Loading...
HomeMy WebLinkAbout#15-3726 Project PacketMemo To: Finance Department from: Christine Mattson, Planning Assistant CC: Zoning File Date: September 22, 2015 GIL: 101-22205 Re: Escrow Refund Rlanning & Eoning Degaitment Zoning application #15-3726 pertaining to 4355 Bayside Road is complete. Please refund $2,500 to the property owner, Greg White. The following is attached: • Documentation from Campbell-Knutson stating they have no unbilled WIP • Documentation from Bolton & Menk stating they have no unbilled WIP • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Greg White 4355 Bayside Road Maple Plain, MN 55359 z:\zoning applications\2015 #3704 thru\15-3726 (4245, 4355, 4375 bayside rd) llrgmt\escrow refund 15-3726.docx LAND USE APPLICATION ESCROW AGREEMENT Application # IS --·:'.3,-:/ Z-~ AGREEMENT made this / l~ day of ~ , 20 / 5, _py 13n~ between the CITY OF , a Minnesota municipal corporation ("City") and c;,;eliyq l;, Wlt/7if ;i1.?~N/V d [a corporation -optiona~ ("Owners"). Recitals le;-~-7~ormally requesting the City to review plans .::.L,.::::::.:::::.:;::..-S:::::-!:!..~ue,:-.=,..£:.~~----1(the "Subject Property'') legally 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $,,&SZIO.IIO with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or wm incur in meeting with the Ownerscreviewing the plans, and preparing agenda packet material for City Council review of Land Use Application #l-::r31Z.LJJ . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHL V BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. :[d!lllortd? Its: y?l a_,M_ yt _Q V Its: fJ t&)NE,e.5 CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- 11111111111111111 Ii 11111111111:1 I /Iii i 111 I'll 11!1 II 11111111 *2015-00316* DATE ISSUED: 03/18/2015 (952) 249-4600 FAX: (952) 249-4616 ADDRESS PIN LEGALDESC : 4355 BAYSIDE RD : 06-117-23-12-0007 : UNPLA TTED 06 117 23 : LOT 000 BLOCK 000 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING APPLICATION #15-3726 APPLICANT WHITE, GREG & LYNN 4355 BAYSIDE RD MAPLE PLAIN, MN 55359- OWNER WHITE, GREG & LYNN 4355 BAYSIDE RD MAPLE PLAIN, MN 55359- AGREEMENT AND SWORN STATEMENT The work for which this pennit is issued shall be perfonned according to the approved plans and specifications, applicable City approvals, and the State Building Code. This pennit is for only the work described and does not grant pennission for additional or related work which requires separate pennits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This pennit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in confonnance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL Payment(s) CHECK 1313 City of Orono 2750 Kelley Parkway Orono MN 55356 Receipt No: 3.012979 952-249-4600 Mar 18, 2015 Greg & Lynn White Planning and Zanin$ 15-3726 4355 Bayside Rd 700.00 101-34420 Cond Use-Variance-Dev Fees Planning and Zanin$ 15-3726 4355 Bayside Rd 2,500.00 101-22205 Deferred Rev-Developer Deposit ---------------Total: 3,200.00 Check Check No: 1313 Payor: Greg & Lynn White Total Applied: Change Tendered: -------·-----·--- 3,200.00 3,200.00 .00 03/18/2015 10:02AM ---=- Issued By Signature Date I 2,500.00 'o.oo 2,500.00 2,500.00 I Christine Mattson From: Sent: To: David Martini <davidma@bolton-menk.com> Wednesday, September 23, 2015 10:07 AM Christine Mattson Subject: We have no WIP. David P. Martini, P.E. Bolton & Menk, Inc. RE: Unbilled WIP P: (952) 448-8838 ext. 2458 M: (612) 756-4315 email: davidma@bolton-menk.com From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Tuesday, September 22, 2015 1:30 PM To: 'Sherry Charboneau' <SCharboneau@ck-law.com>; David Martini <davidma@bolton-menk.com> Subject: Unbilled WIP Hi. Do either of you have any unbilled WIP for the lot line rearrangement application for 4355 Bayside Road, Application Number #15-3726 for Greg White? Thank you. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono MN 55356 (physical address) PO Box 66 I Crystal Bay I MN 55323-0066 (mailing address) if 952.249.4620 I @ 952.249.4616 cmattson@ci.orono.mn.us I '-'El www.ci.orono.mn.us Office Hours: Monday -Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Wednesday, November 11, 2015 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 Christine Mattson From: Sent: Sherry Charboneau <SCharboneau@ck-law.com> Tuesday, September 22, 2015 4:02 PM To: Christine Mattson Subject: RE: Unbilled WIP Hey Christine: Nothing for Campbell Knutson. Have a good rest of your day. Sherry Sherry L. Charboneau Legal Assistant CAMPBELL KNUTSON, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Direct Dial: (651) 234-6230 Fax: (651) 234-6237 Email: scharboneau@ck-law.com PLEASE NOTE OUR ADDRESS