521 STEVEN LOMBARDOZI, 115 OLD CRYSTAL BAY ROAD NORTH PRELIMINARY SUBDIVISION Mr. Lombardozi and Mr. Gary :-:�tzrson were present, as was Mr. Bill Wear. Bernha-dson summarized the information provided in Jeanne Mabusth's memo dated December 3, 1990, noting that access is the primary issue involved in this subdivision. He said, "Th-e Planning commission h.+d recommended that the private road directly south in the Wear subdivision be extended and that both the cul-d--sac :o the south and east be made public. He said, "The public road could then serve this subdivision and other subdivisions that may occur to the north. Alternatives to the Planning commission recommendation could include just making the one leg publi- under the City's road and utility easements, or the City could provide access by means of an 01_dinance amendment that was approved d year ago." It was moved by Mayor Grabek to adopt the R,�solutiork approvi-ig the preliminary subdivision for Al Kreb. The motion failed for a lack of a second. Peterson asked the City Attorney how it would be possible to open a private road to the public. Barrett replied, "The distinction heL- is that the City has underlying easements, which would allow the road to be opened to the public. Teat is non -controversial. As a result of the Wear subdivision, the City obtained a public road easement, )ver which a private road was constructed. If the City wishes to make the private road public, there is a procedure that can be done to accomplish that. The other issue is that if someone has a private road, the City can require, as a condition of owning the private road, that members of the public that must use the road to access their property 5e allowed to use that road to do so. It is my opinion that the City can do that, though such a method is more controversial. Peterson asked Mr. Wear if it iz, his wish to have the road remain private. Mr. Waar replied, "No` necessarily, b,it we do want to b= paid for it. You are acquiring our property without any warrant. - 6 - APPLICATION NO. 1475 CITY OF ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 12/11/90 --------------------------------------------------------------------------- TOs John McDowell Comm Charles Hayssen 4045 Bayside Road 4135 Bayside Road Maple Plain, M.i 55359 Maple Plain, MN 55359 TYPE OF APPLICATIONs Subdivision ------------------------------------------------------------------ DATE OF NEETINGs December 10, 1990 VOTES 4 For 0 Against ------------------------------------------------------------------ COUNCIL ACTION - NOTION: To approve per the findings and conditions of the resolution previously mailed to you. Final Subdivision Plat Approval - The approval resolution and other required documents and drawings will be filed and recorded with Hennepin County by the City Attorney. You may be contacted by the City Attorney 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 subdivision for recording. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. John, please obtain the remaining signatures needed on the mylars and return them so the plat can be filed. lsv /Z -/ 7 -') o / v�'�`i � LlUc�oS�a f'L ►6,�6E` �11, � 'r7�f� �LLowi� G� %�'�!-�•� C'py GIB cop`/ C�4THt-R ►� �E 2"0,7c "-v Lt'�'T lr"t - ?,o -3 C� u� i'nl 2 . SA,-, C c f L� , J �p vt `1 O F ii�►'f � ui'ti.gy FAQ E�"-�-n.Ja- � t �,•- %�V4F DF �A� �� Me peiNioiu rzex � fo,s4,ezF'zr+t /o -s-9o, ior" �^-i I,owr LL1 T-wo PaQ-c-m'& CnF`1 OF rf..rZ tm,, Agi2�*t- riot . * Z7c� T-- ^bTncPd TtA j- /uv coPt E' S OF e.X/sntu C eASel- ^ S P.rvew lsoreN s ors r1i i U :/ up F 'L> oc . 40 y 3 9 S 0 t/ja, ri' t wro) Wkic+H WAS Discuss&14 s P.b r v i s io � � �'' ��►+ c � u 3 Aro w.a /, N pug ,�-►� .. . f�L4 ST'0n1�^�.�r��iLL��S COnJTi�r"*' 1 ,_ 3 -'2 32 N -161Ut APPLICATION NO. 1475 CITY OF ORONO P.O. Box 66 NOTICE OF COUNCIL ACTION Crystal Bay, MN 55323 473-7357 Date of Notice: 2/26/90 --------------------------------------------------------------------------- TO: John McDowell COPIES: Charles Hayssen 4045 Bayside Road 4135 Sayside Road Maple Plain, MN 55359 Maple Plain, MN 55359 TYPE OF APPLICATION: Subdivision DATE OF MEETING: 2/26/90 VOTE: 4 For 0 Against -------------------------------------------------------------------- COUNCIL ACTION - NOTION: To approve per the findings and conditions of the attached resolution. Council directed that the private road outlot for 'Bayside Ridge Poad' be omitted from the plat (drawings will need to be revised as noted in the resolution). 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 1 year after the date of the re,;ulution. Note that prior to filing of the final plat after final subdivision approval, all taxes for the current year must be paid. If you desire certified copies of the official Council minutes, they are available from the City Recorder or City Clerk after review and approval by the City Council. Enclosure - Copy of Resolution City of OR,ONO RESOLUTION OF THE CITY COUNCIL NO. 2762 A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR . PLAT AT 4045-413S BAYSIDE Rc ib PILE NO. 1475 WHBRtAS, John McDowell on October 27, 1989 f i l ed a formal subdivision application with the City for approval of a lot line rearrangement and two -lot residential plat of property owned by John McDowell and Charles N. Hayssen, legally described as follows: Tracts A and 8, Registered Land Survey No. 748, Hennepin County, Minnesota; and Tract D, Registered Land Survey No. 540, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Commission held a public hearing on November 20, 1989 and January 16, 1990, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on Feb►uary 26, 1990 the Orono City Council considered the subdivision application of John McDowell and Charles N. Hayssen, Noting the following findings of fact: 1. The property is located within the LP-lA Single Family Lakeshore Pesidential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land withir ea newly created or revised lot. 2. The property contains a total of approximately 15.5 acres, all of which is considered as dry buildable land. 3. The proposed plat consists of a lot line rearrangement between the two homestead parcels within the property, and further includes a lot split of an existing 6.6 acre parcel to create two building sites each in excess of three acres of dry buildable land. Fach rearranged lot and each newly created lot exceeds the 2.0 minimum lot area requirement. 4. Proposed Lot 3 requires a variance by virtue of it beirg a newly created lot without frontage on a public roadway. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2762 osed Lots 2 and 3 are proposed to access to Bayside Road via an easement shared driveway over the neighboring abutting property between Lots 2 and 3 and Bayside Road. Lot 3 technically requires a variance to the 200' lot width standard since it does not abut an outlot that provides it direct access to a public road. However, each of newly created Lots 2 and 3 meet the required 200' width at the building site. Both Lots 2 and 3 exceed 200' in both width and depth dimensions. 6. The private access easement intended to serve Lots 2 and 3 shall be constructed as a private driveway, and will not be subject to a City road and utility easement. 7. A 25' wide driveway ou*'ot for private driveway purposes is intended to be platted along the north boundary of proposed Lot 3, to serve Lot 2. This outlot shall remain in the same ownership as Lot 2, and is intended to provide legal access to the westerly existing private easement road should access for Lot 2 become availatle to that roadway in the future. E. It is intended that at such time that Lots 2 and 3 gain legal access to Bayside Road via the existing private road across the neighboring White property, at that time Lots 2 and 3 shall be required to access to such private road, and all direct access or easement driveway access to Sayside Road at that time be eliminated. 9. No additional right-of-way is to be dedicated for County Road 84. 1C. The two newly created building lots and the two existing homestead lots being rearranged, all have been demonstrated to contain suitable sites for primary and alternate a-ainfields to serve the existing or proposed single fcmily residences. 11. Single Family residences can be constructed on each of the new Lots 2 and 2 W'_thout the need For further variances. NOW, THEREFORE BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat for John McDowell and Charles N. Rayssen at 4045-4135 Bayside Poad per the survey attached as Exhibit '• hereto by So~hre Bergquist Inc., suh-;ect to the following conditions: Page 2 of 4 . . . City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2762 ocation of the proposed private driveway access to ots 2 and 3 shall be as shown on Exhibit B attached. Lots 2 and 3 shall derive their princi_3al access via such driveway easement. Prior to filing of the subdivision, applicants shall satisfy the City Attorney that such legal access has been appropriately granted and filed with Hennepin County. 2. At such time that an alternative access becomes legally available to Lots 2 and 3 vic the existing private road abutting the westerly boundary of the property, Lots 2 and 3 shall be required to access to such private road, and all direct access or easement dri-eway access to Bayside Road shall at that time be eliminated. 3. A variance will be granted to N 200' lot width standard for Lot 3, and likewise a va j will be granted to Lot 3 for lack of frontage on a pug roadway. 4. Lots 1 and 4 will continue to use and maintain their private driveway accesses as curren'lly exist. 5. The private road outlot along the westerly boundary of the property shall be omitted from the plat drawings, as shall language dedicating that outlot for road purposes. 6. Outlot A shall remain in the same ownership as Lot 2 and shall serve as future private driveway access to the existing pri ate easement road located just west of the property. 7. Standard drainage and utility easements to be shown on the plat along lot lines. 8. Payment of standard Park Fees of $200.00 each for Lots 2 and 3. The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: A. RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"-2001. Drawing to include: Page 3 of 4 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2762 Lot lines platted per preliminary survey by Sathre Bergquist Inc. attached as Exhibit A hereto as revised Per the conditions herein. b) Dedication of 'drainage and utility easements' 10' wide along all perimeter property lines and 5' each side of internal property lines. B. LEGAL DOCUMENTS required: a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. Title opinions shall be required of both Hayssen and McDowell for their various property interests in the plat. b) The applicant must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed easement document for the Bayside Road access driveway over the White property. C. FEES TO BE PAID: Total Due $625.00 a) Park dedication fee per current schedule: 2 new residential lots @ 2 acre density = $200/lot Total - $400.00 b) Final plat fee - $150, 00 C.1., -s LIM f'n"FFFCf c) Legal review and filing fees of $75.00 1119cw G'1 ;BEN 4J• efi by he Council of he City of 10 Minnesota atoatregular tmee ingyheld this 26thtof February,���~L .�41 '^4: ATTQST: 11 rothy K/. Bailin, City Cler 1.3; E Ca lah Jr., ct Mayor Page 4 of 4 S'LY MW LW E \ of COUATY FW O ,,pp 5. LWE OF W I jL OF 3 �-``Q NE 1/4 OF NE (/4, LL d a W� `\\\\�` R.23, O — 30 Pr. g 330 EASE-%E-Jrr �f OZI- N 1M° 4054e -�K 06 '�0 ---20A.93-- Np v. \ N%4 GOQ. -reACT A� pT, OF 15E41t4NWCr 84 iRLS. NO. 746 N. LINE OF TRALTA, `. 0R..L.S. i.10. i41B 4 BAYSIDE RIDGE DRIVEWAY EASEMENT A 30.00 foot driveway easement over and across that part of the west Half of the Northeast Quarter of the Northeast Quarter of Section 6, Township 117, Range 23, lying southerly of County Road North w84, said easement being 15.00 feet on each side of the following described centerline: Caaimencing at the northwest corner of Tract A, REGISTERED LAND SURVEY NO. 748, files of the Registrar of Titles; thence on an assumed bearing of North 89 degrees 40 minutes 54 seconds East, along the north line of said Tract A, 256.82 feet to the point of beginning of the line to be described; thence northerly to a point on the southerly right-of-way line of said County Road No. 84 distant 220.00 feet northwesterly of the intersection of said right-of-way line with the north line of said Tract A and said line thee_ terminating. January 10, 1990. wu •�'•�I�y' 100, Prepared for /� ATNAE-GEAGDUIST, INC. SOUTH @*oAcwAr• wArlwrA.r«ssas1 „ JOHN MCDOWELL reuw r«oNt 012 4?* woo 5'941-(0 RESOLUTION #2762 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin, City Clerk of the City of Or, •-, Hennepin County, Minnesota, do hereby certify that I hays omp_red the foregoing copy of a resolution of the City Council of t City of Orono with the original record of such resolution in ;he Minutes of the proceedings of sald*City Council at a meeting of said City Council held on February 26 , 1990 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14th , day of March , 1990 _. Dorothy M. Hallin, City Clerk (SEAL) BAYSIDE R ` n„OUTLOT &JA I,,, J, w I c I 1t1 A 1 � I ICIZ i is 7 c■ lop � r yr �� 1}�■■g • I DETAIL - ti SEA DETAILse',s wL I F c 'r. S A T M AIE ER000IST. INC. 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OIM is TTTIa WT gewL*�=2 laaaar/ N.ti. dwts. %- F_ 4I.79 S aMO S I'CC ' E - - - - - - OF ITAa 7-1 ___ ---leer--- - a= `t►� p �\ a E,. y • ��. / / iq � �'Sj OVP�XIMATE LOGATiON OF t-.oLWD tJ fd� SYSTEM. � O Z45 J5 � 3 v- O, o o 9j0' -75 00 I Q OF ZE w !: km �1 DIPo0 tip 'I ra Reg Tha f I I des 44. a r tin Tha - fill deal 44.! a r: I i rw /N /700, --rcAajx Gappomv C o&VOjeu TrA?