CHANGE IN YOUR RECORDS. IMPORTANT: This electronic message contains information from Campbell Knutson or its attorneys that is presumptively confidential and, if sent to clients or co-counsel, may be privileged or otherwise protected from disclosure. The unauthorized use, distribution, or re-transmission of any part of this message by an unintended recipient is strictly prohibited and may be a violation of law. If you are not the intended recipient of this e-mail, please contact the sender immediately and delete all copies. Thank you. From: Christine Mattson [mailto:CMattson@ci.orono.mn.us] Sent: Tuesday, September 22, 2015 1:30 PM To: Sherry Charboneau; David P. Martini Subject: Unbilled WIP Hi. Do either of you have any unbilled WIP for the lot line rearrangement application for 4355 Bayside Road, Application Number #15-3726 for Greg White? Thank you. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway Orono MN 55356 (physical address) PO Box 66 I Crystal Bay I MN 55323-0066 (mailing address) If 952.249.4620 I ~ 952.249.4616 cmattson@ci.orono.mn.us "El www.ci.orono.mn.us Office Hours: Monday -Friday 8 am to 4:30 pm 1 Melanie Curtis From: Sent: Droneck, Michelle (TRG) [Michelle.Droneck@BurnetTitle.com] Thursday, July 02, 2015 3:09 PM To: Melanie Curtis Cc: John Winston; 'Greg White' Subject: RE: Greg White -Lot line rearrangement -4355 Bayside Road - Melanie, Thank you for your email. I will work with the parties to complete the closings. I will let you know if there are further questions. Have a great 4th of July holiday weekend. will be dosed on Friday, 3 in Observance of Independence Day. Michelle Droned< I Closing Account Executive Burnet Title 700 Highway 55 East, Buffalo, MN 55313 P763-684-4933 I F 763-684-0067 I michelle.droneck@burnettitle.com From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Thursday, July 02, 2015 8:57 AM To: Droneck, Michelle (TRG) Cc: John Winston; 'Greg White' Subject: RE: Greg White -Lot line rearrangement -4355 Bayside Road - Michelle I'm sorry for the delay. I was out of the office and then, upon return, needed to better understand your questions. See my responses below in RED. Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us From: Droneck, Michelle (TRG) [mailto:Michelle.Droneck@BurnetTitle.com] Sent: Thursday, June 25, 2015 10:49 AM To: Melanie Curtis Cc: John Winston; 'Greg White' Subject: Greg White -Lot line rearrangement -4355 Bayside Road - Melanie, 1 Melanie Curtis From: Melanie Curtis Sent: To: Thursday, July 02, 2015 8:57 AM 'Droneck, Michelle (TRG)' Cc: John Winston; 'Greg White' Subject: RE: Greg White -Lot line rearrangement -4355 Bayside Road - Michelle I'm sorry for the delay. I was out of the office and then, upon return, needed to better understand your questions. See my responses below in RED. Melanie Melanie Curtis, Planner Direct 952.249.4627 Planning & Zoning Office 952.249.4620 2750 Kelley Parkway, Orono, MN 55356 Email: mcurtis@ci.orono.mn.us Website: www.ci.orono.mn.us from: Droneck, Michelle (TRG) [mailto:Michelle.Droneck@BurnetTitle.com] Sent: Thursday, June 25, 2015 10:49 AM To: Melanie Curtis Cc: John Winston; 'Greg White' Subject: Greg White -Lot line rearrangement -4355 Bayside Road - Melanie, This email is a follow up to the voice mail message I have left for you. Burnet Title is working with Greg White and his buyers on closing the sales of the lot line rearrangement. The Partial Release of Mortgage has been received and we have scheduled the closings for both lots to take place this afternoon at 2:00. Initially the sales were structured as Contract for Deeds. The requirement of the lot line rearrangement is that the transferred portion shall not be considered a standalone buiidable lot, and shall be legally combined with the revised property-added to the existing parcels. Dave at Hennepin County has indicated they are not able to combine the transfer legal until the Contract for Deeds are paid in ful!. This was my initial concern regarding the proposed sale transactions and the timing for each to be final, The Steven and Patricia White purchase of the 7.06 acres will now be a cash purchase. The attached Warranty Deed will be filed with the Resolution. The Todd and Lisa Sylvester purchase of the 4.61 acres will continue to be a Contract for Deed purchase with the Balloon Date to be prior to the April 27,2016 deadline so that the Contract for Deed can be paid in full and the Warranty Deed can be filed prior to the April 27, 2016 VOID/deadline. Because Burnet Title does not have control over the Contract for Deed payoff, Burnet Title is asking for a letter from the City of Orono stating that if the Contract for deed portion fa!is thru and the property is not deeded to Todd and Lisa Sylvester that the Steven and Patricia White transfer with the recorded deed is still in effect on April 27, 2016. The current resolution does not specifically state that the transactions can be transferred independently. The resolution allows for the lot lines to be moved as shown. If one of the transactions does not happen it will not negate the approval for the other 1.mless the resolution has expired. 