-n A r So C c5F fQL S 74/8) A#J Ac c v-r-s wASVvKefJT O V Elk — r�' /� S E '1 A°J1 t T F / + �► �, A c r S' .J E� �T W f l i -'E C t + �' '�'% P�'�` €, �/� N o �2/G �f T" T'v CrVP• T• M5.ASe^#, . "Ts OVeie w N r r� rgeoPE�c -rt�� Li 114 Wr T h4f g A t- M J T S 1N J41 'r t Nam T A� S r •�t P F�oK 7 t` A /•' S C/: o S e` CAN L i C NO C M w� rti T'..:1 O l n✓` J t it r c L. 15 PR.oPca„ i/U �' 'T'n u 1 v i t f l K-a A L► G. N Tfeo&eT S. Aj� I, o F P LS 7` s ^-,j p TaA 04 S S: '/ o (s^-, ep" Po::fL p4Ano-) . RRe�lt�47' C GNDI�'lON OIV rA(1 PMc �o...rc L� •.v oJV S1rL4r�N` Ca 1�'b R`'/. L�'Cs! �- A r• C ++ S.. 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LWE OF W PL OV: 3 �-� NE 1/4 OF NE I' , SEC.. &, T.117/ x. z3. 0 — 1L oZ� 04 S� W W Z oW 30 FT. g 33 EASEr►•E�rr`"�1 W OZ IL A 'f0 - 2oA .93 - - NO plW GOP.. TQAGT Aj pT. OF 5E41NN W G j `- RLS. NO. 746 /J. LINE. Or- TRALTA, r-.L-s. No. 748. _j RAFSIDE RIDGE DRn7EWAI EASEMENT A 30.00 foot driveway easement over and across that part of the west Half of the Nortneast Quarter of the Ncrtneast Quarter of Section 6, Township 117, Range 23, lying southerly of Colmty Road North V84, said easement being 15.00 feet on each side of the following described centerline: Commencing at the northwest corner of Tract A, REGIST'.RED LAND SURVES' NO. 748, files of the Registrar of Titles; thence on an assumed bearing of North 89 degrees 40 minutes 54 seconds East, along the north line of said Tract A, 256.82 fe--t to the point of beginning of the line to be described; thence northerly to a point on the southerl;- right-of-way line of said Counts Road No. 84 distant 220.00 feet northwesterly of the intersection of said right-of-way line with the north lane of said Tract A and said line there terminating. January 10, 1990. ""L ►� %..� --Y SATHAE-EEA000IST, INC. V-1OC' Prepared for `�. 106 SOUT14800ADWAT0 WAYZATA, MN 55391 "Lf wU JOHN MCDOWELL � Y Y THIS AGREEMENT is made on , 1990, by Robert P. White and Avis N. White, husband and wife ("Whites"), VCI Capital, Inc., a Minnesota corporation ("VCI"), and John D. McDowell. and Laurie D. McDowell, husband and wife ("McDowells"). WITNESSETH: WHEREAS, Robert P. White is the fee owner of certain real property in Hennepin County, Minnesota, legally described as follows (and hereinafter referred to as "Parcel A"): That part of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Rands 23, described as follows: Beginning at a point in the Ea: line of said West 1/2 of the Northeast 1/4 distant 906.98 feet North of the Southeast corner of said West 1/2 of the Northeast 1/4; thence North along the East line of said West 1/2 of the Northeast 1/4, a distance of 261 feet; thence due West 513.35 feet; thence South 39 degrees - 17 minutes 30 seconds West, 280.05 feet; thence South 11 degrees - -,6 minutes - 30 seconds West, 345.23 feet; thence Southerly 220 feet along a line which i- extended, would intersect the Southwest corner of the East 1/2 of the West 1/2 of the Northeast 1/4; thence Northeasterly to a point located due South 233.4 feet from a point located North 85 degrees - 05 minutes West, 270 feet from the point of beginning; thence due North 233.4 feet; thence South 85 degrees - 05 mir tes East, 270 feet to the point of beginning. For purpcs. F this description, the East line of West 1/2 of Northeas 4 is assumed to bear due North and South. WHEREAS, VCI is the fee owner of certain real property in Hennepin County, Minnesota, legally described as follows (and hereinafter referred to as "Parcel B"): Lot 1, Block 1, North Arm Estates Third Addition; and That part of the West 1/2 of the Northeast Quarter of Section 6, Township 117, Range 23, lying Southerly of the centerline of "ounty Road No. 84, except that portion thereof platted as Lot 1, Block 1, North Arm Estates Third Addition, and except Parcel A described above. WHEREAS, John D. McDowell is the fee owner of certain real perty in Hennepin County, Minnesota, legally described as follows (and hereinafter referred to as "Parcel C"): Lot 3, Block 1, Bayside Ridge. WHEREAS, the parties desire to establish certain rights to and maintain vegetation on part of Parcel C for the benefit of Parcels A and B. NOW, THEREFORE, in consideration of the premises and the mutual promises and covenants herein contained, the parties hereby agree as follows: 1. McDowells hereby grant to Whites and VCI a perpetual, nonexclusive easement for planting and maintaining at their expense trees, bushes and other vegetation, for the purpose of screening Parcels A and B from improvements on Parcel C, on that part of Parcel C described as follows (and hereinafter referred to as the "Easement Area"): The Westerly 15 feet of Parcel C, as measured at right angles from the Westerly line thereof. Prior to any such planting, Whites and VCI shall submit a landscape plan to McDowell for approval, which approval shall not be unreasonably withheld or delayed. 2. Whites and VCI shall be responsible for maintaining any trees, bushes or other vegetation which they plant under the terms of this Agreement in a healthy and attractive condition. 3. No use shall be made of the Easement Area for business purposes or which shall increase ;:he real estate taxes, special assessments or insurance premiums of any other party. 4. The easement and covenants created hereby shall be covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 5. Failure by any party to enforce any covenant herein shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, McDowells have executed this Agreement as of the day and year first above written. Sohn D. McDowell Laurie D. McDowell STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1990, by John D. McDowell and Laurie D. mnnevell. husband and wife. This Instrument Thomas L. Owens Attorney at Law 1512 First Bank Minneapolis, MN (612) 338-2919 Was Drafted By: Place hest 55402 Notary Public l THIS .AGREEMENT is made on , 1990, by VCI Capital, Inc., a Minnesota corporation ("VCI"), and John D. McDowell ("McDowell"). WITNESSETH: WHEREAS, VCI is the fee owner of certain real property in Hennepin County, Minnesota, legally described as follows (and hereinafter referred to as "Parcel A"): The West 1/2 of the Northeast Quarter of the Northeast Quarter of Section 6, Township 117, Range 23. WHEREAS, McDowell is the fee owner of certain real property in Hennepin County, Minnesota, legally described as follows (and hereinafter referred to as "Parcel B"): Lots 2 and 3, Block 1, Bayside Ridge. WHEREAS, the parties desire to establish certain rights of access across part of Parcel A for the benefit of Parcel B, and to memorialize their understandings regarding driveway maintenance and -epair obligations. NOW, THEREFORE, in consideration of t:ie premises and the mutual promises and covenants herein contained, the parties agree as follows: 1. VCI hereby grants to McDowell a perpetual, nonexclusive, private driveway easement, appurtenant to Parcel B, over and across that part of Parcel A described as follows (and hereinafter referred to as the "Easement Area"): That part of the West 1/2 of the Northeast Quarter of the Northeast Quarter of Section 6, Township 117, Range 23, lying Southerly of County Road No. 84 and 15 feet on each side of the following described centerline: Beginning at a point on the South line of said Northeast Quarter of the Northeast Quarter distant 281.82 feet Easterly of the Southwest corner thereof; thence Northerly to a point on the Southerly right of way line of County Road No. 84 distant 220 feet Northwesterly from the int^rsection of said riyht of way line with the South line of said Northeast Quarter of the Northeast Quarter, and said line there terminating. 2. McDowell may use the Easement Area only for the purpose of vehicular and pedcstrian access to two single-family residences which may hereafter be constructed on Parcel B. 3. McDowell shall be exclusively responsible for clearing the Easement Area and constructing a driveway thereon in accordance with all applicable laws and regulations, as well as for all maintenance and repair of the Easement Area and all improvements thereon which may hereafter be required by the City of Orono or by any other political subdivision or government agency. 4. McDowell shall have the right, at his sole cost, to landscape the Easement Area, including the right to plant trees and other vegetation and to place rocks and other landscape materials within the Easement Area. McDowell shall be solely responsible for the maintenance thereof. Prior to any such landscaping, McDowell shall submit a landscape plan to VCI for approval, V ich approval shall not be unreasonably withheld or delayed. 5. If any use made of.the Easement Area shall increase the real estate taxes, special assessments or insurance premiums of any other party or make continuance of the driveway illegal, the party making such use shall be liable for such increased cost or for any costs and other consequences of such illegality. 6. The easement and covenants created hereby shall be covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Failure by either party to enforce any covenant herein shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, the parties have executed or caused this Agreement to be executed as of the day and year first above written. VCI CAPITAL, INC. Robert W. White John D. McDowell Its President STATE OF MINNESOTA ) ss. COUNTY OF HENNEPI.. ) The foregoing instrument was acknowledged before me this day of , 1990, by Robert W. White, as President of VCI Capital, Inc., a Minnesota corporation. on behalf of the corporation. :y Public 2 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1990, by John 0. McDowell, husband of Laurie D. McDowell. Notary Public This Instrument Was Drafted By: Thomas L. Owens Attorney at Law 1512 First Bank Place West Minneapolis, MN 55402 (612) 338-2919 J04 " - 1 d - 7 d - r- - . -) . - • - - - - s'L`r OW LW E OR CO"T( RD. Np 64. u s g �� CetvEwm,Y EAsEr•Er�r 3z 40 --2'S6-0t•- w MW CA¢. RCS. No. s' •- 're"T A, 746 S. L049 or N IL of . IL I/A (�,(�Sg4, (01 r. I I if A. Z5. SY r.°4'' PS ... 20A S . - Np \.W LiOp `LG11NNW� ! OF 'r La4T A, N c.l..s. No . 14e . SAYSIM RIDGE DRDWAY iAMIM A 30.00 foot driveWaay meemmt over and across that part of the West Half of the Northeast Guaz'tar of the Northeast Quarter of Section 6, Township 117, Rant* 23, lying southerly of County Road North $84, said easement being 15.00 feet on each side of the follouting described centerline: Coewncing at the northwest oorner of 'Fact A, RRGISTERED LAND SJIM NO. 748, film of the Registrar of Titles; thence an an assumed besrins of North 89 datrees 40 minutes 34 seconds Seat, along the north lire of said Tract A, 264.82 feet to the point of beginning of the line to be described: thence northerly to a point on the southerl♦ risht-of-my line of said County Road No. 24 distant 220.00 feet northwesterly of the intersection of said risht-of-Way line With the north line of said Tract A and said line there terminating. Janus" 10, 1990. IMU �~ 100' I'lsATliRt-•IIIGOVIlT. INC. � Prepared for. ?. 1 tooMjTM "S"WA%t • •ATLTA. all Mill Wirt ."Awf4.1.41PIS.4ntif JOHN MCOOWELL uMP.JL " i / West 1/2 of NE 1/4, 6-117-23 (11,90) 0 O f�ir�0) w O LI) West 1/2 of NE 1/4 of NE 1/4, 6-117-23 VCI Capital, Inc., P lo perty v JIM SW corner o ` ' I E 1/4 of NE 1 46 East line of '•-• South line of W 1/2 of NE 1/4--+ r NE 1/4 of NE 1/4 � tr f/) 1 p'+ nt distant 1,167.9fl1".' McDowell Property feet North of South s�•, line of NE 1/ ' A l � 270 w ti Z N6S • White Property •OS W ►,. 0 eke v�7 • /1 ' acG\- a11V1 %.IA VL JVUL.11 ek line of NE 1; f A 27,0 N8s'ps •w s 0 (1 ) White Property o 5 NORrM ARM VCI Capital, Inc., Property rif mo Nei ae aoE i 154 90. f � Rezabek -,, % Hayssen Property ? Ot Property ti % jb "" C EST �;- ES Rezabek Alt Property ADD. Property Z t V V South line of NE 1/ 4 f ^F1 KATYDID LANE -.21 ST. V 1, CHAE _, V N 55537 ,, i 497.356-1 n-4. • 'c.� Steven 3. Schirmear October 26, 1989 John McDowell Tract A, RLS 748, Lot a Sayside ridge Parcel 1, Fast Site Sub -Div. Orono, Henn. Co., MN This system is Designed for a Type 1, four bedroom hone and in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. The soils on this site are typical of SCS soils mapped - KkC2 - Kilkenny clay loam. A seasonally high water table was located at 14", :6", 18", 6 22", (mottled soil). Due to the seasonally high water table, a pressurized mound system will need to be installed. ;he bottom of the rock bed must be located at least 3' above the seasonally high water table. The soils at a depth of 18" have a percolation rate averaging 27.5 min/inch and are adequate for treating septic effluent. A pumping chamber will need to be installed to lift the effluent to tho 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 :;and fill material are clean. :he sod layer below the entire mounded area must be turned over, just break up the soc, be sure not to over work. The power supply and switches must be located outside t::e manhole and pumping chamber in a weather proof enclosure. A warning device must be installed with a light and sound device, ;.`.is is in case of a pump failure. (Mercury floats are a good method). All neighboring wells are located more than 1GG' away from t o rroposed treatment area. Keep all heavy equipment off of the proposed treotT.ent area -fore and after-onstruction as much as possible. Tne treat. -.en*_ area should be marked off before construction. 