60-days prior to expiration the property owner should request an extension of the allowed filing time to be considered and granted by the City Council. Can you please assist us with this request so that we can close this afternoon? Thank you. 1 Michelle Droneck I Closing Account Executive Burnet Title 700 Highway 55 East, Buffalo, MN 55313 P763-684-4933 I F 763-684-0067 I michelle.droneck@burnettitle.com .. * From: Greg White [mailto:gregwhite@mediacombb.net] Sent: Tuesday, May 19, 2015 5:09 PM To: Melanie Curtis Cc: John Winston; Droneck, Michelle (TRG) Subject: Re: Lot line rearrangement Melanie, Yes, you can send the certified copy to Michelle Droneck at Burnett Title. I am copying her on this so she will be expecting it. Can you also send me a copy via email that I can forward to my mortgage lender for the partial release? Thanks, Greg White From: "Melanie Curtis" <MCurtis@ci.orono.mn.us> To: "Greg White" <gregwhite@mediacombb.net> Cc: "John Winston" <john@winstonlawofflce.com> Sent: Tuesday, May 19, 2015 4:27: 19 PM Subject: RE: Lot line rearrangement Greg Sorry for the delay. I just heard back from the City Attorney today. He has instructed that I should send a certified copy of the signed resolution to the closer asking that it get recorded. Should I send the certified copy to Michelle Droneck's attention at Burnet Title? Melanie Curtis fi952.249.4627 ~mcurtis@ci.orono.mn.us from: Greg White [mailto:gregwhite@mediacombb.net] Sent: Friday, May 15, 2015 8:57 AM To: Melanie Curtis Cc: John Winston Subject: Fwd: Lot line rearrangement Melanie, Can you give me an update on where the City is with this? Thanks, Greg 2 From: "Michelle Droneck (TRG)" <Michelle.Droneck@BurnetTitle.com> To: "Greg White" <gregwhite@mediacombb.net> Sent: Thursday, May 14, 2015 9:50:02 PM Subject: RE: Lot line rearrangement Greg, We typically record the original Resolution prior to recording the deeds -in this case the Contract for Deeds. Please keep me updated once you hear back from the City Thank you Michelle Michelle Droneck I Closing Account Executive Burnet Title 700 Highway 55 East, Buffalo, MN 55313 P763-684-4933 I F 763-684-0067 lmichelle.droneck@burnettitle.com<mailto:% 7Cmichelle.droneck@burnettitle.com> From: Greg White [gregwhite@mediacombb.net] Sent: Thursday, May 14, 2015 10:45 PM To: Droneck, Michelle (TRG) Subject: Re: Lot line rearrangement Michelle, The appraisal is supposed to be complete tomorrow. Assuming I get it in electronic format, I will forward to my lender tomorrow as well --I don't know how long it will take them to process once they get it. I have not heard anything more back from Orono since the email I replied to and copied you on yesterday. I will let you know when I hear something. Thanks, Greg 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6498 NO. _________ _ A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FILE NO.15-3726 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Todd Sylvester and Lisa Sylvester, a married couple, (hereinafter the "Owners of 4245") are the owners of the property located at 4245 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit A (hereinafter the "Sylvester Property"); and WHEREAS, Gregory White and Lynn White, a married couple, (hereinafter the "Owners of 4355") are the owners of the property located at 4355 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit B (hereinafter the "Greg White Property"); and WHEREAS, Steven White and Patricia White, a married couple, (hereinafter the "Owners of 4375") are the owners of the property located at 4375 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit C (hereinafter the "Steven White Property"); and WHEREAS, the Owners of 4245; the Owners of 4355; and the Owners of 4375 have collectively made application to the City for approval of a lot line rearrangement which would relocate the lot boundary lines between the properties; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the lot line rearrangement on April 20, 2015 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Orono City Council reviewed the proposed lot line rearrangement at a regular meeting held on April 27, 2015 and makes the following findings with regards to the proposed lot line rearrangement: Page 1 of3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _ ___;:6::;...._4~9'--8 __ FINDINGS 1. This application was reviewed as Zoning File #15-3726. 