173N : Soil and Percolation Tazta Srp(it Srslrm 1)e4egn With proper installation and maintenance, this system should have no problem in treating septic effluent effectively. Recommend to pump the septic tank every year if there is only 1 tank 6 every 2 years if there are 2 tanks. Steven B. Schirmers j-)S SBS/ds r•nl.. 1 w X �. a ajo le- �id)'►'1 Ir r') 1 /oa.n� .c ,ey.a —NA 15 S3k...4 -o - f - — -- -- -- c It S A cl.s If-N �"FF OG T�iC �.tt�SCo �F 1�'T.+iti s.1T ►1T-G�S jet ErOT.G - 4 v% -'6 J 1- _Q>L�Qts�er�rc���g�'� _ W-,i' PT-o Po sE0 b� 'Ct11�NF S p�'• rrl P.1%V CNAmtiGV- 6 Pelc n'ion Teets Sco'.e:1 xsou Somw We Ttrs system is to be c 0yuc'ed to meet the Mmesdo Ponui on Cor000i agency Chapter 7080 i Local Ordinance Note : Check all underground utilities i c0PE.W Y OF -JP!t-UJ- S-P MSMG ev.. 4 ��. Dote JAAfjf4, P44.6e-497-35" of SET - BACKS Sys!em m'st be: k +rc n,; c; erty tires er7J f rc n bt .!,is. - e r.'ri',ep:q •r0 Vies r — — strti. ^5 \` Trec°:- r: ' ,to om property i!'.eS ;'y "•N ?.^�f vn tt.e."-!�' 'l�� 14m ,tie"5 at r Fr« Jo fro Vegs. NV E : 'wer s'•'Wy and s►wrches mist be IL r c!ed in o proof tnc;usjre o'rs�!e the pumping c'Kan'.Acr wvJ mon'%A rro. ;reel - _- 4 SOIL GC!i �G EIEV�>npti$ 1l sqjj_y Tank Tor•k TH.'3EL.-1a�3 t MF�SS'�RE D!STRIBUTON MOUND SYSTEM TH. - - --- --- - --- - -- �. ---� �P,mo: Til•5 EL-Lcy} Gran- ElR'A;:OV of PKQaC`SEO PL':'�ti; C EER-'� arsevcnc cF t3i.-w - j 0 I Eroge perco!c+'on role _4-16*rn1n./inch (des gn 83•sq.ft treotment c-eo per got. of do:'y sewoge fcw) L sq.ft. of 'ha'ment area ♦ 10% sq. ft. (= IOft. width ft. teI!�Ih or bed area 4 s:de s'oYe run Ito I x_3M he 91-t x -V-lr ' area r idcd ) r i eotmE-AareoxL•gs_dep!hdrock eu.ft-27=?,Lcv.yds(3/4'to2!/fdo.,intades 2.drockobovep:pe) 3lQ_ojyds o,txox. , sond loom bock fill 7�_0j ds.o x. to w. n�`S a_ y / r yd. 1 N� t-CCCt��N�4-rJ� !p:o TO Z"CF Sr,�• �•aK •. rtt %D Ist tank LV'QS.�gc!. , 2nd tank S�rgol. m nw uns R u P •�, e ►> is •,, < V- - - — a of doily sewoge flow of _4=o got. =Ls O go!.+ reserve storage of 1 S 0 � t.1 / BWjCd - qoi. * pipe back dro'roge — PROPERTY OFc�q�r r- Sum* P'pe , Gn.ft. needed 3LiS_, .Li-q- go'.{ man4o'd Afi�gcY./i00 trri ft of -0'i "doo pipe, to ft needed _ go!. plus area fee pump) u•. E_ r►„ r�. 1bG O o4 i. c .. ,c. -7 ii'Q'' P►�T'te � � pKs,,rr� lint ft., IN_ duo perforcitions 21-- oport cat N a ),I rl . "s'*+,+ -CZ . tpocrtyLZts- got. 4cycles /day) - -- S- P TESTING IN, bed - , INS area should be shaped Note: Drstonre from treatment orto b neghbor-g we'!s— i Designed Qy p- rom entering treatment creo. �:�'tE►kT -� -��q}1 00 Oote gyp/ / PH. 612- 497- 3566 'A SET - BACKS f HOUSE System must be: TO r rA ao_� ffC-n*'vC-ef!y J- i'r Ird '731! lfr'N ','evs .70 frc,n - 8�1s. . - 0 I f01 101'es I — — 4 a om P - o;er ty lines VC1 . E: �.ver s,rp'y ond sw 'if, *S �f m goof tic;'�s.'fe C-^4e 01 DO 'froXn Vegs. fro, , Irces Irces f A 10 Tank Tonk PRFSSIJRE MTRIBUTION MOM Wn- I" io 8' P, rnp�,q C'-.Grntet 410 6"d;o. pipe SYSTEM DES-GN - oP.OLjPqO ryPc--:L. -q- [-3EDRWjj , Averoge p eircoloCon rate __11111�rn'lr_/Inch (dr-s gn 83.cq ft trecment c-ea ptr go,. of ec:'y seevoge f Cw) 1-C191 W'/dcry x 87-sq ft /gol ft!(:. I �41h of I- e d _qft_'�Zsq.ft.O1` fto4ment orec? 4 10% = _'CJ_'2Sq.ft. (-' l0ftwid!h=­'5". ,� o,ea fun -4-401 X-ans Ck-an vockr,c*ded-a')-sq.fl.tfeotmertcreoxL,92-eep.lh(f,ock=-$-2q-cj.fi'.-27= L_ cv y& ( 3 /4'!o 2 llfidio. , hcWes 2" & rock oboft PO) ceo-) sand fill be'c-w rock r.,: e(ed A 10 cu yds. a' x. , sc-*dy loom bock fin 2_5 'Two Nljrn',L�r of larks reqjred I _a_, IstRAZO-Owg6l. 2ndimk!!��_!�Lqol.rri'nirrv-ns ?'Lio­�, Pumping chom5er copocity- 25% of doOysevxx)e flow of 6-C40go'.=150 gal.+rewrve sicroge of 150,:-A1/BR:.ld- q#. *pipe bod(droioge- Of T`� go'. / 100 fin ft, of dia. sopp;'y pipe, lin.ft. riieded _Lj_q I go'.{man-fold_LSZ qaO./l00:,rt ft of -a- *dK) ppe, In ft ncedpd gc)'. Val copacily needpla9 -L, gal. (Plus area for PUMP) W% 'C_ rv% . Y-%, 1cct✓. i, C _'F' Distribution pipe _1�lZclio , J-K3 kft, lWille. perfowtions, -31--"oport Pump size 114% hp. (pumpoble copocrhyL%w_got. 4cycles!doy) Lf 0 Y" Note, When construcling bed - ,the onto should be sN);)ed Note: D,slonce from lreo%nent orto to ne boring vR'4 to divert run-off from entering Ireolmen, cteo. L_- F-C A -TV -9= la4 A L L 1 DO --- u-13 C?'PT:`=AT:0N J nn927 Loan of Soi' 5or_ncs Location or ^ro-;ect John McDowell, Tract A, RLS748, Psrcel 1, East S:ite,Orono Borings ^Bade by S-p 7ost_.7, Inc. Steve Sc^ir^•crs Date 10-17-89 Classifiction Systen: AAS'.'.J I SDA-SCS :t Unified Other Auger us-d (check two) • Wanc: X or Power F' ighr ,�� or Buc'-et X Depth, ( for:ng number 1 =n I I feet ; Surface elevation 0- 3 - I-= D - Cam 7 - I -- Topsoil dark brown loam 0 - 10" 1 Brown clay loam I 10" - 1-1/2'-MOTTLING Olive brown clay loam 1-1/2' - 2'2" Rusty olive brown clay loam 212" - 314" Rusty olive brown loam i I 3'4" - 5' HIT ROCK i I I i I C re-t of ecptht nouc s 'at ! oor aoriny. Not pre ,?nt in hole x Mo'.~ _-d poi.: ©bperved at 1:1/2*fAc►t of �?epth. :at ere�s^nt in hole (Depth, + Boring number 2 ;n 4fe.-�t Surface elevation 102.9 !� 0 - Topsoil dark brown loam 0 - 10" - Brown clay loam 10" - 1'10"-MOTTLING 2 _ Rusty olive brown clay 1 1'10" - 2-1/2' loam i Rusty gray brown clay 3 - loan str(�ng lJ 2-1/2' I i + Rusty gray silty 4 - loam I3-1/2' - 4'8" Rusty gray brown 5 - ' lo1Am 1 ' ! 41b" - 5-1/2' + Rusty olive brown loam 6 - 5-1/2' - -S' i _ ' 7 I f 8 _ I End of boring at 6' fe�•t. Standing water _able: present at 'rout of depth, hours a:try Lurinq. Not present in hole X Mottled soli: Observed at 1110" feet of depth. Not present in :zo:e Comments: L-: 3 C''•tT'00427 Logs of SO1: ,ocatior or .'-c -ct John McDowell, Tr&gt A, RLS748, Parcel 1, East Site,Orono ^�ac bv_r_ _nc t('ve schir•^^rs -)ate 10-17-P9 to CSDA-SC S - f ied O t!'. •» 1_ir70r u,''c' (c'ne' ^; :ane X , Cr Power , _:r.h` or t,. t. x Le^_"., 'brine nu,nber 3 � ;.,,.nth, mooring -� ., . ^r�.. 4 ; e:ev.' -ion103.3 � +• feet � S,-rfac^ e:eva~-C,^ 1G3.9 I i Topsoil dark brown Topsoil dar►c brown Ioai., loam , 0 - Irl" i _ 1'2"-14OTTLING I 114"-MOTTLING ) 0 - 114" _ Olive brown clay loam Gray brQolmclay � ! 114" - 1'8" 1n" _ .,,^„ ` Rusty gray brown ! 2 - ) Rusty olive brown sandy clay to strong I ! 1110" - 2-1/21 loam Rusty 2-1/2' - :,67SOY.SSR E _ 1'8" - 3'2" 3 Rusty 3' - 3'4" gray loam Rusty gray brown ! loam I 1 Rusty gray sil!-! � 4 - I _ l oam 3' 2" - 4' I f 314.E _ 4';" Rusty olive brown i ( i Rusty olive brown 5 - loam i I 5 _ loam i 412" — 6' I I 6 - ; 6 ,. j}� 1 414" — 6' 1 _ I 17 I' - � I ' ''r!' or^ _ _ 6' feet. End of tor_^g a•_ 6' _ feet. ".,^dir- wrt:,r tr`''A• Standing w,.ter table: ho'.rs A��!'! OOr1nr. -,or;na. Not ...,. "n't in .1101C_, E . 10t C x \.0« . nr •1^r _� Not pre en .. in hole I`01...n ntr - Cr—Tents: L-13 CERTIFICATION N 00627 Logs of Soil Borings Location or Project John McDowell, TractA,RLS748,.arcel 1, East Site,Orono Borings made by F-P Testing, Inc Steve Schirmers _ Date 10-17-89 Classifiction System: AASHO USDA-SCS X Unified Other Adger useH (check tw,-)): Band X or Power Flight or Racket X Depth, I ,ring number 5 Depth, Boring number 6 I in In fret Surface elevation 104.4 'feet Surface elevation 113.9 Topsoil dark brown Topsoil dart{ brown loam loam 0 _ 1�11 1 - 0 - 11 1 - 1'2"-mottling . , Dark gray loam 1-1/2'-MOTTLING I Olive brown clay .oam 2 Rusty olive brown 2 rtusty olive crown clay 'gar, loam 3 - _ 1'10" - 3' Rusty olive brown sandy loam 3' - 3-1/2' strop 4 - Rusty olive gray silty loam 5 - trong 6 - 3-1/2' - 6' 7 - 8 - End of boring at 6' feet. Standing water table: present at feet of depth, hours after boring. Not present in hole- X ed soil: , t#bserved at 1-1 2feet o: depth. Not presens- in mole Comments: 3 - 1; ---3�_ 1 I Ru:sty olive brown Isandy loam 5- I f 3' - 6' 7 - 8 - F.nd of boring at 6' feet. '.sanding ,.uer table. present at_ feet of depth, hours after boring. Not present - hole X soil: Served at 1,2„ feet of cepth. Not present in I.ole Comments: PERCOLATION' TEST DATA STTFET Pervo%ition,�-%tre;tdingsmade by S—P Testing. Inc. or+ 10-16-89 ,carting at 1:57 ..,,. Tcct hct!e !rra!it.�Tract A, RLS748, Parcel 1,� numte 1 ,Date hole was prer.,rrt! 10-17 -89 De nth of ho'r ►'00,q% t 18 inches. Diameter of hole_ 6 inches S410 d;i'a fmv- !es' lv%'e: Uc••:h, tnChcs 0 — 10" 10" — 18" �'r•'nk: of cc•alch;ne cidcwa" 2 Ikr!h of rust e' in `Vm!om of ho'c inches 3Om Date 10-17-89 and hoar of �ni!ial wa'cr fil;in� , D9:12 cp,0 0initial water filling inches above ho'c `,xmom Brown clay loam Soil texture Knife Methm! ucct' !r m: intain at Ica%$ !2 inchc• of water depth in hole for at least 4 hours Automatic siphon 6 Maximum water derth above ho!c buitom during w%t inches Time Percolation Time interval, Measurement. Drop in water r:cc. Remarks m!^utcc tnche% Ievc!, inches m.nutc� +rr inch Water remaining in test hole 1:57 2:27 6 1-3/8 21.8 30 min 2:50 3:20 " 3:21 3:51 Prrcolation •ate 21.8 ,.tinutr ner inch. PERCOLATION TEST DATA SIIEET S-P Testing, Inc. 10-18-89 1;58 •1m• Percolation trst readings made by oti starting at-"';�.m; Test hole 'oc:lti actA,RLS748,Parcel 1,Ea%'A r 2 Datelhole was prepare, 1 10-17-89 Depth of hole bottom 18 inches, Diameter of hole 6 inches Soil data fmin tcs! hole: Dcr•th, inches Soil tcxlurc a 0 - 10" Topsoil dark brown loam 10" - 18" Brown clay loam Method cif scnttching sidcwall . Knif e Dc^!h of gravel in hot!om of hole 2 inches 10-17-89 9:30am 1.2 Dltc ane hoar n!' initial water filling_ , Depth of initial water illinc inches above hole bottom Method usct' o maintain a: least 12 inches of water depth in hole for at Icast 4 hours Automatic siphon Maximum water depth above hole bottom during test b inches Time Perco'ation Time interval, Measurement. Drop in water rate. Remarks minutes inches level, inches minutes per inch 1:47 prefil_l 6 1:58 2:28 1-1/2 20.0 30 min 2:49 3:19 " 1-3/8 21.8 " 3:22 3:52 « Pcrco::lion .,•e = 21.2 .+.;notes per inch. rr'�T.�►^^r PERCOLATION TEST DATA SHEET .S-P Testing, INc. 10-18-89 1:59 Pcrc++:alirn a .rri:'i^rs r+a�'c'• o^ starting at TractA,RLS748,Parcel 1, East Site 3 " 10-17-89 Test hose loca!u+r , Ho!e numhcr , Date bole was prepared 18 6 [h•p+h of holy ho"t) inche%. Diameter of holy inches Sail da!a "rot') test hole: Dt-h. inches Soil texture 0 - 16" 16" - 18" Methm! of wn,.iching udewall Knife Topsoil dark brown loam Gray brown clay loam Ihp•h of gravel in ho'tom of ho!c 2 inches 10-17-89 9:30am 12 Datc ane hour of initial water Nling , Depth of initia! water fii:ling inched above hole',ottoin Method usci -.o maintain at least 12 irct•cs of water depth in hole for at :cast 4 hours Automatic sip Maximuwater det-tn atxwc ho:e bottom during tcs� 6 _, m inches Time Perco:atiat: Tithe in, -val. Meaturcment, Drop in water rate, Remarks minutes inches level, inches minutes per inch Water remaining in test hole 1:59 2:29 6 11/16 43.6 30 min 2:48 3:18 3:23 3:53 Pen• + .-f u,n • ✓e -- 4 3.6 minutes per inch. ': ')T.*0n 217 rFRCOLATION TEST DATA Sll!:F,T I'rr; 'a'i�^'cs' •c:+t'intt� mace 5� S—P Testing, Inc. 10-18-89 2: 00 on .tarring �*«r at — Tract A,RLS748,Parcel 1, East Site 4 10-17-89 Te.' hole !"cntion . Hole number .):Ile hole wa% I+rcmarctL_ Del'!" 18 !nchc%. Diameter of 6 inches Soil data fm•n lest hole: Lkn!h. inches Soi! tcx!urc 0 - 10" Topsoil dark brown loam 10" - 18" Olive brown clay loam Meths! of %crashing %Wewall Ik; 'h �,r , •:r�Ll in �otMm rf hole 2 i^ches 10-17-89 9:30am 12 Datc .end hour of ;nitial wafer filling_. Dep,h of initial water filling inches above hoie bottom Me shoe u,ed to-raintain nt least 12 inch-% of water depth in hole for at least 4 hour% Automatic siphon 6 . Maximum wa!er depth above `iv!e bottom during tc%t inches Time Pcreo4ition Time interval. ! Measurement, Drop in water rate. Remarks minutes inches lcccl, inches minutes per Water remaining in test hole 2:00 2:30 6 1-1/4 24.0 30 min 2:47 3:17 1-3/16 25.3 " 3:24 3:54 24.9 Pm-olation rase a minutes re., inch. C-;r7 .t,0r27 PFRCOLATION TEST DATA SITEET S-P Testing, INc. 10-18-89 2:01 ant Perco.ation test readines nladc by on_ starting at TractA,RLS748,Parcel 1, Fast Site 5'�" 1G—T7-8g Test hole loc:,tion , lqole num!+er . Dateho,c was prep are. 18 6 Dc,nth of ho' . hot!rm inches. Diameter of hole inches Soi! t!:'ah(,!c: De-!h. inche.- Soi; texture 0 - 12" 12" - 18" Method o''sc-:rtc4,nF sidewall Knif e Topsoil dark brown loam Dark gray loam Depth of gravel in Iv!Iom of hole 2 inches 10-17-89 9:30am 12 Date and flour of initial wa'er filling— . Depth of init.a! w, !cr fining incurs Awe hole Nwttom Mettind used to rr; in!ain at le:i%t ! 2 inc'+cs of water depth in hole for at :cast 4 hou % Automatic siphon Maximum water depth above hole ho!tom during te.t_ 6 inches Time Percolation T me intcn:r!, minutes %1cawrement. Drop in water rite, Remarks .aches level, inches mtnjtcs per _ inch Water remaining in test hole 2:01 2:31 6 1-1/16 28.2 30 min 2:46 3:16 3:25 3:55 Perco':rhon . oe - 28.2 Tinute% per inch. CE77. *'`0627 PERCOLATIONTEST DATA SHEET S-P Testing, Inc. 10-18-89 2:02 Percolation tcs! rcac!ings made by on starting :�' m� TractA,RLS748,Parcel 1,E t Site 6 10-17-89_ Tea hole locati(- , }l."m numher , Date hole was prepare Depth of ho!r $-!!om 18 inches, Diameter of hole 6 inches Soil data fmri tc ,�t ho:c: Death, irche% Sol; texture 0 - 10" Topsoil dark brown loam 10" - 18" Olive brown clay loam ; .Nx! ..,f kcrw6;ng sidewall Knife 2 Depth of gravel in bottom of hole inches 10-17-89 Depth 12 Date and hour of initia! water filling pt o tmtial water filling. inches above hole bcmom Mcth(%J used to maintain at least 12 inchex of water depth in hole for at (cast 4 hour. Automatic siphon 6 Maximum water 4cpth above hole bottom during tc%t inches Time i Timc in'crval, minute% Measurement, inches Drop in water level, inches Perco:aaon nits. Remarks minute% per inch Water remaining in test hole 202 2:32 6 1-3/16 25.3 30 min 2:45 3:15 w w « « 3:26 3:56 w IN w w w 25.3 F'erc��': '.