2. The Sylvester Property contains 7.14 acres in total area currently contains a single family home and a tennis court. 3. The Greg White Property contains 21.27 total acres and contains a single family home and detached garage. 4. The Steve White Property contains 21.54 total acres and contains a single family home and barn. 5. The properties are served by private wells and conforming private septic systems. 6. This application contemplates a lot line rearrangement to transfer the following: a. A 4.61 acre portion of the Greg White Property to the Sylvester Property. The 4.61 acre portion of property to be transferred contains no improvements; and b. A 7.06 acre portion of the Greg White property to the Steven White Property. The 7 .06 acre portion of property to be transferred contains no improvements. 7. Following the lot line rearrangement the Sylvester Property will contain 11. 75 acres in area; the Greg White Property will contain 9.60 acres; and the Steven White Property will contain 29.6 acres in area. 8. The lot line rearrangement will not result in the creation of a nonconformity. 9. The portions of the Greg White Property to be transferred to the Sylvester Property and Steven White Property are not intended to be standalone building lots. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. CONCLUSIONS, ORDER AND CONDITIONS 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 grants the lot line rearrangement of the above referenced properties based on the lot line rearrangement survey dated 03/04/15 by Mark Gronberg of Gronberg & Associates, attached as Exhibit D; subject to the following conditions: Page2 of3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6-4 9 8 NO . _________ _ 1. The 4.61 acre portion of the Greg White Property to be transferred shall not be consioered a standalone buildable lot, and shall be legally combined with the revised Sylvester Property. 2. The 7.06 acre portion of the Greg White Property to be transferred shall not be considered a standalone buildable lot, and shall be legally combined with the revised Steven White Property. 3. Following the lot line rearrangement the properties shall be legally described as follows: a. Sylvester Property: Attached as Exhibit E; b. Greg White Property: Attached as Exhibit F; c. Steven White Property: Attached as Exhibit G. 4. The Owners shall file the appropriate deeds reflecting the new legal descriptions (subject to City Attorney approval) with the Hennepin County Recorder's Office and/or Registrar of Titles Office on or before April 27, 2016, or the approval granted by this resolution shall expire . Adopted by the City Council of Orono, Minnesota this 27th day of April, 2015. ATTEST: - jg.~KJLJ{L Lili Tod McMillan, Mayor Page3 of3 Zoning File #15-3726, Resolution Exhibit A: Existing Legal Description SYLVESTER PROPERTY: That part of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point in the East line of said West½ 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 56 minutes 30 seconds West, 345.23 feet; thence Southerly 220 feet along a line if 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 bearing due South 233.4 feet from a point bearing North 85 degrees OS minutes West, 270 feet from the point of beginning; thence due North 233.4 feet; thence South 85 degrees 05 minutes East, 270 feet to the point of beginning; for purposes of this description the East line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; Together with a non exclusive easement for driveway purposes over that part of the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Road No. 84, and together with a non-exclusive easement for driveway purposes over that part of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Road No. 84, Hennepin County, Minnesota, and a non-exclusive easement for driveway purposes over the West 25 feet of the North 370 feet of Tract F, Registered Land Survey No. 748, files of Registrar of Titles, County of Hennepin. Zoning File #15-3726, Resolution Exhibit B: Existing Legal Description GREG WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Easterly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending EXCEPT that part of the West half of the Northeast quarter of said Section 6 described as follows: Beginning at the Southeast corner of the West half of the Northeast quarter; thence on an assumed bearing of North along the East line of said West half of the Northeast quarter a distance of 1167.98 feet; thence on a bearing of West a distance of 513.