��r •.�'r. minU'c+ per inch. KATYDID I AN" ,T. WCH %E'_ V. Steven October 26, 1989 John McDowell Tract A, RLS 748,Lot 3 Bayside Ridge Parcel 1, west Site Sub -Div. Orono, Fenn. Co., MN This system is Designed for a Type 1, four bedroor, home and in accordance with the Minnesota Pollution Control Agency Chapter 7080 and local ordinances. The soils on this site are typical of SCS soils mapped - KkC2 - Kilkenny clay loam. A seasonally high water table was Located at 12", 1411, 16" & 18", (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 18" have a percolation rate averaging 45.6 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, ju. creak up the sod, be sure not to over work. The power supply and switches must be located outside the man'nole anc mping chamber in a weather proof enclosure. A warning device must be alled with a light and sound device, this is in case of a pump failure. cury floats are a good method). All neighboring wells are located more than 100' away from the ;-)ropose:: treatment area. Keep all heavy equipment off of the proposed treatment arty- before after construction as much as possible. Thy treatment area s,;ould be marked off before construction. C0 N T ' D C;od and Percolation TP.%t..q Sephr Sv.xrem betien with ,roper installation and maintenance, this system should have no pr.obleo, in treating septic effluent effectively. Recommend to pump the septic tank every year if tnere is only 1 tank 6 every 2 years if there are 2 tanks. SBS/ds �j k-^ O }� Pig •.': �� , / 1 \ /��, , \ V��• e v P C4 E. ovc IV 5% v � 2'��e.n �O� ,�.� Ste ,..C•,�s•r ofsi.s tcfcc. Qc yIV / \ e 131"R4t 4 ct s1 y�c..:Tto N 41 jy 0 SOS �•�. �� • ' � 9 / � � y � ice+ f%�t� St o t-1 \ ��• � � •s 30• M TF'CgTM1 ��r�y Q;'✓'rc' Li ---Vr� —OPT-- --- ----- ---� TS]o't %_ fDe cat ��zrt.! 1--la n4lt on ,r PROPERTY OF: ?o1+IJ �_mG9�s•1Stt� `'T--�Z`1. 1,1�L__32 6P' asTests Scok _J_S� �g1�Q1� - _ Note: T►rriss sycxn is to be constructed to rm et the Wmesoto Po"m C°r*d Agency S-P t£STM^G MAC Chapter 7080 i Local Ordinance a 4ti..•� Note Check all underground utilities �Do": jpAMFjq pH ee_"7_35" -_PAL ISET- BACrtS }-OUSE sys!en r.,V v Ce: :�-.k .:•Q from ;'C�er?y ! -�; i r`�;, . �2c'' •� C•eo ' O 1 C-• S , _:ri : 5 h ricol-1.1 C•eo 1C C . P,c W y ., r 5 / n '� • _� i• j�'� _ "lam ` . 11 y'r►e 1 ' _ Took I „ OrC !0 Tor,k � ' _ (` i _PF�� Min. 10 8� NIP,. i^9 4'10 6"d o. p;,e SYSTEM DESIGN - vo,,� "d7 TYPE---L, -I- KDROON. , Aweroge i*rcolcCon rc-e400r-�min./inch (des-gn.F35gfl !•e`'men! oreo pargo!. of do;'y s Q go' /day x .83sq.ft /gol 4gSl sq.ft. of tn_c'me•' :reo . 10% = ``12 sq ft. ( -- IOft. w',d•h =§-s ft.'e�.yth of bed o'ea Cleon rock needed - Sy7_sq ft. treu'rment o•ea x 1.c s' dep'!, of ra;k=y51'_-i c• 27 =A!-cu yds. ( 3/4 'to 2 l/f 6.0. , ix Clean sond fill be'ow rock needed AiQ_ cu yds. of v x. , . )rv'y laom b0c cu yds. opp+ox. , topsoil 6 _00—e Number of tanks regbred_ °Z_-, Is! tc,*,/POC_goI ,21dllo-k/CDv go! rr.r..-uns F,_L�� t?L:��l `', �11� L-\�7H�►1 �.'� Pumping ct omber copocity- 25% of da'y se+ehje flew of Lrs go'.=1,iv yo!.+ reserve s'orcge of 150 .n 1 /Bw_4.A off`" go'./IOOlinftof__:L'da.s�r):'y pve, Iin.ft.need(,i)0S_, II, VKga'.+rno,.`o'd _15�_'go'./00!nftof _3. do.p+v Val copocity needed '1E_�_go1.(p!js oreo for pump) .-- c r`,•,,. JC000_o4,1.4_,p. D'slr"bu!ion pipe Ledo , Lim 6n ft. , "L'd•o per fore+ions yl�ropcwI Pump size _UAL_ hp. ( pumpoble CopoCIty lVL Qo!. 4 cyc'Ps /day ) _u. ; �-4_ �f-n :: F•� ��.� 7 ti• ��c N s Note : When co•r lruciing bed - , iris oreo sloulC be sloped Now Dis'once from tm 10 dwell run -Off from entet'gnQ treolment oreo. r v NOI E ' [I .:Fr s q py or-d `- PoAches mist 4-,e 6n o .t-io-er proof Er-;D. e c .:'e the pu t4) �A (`•�r.'. r TH_ 3 EL.-t_9 P "SS�'QE MTR.9UTKN VOUNO SYS�FM TH74 TH' 5 Ft_ -,)c—xz EIE%,A?,G` o, , : C ,OSED PVV, -P •., ATT �c ry .'SOP c t t3`k- 10 (�•4 311or do"ly t',_w) of bed e, ea + �s �de s'o;e r un -f ro I It. ..An w.4 r.reckd ) 1/, d�o. , indudes 2" r' rock obcwe 6 _7 Q w yd. f, -' -. _ A v_ c F i-,CCo%--ihr'►f IJ 9 "CC C+QV it is -tU -t r,F'3G�` Fti 1FF� 1'••�'�'t •a-. t 1 / 8 R:—Low got. + pipe bock PAt3PERTY OF : d-0, r-pe, !n tt -o-eded 0 , ? _ go'. T _1 - - ` c - .tit -wt I&A I%_% sjT ti.��-N z�:�- � o-�� r•�►�n. _ ,$- p l EST/NG / from tti:)trrev onto to mee"s— Oes ^*ee ? — I -J A fJ ley' •4 7- 3566 0o+e �10/- /�? PH. 6'2 9 1 L-13 CERTIFICATION 0 00627 Logs of Soil Bor--ngs Location or Project John McDowell, Tract A, PLS 748,Parcei 1, t•de:.t Site,Orono Borings made by S-P Testing, Inc. Steve Schirmers Date 10-17-89 Classifiction System: AASHO USDA-SCS X Unified ; Other Auger used (check two): Hand X or Power , Flight , or Bucket-2 Depth, in feet M Boring number 1 Surface elevation 100.7 I Topsoil (.lark brown loam 0 - 101, 1 - I Gray brown loam 10" - 1'4" 2 - 3 - 4 - 5 - 6 - 7 - 8 - Gray brown clay loam 1'4" - 214" Rusty gray brown clay loam I 214" - 3' strong ?lusty gray brown loan 3-1 ' 2' s,HYlgaay3-1/2' - 3' 10" RusLY olive brown loam 3'10" - 4'10" Rusty olive brown sandy loam 4'10" - 6' End of Loring at 6' feet. Standina water table: present at feet of depth, hours after boring. Not present in hole X Mottled Soil: Observed at 1-112'feet of depth. Not present in hole Comments: Depth, in feet Boring number Surface elevation 2 r) . L Topsoil r,ar'r, brown loan 1'2"-MOTTLING Dark gray clay loam 1 - 1 Rusty qray blown I clay loam strong 1'8" - 2110" 3 Rusty gray silty clay loam 21�.. 4 ! Rusty gray silty 1Oam S I Rusty ollve brown loan, 6 - 5' 2" - 6' 7 - 8 End of boring at Standing water table: present at , feet of depth' hours after moor-ng. Not present in hole X Mottled soil. Observed at 1'2" feet of depth. Not present in hole Co-ments: L-13 CERTIFICATION 0 00627 Logs of Soil Borings Location or Prc_ect John McDowell,Tract A,RLS748,Parcel 1,West 5ite,rrono Borings Tade by S-P Testing, Inc. Steve Sch-rmers Date 1")-17-89 Classifiction System: AASHU USDA-SCS X Unified Ot..ur Auger used (check two): Hand X or Power Flight or Bucket X Depth, in feet M 2 - 3 - 4 - 5 - 6 - 7 - Borinq number_ - 3 Surface elevation 103.3 i Topsoil dark gray brown loam 0 - l'-MOTTLING Dark gray brown clay loam 1' •- lop" 1 Rusty gray brown clay loam strong 3'2" End of boring at 6' feet. Standing water table: present at feet of depth, hours,after boring. Not present in hole X Mottled soil: Observed at 1' feet of depth. Not present in hole Comments: Depth, Ml n feet 0 - I 1 - i ' 3 - I Boring number 4 Surface elevation 103.1-+ I Topsoil d&rk brown loam o - " 1 a IDark gray brown loam 1'4"-MOTTLING 1 Rusty gray brown clay loam strong 18_ 28 Rusty gray silty loam End of boring at 6' feet. Standing water table: present at feet of deptn, hours after boring. Not present .n hole X Mottled soil. Observed at � 0 4" feet of dept".. hot present in no:e Comments: L-13 CERTIFICATION N 00627 Logs of Soil