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West a distance of 345.23 feet; thence Southerly to the Southwest corner of the East half of the West half of said Northeast quarter; thence Easterly along the South line of said Northeast quarter to point of beginning. Zoning File #15-3726, Resolution Exhibit C: Existing Legal Description STEVEN WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending. EXCEPT that part thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West a distance of 589 feet to the centerline of the County Road which extends across said Northeast Quarter; thence Northwesterly along the centerline of said County Road to the West line of said Northeast Quarter; thence Northerly along said West line to the point of beginning. ALSO EXCEPT that part of said Northeast Quarter of Section 6 described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence East along the North line of said Northeast Quartet a distance of 514 feet to actual point of beginning; thence deflecting right 117 degrees 30 minutes a distance of 589 feet to the centerline of County Road No. 84; thence deflecting left along said centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds a distance of 662.11 feet to a point on the North line of said Section 6; located 216.55 feet East of the point of beginning; thence West along said North line a distance of 216.55 feet to point of beginning. PROPOSED LOT LINE RE \NGEMENT AND ,_... CERTIFICATE OF :.. . IEY FOR GREG WHITE, STEVE WHITE & la TODD SYLVESTER IN THE NE 1/4 OF SEC. 6-117-23 HENNEPIN COUNTY , MINNESOTA -100 0 100 200 300 ~ SC ALE IN f' £ET I ,~~ I I I I I : .... ~.'! .. ·: ... ,:"• LAKE le=::~-~.,.,..~ ........ N .,, 0 m ~ #3726 R;;;CEWED MAR 172015 CITY OF ORONC i m PROJECT GRONBERG & ASSOCIATES , INC . CJVD. ZKGDnfDS, LAHD SO'&T'EYORS, LAND PLANNBRS f"":'111!:":,.a~-+4S N0R1'H WU.OW DF1Vt LCltC LAI([. MN ~ "2-473-414, Zoning File #15-3726, Resolution Exhibit E: Proposed Legal Description SYLVESTER PROPERTY: That part of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point in the East 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 56 minutes 30 seconds West, 345.23 feet; thence Southerly 220 feet along a line if 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 bearing due South 233.4 feet from a point bearing North 85 degrees 05 minutes West, 270 feet from the point of beginning; thence due North 33.4 feet; thence South 85 degrees 05 minutes East, 270 feet to the point of beginning; for purposes of this description the East line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; Together with a non exclusive easement for driveway purposes over that part of the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Road No. 84, and together with a non-exclusive easement for driveway purposes over that part of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Road No. 84, Hennepin County, Minnesota, and a non-exclusive easement for driveway purposes over the West 25 feet of the North 370 feet of Tract F, Registered Land Survey No. 748, files of Registrar of Titles, County of Hennepin. ALSO That part of said West half of the Northeast Quarter lying southerly of the centerline of Bayside Road, northerly of "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said West Half of the Northeast Quarter; thence north along the East line of said West half a distance of 1167.98 feet to the point of beginning of said "Line A"; thence west perpendicular to said East line a distance of 427.00 feet to "Point A" and said "Line A" there ending, and lying easterly of a line described as beginning at said "Point A"; thence northeasterly deflecting right 108 degrees 46 minutes 10 seconds when measured from west to north from the prolongation of said "Line A 11 a distance of 693.17 feet, more or less, to the centerline of Bayside Road, and said line there ending. Zoning File #15-3726, Resolution Exhibit F: Proposed Legal Description GREG WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies southerly of the centerline of Bayside Road, and Easterly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending EXCEPT that part of the West half of the Northeast quarter of said Section 6 described as follows: Beginning at the Southeast corner of the West half of the Northeast quarter; thence on an assumed bearing of North along the East line of said West half of the Northeast quarter a distance of 1167 .98 feet, to the point of beginning of "Line A"; thence on a bearing of West a distance of 427 .00 feet to "Point A" and said "Line A" there ending; thence continuing on a bearing of West 86.