Poringss Location or Project John McDowell, TractA,RI,S748,Parcel 1, west Site,Orono Borings made by S- ^._esting, Inc. :ate✓e _thinners _ :Date 10-17-89 Classifiction System: AASHU ; USDA-SCS X Unified ; Othr-r Auger used (check two): Hand X , or ?owes , Fliaht , or 3,.ckol- X Depth, Boring number 5 jDeoth, Borina number 6 in ( in feet Surface elevation :04.4 feet ! Surface elevation 103.3 0- o- l Topsoil dark brown loam 1 - 1'2"-MOTTLING 0 - 1'4" Dark 1'4" - 1,10" cgia 2 Rusty gray brown 3 _ ' clay loam strong 1 - n I 2 - Topsoil dark brown loam 0 - 1-1/2'-MOTTLING L Rusty gray brown, clay loam strong 1-1/2' 1'10" - 3'10" Rusty olive brown 1 loam 4 - Rusty 3' 10" - 4' 2" gi}e i��r Irwi 4 - i , End of boring at 6' feet. Standina water table: present at feet of depth, hours,after bor_na. Not present in hole x Mottled soil: Observed at 1'2" feet of depth. Not present in hole Comments: End of borino at 6' feet. Standing water table: present at feet of de?,: hours after boring. Not present in hose x Mottled soil: Observed at 1-112' Not present in hole Co^^en.ts : 1-1-i:.#C^627 !IERCOLATIO\' TEST DATA SHEET e Pcrc•+':i':r%n tco n•ad!n:'s rr.,We Iv S—P Testing. INC. on 10-18.-89 %tarting a► 2: 08 .11. Tc�th�:e;>F��ctA,RLS748,Parcel 1, Wes�IIA t &-r 1 Date: o',e wa% preparei' 10-17-89 18 6 Ih rth �•' hr'; �� "rm inchc%. Diameter of hole inches Sr'! ".vn rror, %-%, Sim: texture a 0 - 10" 10" - 16" Topsoil dark brown loam Gray brown loam Gray brown clay loam Method of we a'chinvidewalt Knife 2 Dcr,h '+o^orn of We ;nchc% 10-17-89 11:30am 12 D ite are hot!- of initial water fil;ire , Depth of initial water filling inchc% aNive ho:c Nwom !b'cN,O u-.cd •o maintain at !eav I inches of wwrrderth in hole for at Ica%, d hours Automatic siphon 6 Maximum wa'cr depth ahovc ho'c bottom during tc.I ;nchcc :.roc � I'crcoiautm Ti^,c %Ica%urcmcn*, Drop in water tc, Remark% mIIu'Cs ! inches ;cvcl, ,nchcc minu:ec per ::tc h water remaining in test hole 2:08 2:38 6 13/16 36.9 30 min 2:39 3:09 3:27 3:57 w w w w w Perrolanen gate 3 6. 9 rn!ru'c% -,vr inch. ^_rRT.W627 P".RCOTIATMN 'i c;S T . ATA IFET 1;,•- Perc(O.Won'e-.!rcad•tn c ma-e -, S-P Testing. INC. „ 10-18-39 c_2: u7 t! g • oil tart:n� ., ,-''•rn 7c.thu!c,TractA,RLS748,Parcel 1, West tl,{7t�n:!xr 2 Date hole wr. rc trct-' 10-17-89 F F� 18 6 Dep!h - 1v'c hottt+nt r.che,. Dianiewr o(ho!e in:hcs Soi; data I*rt.." !v%, hole: D.. p'h. inches 0 - 12" Topsoil dark brown 'Loam 12 - 1811 Dark gray clay loam, .Ntetl,(xl of .cralchtng 4idcwal, Knife Nr,li W* pr tve, in `► otum of ho'c 10-17-89 11:30am 12 U .ve : rd h, ur of ini►ial water fi;!ing ')cnth of inrtral water fliiin,R tnche% alx,ve hog c hot±urn MN1,41t' to ma;ntain at tear 12 inches of wa•cr depth in hole for at :ea.t 4 hour. _Automatic s 1phon Maximum wa,cr dc?", have hu;c bottom during test 6 mchc• ' lie......... .1. Mea%uretncnt, Drop in water rate. Remark% inc`lc% lcvc l.:nches minutes per inch Water remaining in test hole 2:07 2:37 6 9/16 53.3 30 min 2:40 3:10 '^ 3:28 3:58 M ^ ^ ^ ^ crRT.400627 ITITOLATIO\ TrS.T DATA STIEEIT l'rn_ ,': (in t .trcc'incc rude by S-P $ting. INc or0-1,8-89 .:ar:n at 2 : 0 6_ p. r, ' T,j�aptA. RLS748, Parcel 1, West umber 3 _ D;�tc'holc way rrc+:rrr� 10-17-89 Uc�,h „f ► „'. `.�, ,• . 18 nchc�. Di;u icter of ho'e 6 inchc. Jr h.rnchc% tiui:tcr'urr _ Q -_12"_ Tnpsoil dark gray loam _ 12" - 18" Darx gray brown clay loam %1tNxl of %I:ratcf-m• .it:cwa;, Knife 2 De-th of gr . vcl in hot!orr of ho'e ^:Fc� Ditc and hot -V initial wmer iV:: 10-17-89__111.3Dam . L',.Pt i,,' initial water fiilan- 12 rc` c. ati, �r "•�'r �n„m M. C1hntl Uv !o maintain art ica%t l: inchcoiof wa!er depth in hole 'o• at least a hour Automatic siphon_ 6 -- Maximum wager dep-.'i above bole !+ottom during; lc.! ruche% T-me Prrco:.ruon ' "C iwerval, Mca.urement. Dror in water rate. minutcc inches leve,.inches minute. �cr -- — nch Water remaining in test hole 2 : 0 6 2:36 6 1/2 60.3 30 7 1.. 2:41 3:11 11 11 to" 3 : 2 9 3:59 NO to of to to Pc•ca anc n . tr = 60 r,7 PERCOT ATIO\ TEST DATA SME': S—P Testing, Inc. i0-18-89 2:05.. Pcrco'ation'.-%I-ccu'In,% ni:Wc t,% on .'amc nJI l—P.m. TractA,RLS748,Parcel 1, West Site Test hole !ot aticn_ ! tole num,cr 4 ,,1 10-17— 8 9 Mpth of ho'r !x .wn 18 inche%. D.ar ,eter of hole 6 inches Soil da'a fm•n tck, ho'c: !-N•-th, Irchcs Sol; levve 0 - 8" Topsoil dark brown loam 8" - 18" Dark gray brown loam. S:r!htK: of .r�alching sit ewal! Knife Ihp•h of F•ave; in ',(,,!tom of hole 2 inchc� 10-17-89 11:30am 12 Dalc and ho•ir of initial water fi!ltnR ._ Depth of Initial wa.c� filling inches above hole bottom Methoe u.c ' •(• +rnir•:%in at !cast ! 2 inches or water depth in hole for at :cast 4 hours Au tomat iC siphon .Maximum water depth above ho:c hot.om during tc%t_ 6 _inches ' 1• I rre Percolation Time interval, Meawremcnt, Drop in water rate. Rental h. "linut" inches leve', inches ininwe% per i n. h water remaining in test hole 2:05 2:35 6 3/4 40.0 30 min 2:42 3:12 " 3:30 4:00 " 40.0 ' , ^'.1 '), 1, 'C> P.T.*^0527 PERCOLATION TEST DATA SIIEET Perco%&on tc•t reading% ❑bade w S—P Testing. Inc. on 10-13-59 �tarticti TcCt h�lc !�� �T-ractA, RLS748, Parcel 1, Wes�1�51c$. it& '' . Dat%;�hoic was , ;c;1.«« l4 r'h :�� ho'r h+•'��m 18 nch^%. '?i: ^ •,c r of hole 6 �nehec Sev! d'a'a fro,n lest ho'c. Pt—h. -nc' ,.,% Su:: tevure 0 - 16" Topscil dark brown loan* 16" - 18" Dark gray brown clay loam strong V'c•htx! of %idcwalt Knife 2 Ihpth W* ravel in hottom of hole inch%, 10-17-89.TIR 30aj 12 Dat;:��hcuir or initawa!^r fltine epnia•water MlinK inchc% abw+ve ho!e'kittom Vlclh:rl user' to maim,;n -it leant 1', inchc%of watereepth in hole for at Ica%, 4 hour% Automatic siphon 6 .Maximum water depth above hole bottom during te•,;nches T; m� Time ;wcma'. minu'e% Me.1%uremew. inches Drop in water :cvc:. inche% Perco:aeon rate. Remarks minute%per inch water remaining in test hole i 2:03 2:33 6 9/16 53.3 30 min 2:43 3:13 " 3:31 l 4:01 } " Pc•�i�latirn •ate : S 3.3 minutcr per inch. !`rn }�nr.i i PFRCO .ATIO\ TEST DATA SIIEET -.. Perc a' or . orea:''^rc madc 5y S-P Testing, Inc on 1 0-18-89 s,tart at 2 C 4 _1111P m. Tes,th -mile:c�iX`��tA,RLS748,Parcel 1, Westl�l�'mtier 6 Da.cholewas,,rr,are' 1'�-17-89 (h•nth of 18 inches,, Diameter of hole 6 ,aches, Soil t!ata fr<•rt !es,t K 'e: Je •'h. inches, Soil texture �'rthty! of �� .: ch:n� s,idrs,val; Knife -- 2 'h•r•h or ^.•� el in hertom of hole inches, 10-17-89 11:30am 12 Date and hour of inili;' wa'^r filling Derh of initial water filling- rc�e. above hole Mittom vc t! maintain a ! 'eat! 12 inches, of water depth in hole for at lca%t 4 hour% All t o a t i c S i a i o': Maximum water depth a5ovc he:c bottom during te%, 6 inches, Percolation T+•re inlerti'a', Mea<urcment. Drop to water rate. Keniarks, incti % level. i^.ches, m`nutc% per inch Water remaining in test hole 2:04 _ 2:34 6 1 30.0 30 .,,i 2:44 _3:14 of" 3:32 i 4:02 of" "