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West a distance of 345.23 feet; thence Southerly to the Southwest corner of the East half of the West half of said Northeast quarter; thence Easterly along the South line of said Northeast quarter to point of beginning. ALSO EXCEPT That part of said West half of the Northeast Quarter lying Southerly of the centerline of Bayside Road, northerly of said "Line A", and easterly of a line described as beginning at said "Point A 11 ; thence northeasterly deflecting right 108 degrees 46 minutes 10 seconds when measured from West to North from the prolongation of said 11 Line A" a distance of 693.17 feet, more or less, to the centerline of Bayside Road, and said line there ending. Zoning File #15-3726, Resolution Exhibit G: Proposed Legal Description STEVEN WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending. EXCEPT that part thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West a distance of 589 feet to the centerline of the County Road which extends across said Northeast Quarter; thence Northwesterly along the centerline of said County Road to the West line of said Northeast Quarter; thence Northerly along said West line to the point of beginning. ALSO EXCEPT that part of said Northeast Quarter of Section 6 described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence East along the North line of said Northeast Quarter a distance of 514 feet to actual point of beginning; thence deflecting right 117 degrees 30 minutes a distance of 589 feet to the centerline of County Road No. 84; thence deflecting left along said centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds a distance of 662.11 feet to a point on the North line of said Section 6; located 216.55 feet East of the point of beginning; thence West along said North line a distance of 216.55 feet to point of beginning. ALSO That part of said West half of the Northeast Quarter lying northerly of the centerline of Bayside Road and easterly of the following described line: Commencing at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 1104.00 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.00 feet and said line there ending. Form No 5-M -Warranty Deed lndividual(s) to Joint Tenants No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No.----~- Date County Auditor Minnesot; ilTl Conveyancing Blanks (6/1 /97) By _______ -::---------- Deputy eCRV number: __________ _ DEED TAX DUE: $ _______ _ Date: June 2015 (reserved for recording data) FOR VALUABLE CONSIDERATION, Gregory C. White. a/k/a Gregory White and Lynn M. White a/k/a Lynn H. White. a/k/a Lynn White. married to each other Grantor(s). hereby conveys and warrants to Steven c. White and Patricia L. H. White Grantees, as joint tenants, real property in Hennepin County, Minnesota, described as follows: See Exhibit A attached hereto PIO: together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Building and zoning laws, ordinances, state and federal regulations; Restrictions relating to use or improvement of the property without effective forfeiture provisions; Reservation of any mineral rights by the State of Minnesota; Utility and drainage easements which do not interfere with existing improvements. Check box if applicable: IE] The Seller certifies that the seller does not know of any wells on the described real property. □ A well disclosure certificate accompanies this document or has been electronically filed. (if electronically filed, insert woe number: ____ .) □ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described property have not changed since the last previously filed well disclosure certificate. Gregory C. White Aff!X Deed Tax Stamp Here Lynn M. White STATE OF MINNESOTA ) ) SS. COUNTY OF uH=EN!.!JN!.!JE=-'P..,_IN,_,,__ ______ ...,_) This instrument was acknowledged before me on -----------:-:--:-:-:-:-:---c:-.,---:---. by Gregory c. White. a/k/a Gregory White and Lynn M. White. a/k/a Lynn H. White, a/k/a Lynn White, married to each other NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) Burnet Title 5151 Edina Industrial Boulevard, Suite 500 Edina, MN 55439 File # 15-07264 Production # 520389 Signature of Notary Public or other Official Check here if part or all of the land is Registered (Torrens) [ ] Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): Grantees: Steven C. White Patricia L. H. White 4375 Bayside Road Maple Plain, MN 55359 (rev. 7112113) EXHIBIT"A" Legal Description File No. 15-07264 That part of the West half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying northerly of the centerline of Bayside Road and easterly of the following described line: Commencing at the Northwest comer of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 1104.00 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.00 feet and said line there ending. Records of Hennepin County, MN. Abstract Property. 14:34 MORTGAGE SERVICES ➔ *817636840067 N0.958 Gl01'. Partial Release of Mortgage Date: June 22, 2015 FOR VALUABLE CONSIDERATION, the real property in Hennepin County, Minnesota, legally described as follows: See Exhibit A attached hereto is hereby released from the lien of the Mortgage, owned by the undersigned, PHH Mortgage Corporation As Limited Power Of Attorney For Bank of America, N.A. executed by Gregory C. White and Lynn H. White, husband and wife , Mortgagor to Bank of America NA, as Mortgagee, and filed for record November 1, 2012. as Document No.9867354, in the office of the~ Recorder, Hennepin County, Minnesota. Seal State of New Jersey ) ) ss: County of Burlington ) PHH Mortgage Corporation As ·Limited' Pow.er Of Attorney For Bai{ Of Am· · a, .NA f instrument was acknowledged before me this ~day of June, 2Q15, by and Lisa RothweiD. the .4%rs)..,,VJ.-t-e /"fe..sl~~and ..,_-'!"-,,.,_--"'-'i-->lr----of PHH Mortgage Corporation As Limited Power Of Attorney For , NA a Corporation under the laws of the State of New Jersey, on behalf of the ~t,..u-re _____ _ !lorothY J. OeMaico Notary Mlle of New Jeisey My Comm. Expires: Nooober ,s, 2017 EXHIBIT"A" PARTIAL RELEASE OF MORTG~GE That part of the West halfof the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5~ Principal Meridian lying northerly of the centerline of Bayside Road and easterty of the following descn"'bed line: Commencing at the Nortnwest comer of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 1104.00 feet to the point of beginning of the fine being described; thence South 22 degrees 30 minutes West a distance of 1280.00 feet and said fine there ending. Records of Hennepin County, MN. Abstract Property. AND That part of the West half of the Northeast Quarter of Section 6, Township 117 North, Range23 West of the 5~ Principal Meridian lying southerty of the centerline of Bayside Road, northeny of ·une A,• said "Line A"' being described as follows: Commencing at the Southeast comer of said West Half of the Northeast Quarter; thence north along the East line of said West half a distance of 1167.98 feetto the point of beginning of said "Line A"; thence west perpendicular to said East fine a cfistance of 427.00 feet to "Point A" and said 'Line A' there ending, and lying easterly of a line described as beginning at said "Point A"; thence northeasterly deflecting right 108 degrees 46 minutes 1 O seconds when measured from west to north from the prolongation of said "Line A" a distance of 693.17 feet, more or less, to the centerline of Bayside Road, and said line there ending. Records of Hennepin County, MN. Abstract Property .. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 27, 2015 7:00 o'clock p.m. #15-3722 STORMWATER AND DRAINAGE TRUNK FEE -SECOND REVIEW (co · ued) if the City is not going to charge for all wetland acreage, then they d words newly ere d wetlands in there. McMillan noted the Council d1 · elude newly created wetlands und Walsh stated that was a credit issue. McMillan stated this would be a no charge iss McMillan stated when they do wetland m~ 10n, it is deline d. Gaffron asked if the Council has any ~t!ons on Page 4, Section 14-84, where it talks about new development projects . .Gaffron stat this language attempts to lay out s e parameters around different types of development projects. McMillan stated it appears Walsh stated it makes ood sense and is pretty straight forward. Gaffron indicate e will make the suggested changes discussed this evening and bring the Cou il some examples so t y will be able to better understand how the fee will work under different scenarios. Levan oved, Printup seconded, to table Application No. 15-3722, Stormwater and Drainage Fee. VOTE: Ayes 5, nays 0. *6 . #15-3726 GREGORY WHITE O//B/O GREGORY AND LYN WIIlTE STEVEN AND PATRICIA WIIlTE TODD AND LISA SYLVESTER, 4355, 4375, AND 4245 BAYSIDE ROAD - SUBDMSION FOR A LOT LINE REARRANGEMENT -RESOLUTION NO. 6498 Levang moved, Cornick seconded, to adopt RESOLUTION NO. 6498, a Resolution Approving a Subdivision of a Lot Line Rearrangement for the properties located at 4355, 4375, and 4245 Bayside Road. VOTE: Ayes 5, Nays 0. *7. Levang moved, Cornick seconded, to appr maintenance worker. VOTE: A , ays 0. Page 15 of 21 Date Application Received: 03/17/15 Date Application Considered as Complete: 03/17/15 120-Day Review Period Expires: 05/16/15 REQUEST FOR COUNCIL ACTION Department Approval: Administrator Approval: Name: Melanie Curtis l'Y)CC Title: Planner Item Description: #15-3726 -Gregory White -Lot Line Rearrangement Date: 21 April 2015 Item No. Agenda Section: 4245 Bayside Road/ PID 06-117-23-13-0001 (Todd & Lisa Sylvester) 4355 Bayside Road/ PID 06-117-23-12-0007 (Greg & Lynn White) 4375 Bayside Road/ PID 06-117-23-12-0008 (Steve & Patricia White) Zoning District: List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. LR-lA Single Family Lakeshore Residential, 2.0 acres/200' RR-lA Single Family Rural Residential, 5.0 acre/300' RR-lB Single Family Rural Residential, 2.0 acre/200' Draft Resolution Existing/Proposed Survey Colored Existing/Proposed Exhibits PC Memo & Exhibits 04/14/15 Application Summary: The applicant is requesting approval of a lot line rearrangement between each of the three properties at 4245 Bayside Road; 4355 Bayside Road; and 4375 Bayside Road as indicated on Exhibits Band C. The lot line rearrangement will not result in the creation of a new buildable lot or any new nonconformity for any of the properties involved. Planning Commission Recommendation On April 20, 2015 the Planning Commission voted 5 to Oto recommend approval. The public hearing was held and one member ofthe audience wanted clarification about whether or not a new buildable lot was being created as part of this application or if a new, separate application would be necessary to do so. Planning Staff Recommendation The applicant has provided new proposed legal descriptions for each property. Staff recommends approval of the lot line rearrangement as proposed, subject to the following conditions: 1. The east 4.61 acre portion of the 4355 Bayside property shall be combined with 4245 Bayside and not remain as a standalone lot as a result of this approval; likewise the northern 7.06 acre portion of the 4355 Bayside property shall be combined with the 4375 Bayside property at the time of resolution recording; and 2. The applicant will be required to record new deeds based on the new legal descriptions. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached resolution approving the lot line rearrangement. A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FILE NO. 15-3726 Council Exhibit A WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, Todd Sylvester and Lisa Sylvester, a married couple, (hereinafter the "Owners of 4245") are the owners of the property located at 4245 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit A (hereinafter the "Sylvester Property"); and WHEREAS, Gregory White and Lynn White, a married couple, (hereinafter the "Owners of 4355") are the owners of the property located at 4355 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit B (hereinafter the "Greg White Property"); and WHEREAS, Steven White and Patricia White, a married couple, (hereinafter the "Owners of 4375") are the owners of the property located at 4375 Bayside Road within the City of Orono (hereinafter "City") and legally described as: Attached as Exhibit C (hereinafter the "Steven White Property"); and WHEREAS, the Owners of 4245; the Owners of 4355; and the Owners of 4375 have collectively made application to the City for approval of a lot line rearrangement which would relocate the lot boundary lines between the properties; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the lot line rearrangement on April 20, 2015 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Orono City Council reviewed the proposed lot line rearrangement at a regular meeting held on April 27, 2015 and makes the following findings with regards to the proposed lot line rearrangement: Page 1 of 3 FINDINGS 1. This application was reviewed as Zoning File #15-3726. 2. The Sylvester Property contains 7.14 acres in total area currently contains a single family home and a tennis court. 3. The Greg White Property contains 21.27 total acres and contains a single family home and detached garage. 4. The Steve White Property contains 21.54 total acres and contains a single family home and barn. 5. The properties are served by private wells and conforming private septic systems. 6. This application contemplates a lot line rearrangement to transfer the following: a. A 4.61 acre portion of the Greg White Property to the Sylvester Property. The 4.61 acre portion of property to be transferred contains no improvements; and b. A 7.06 acre portion of the Greg White property to the Steven White Property. The 7.06 acre portion of property to be transferred contains no improvements. 7. Following the lot line rearrangement the Sylvester Property will contain 11.75 acres in area; the Greg .White Property will contain 9.60 acres; and the Steven White Property will contain 29.6 acres in area. 8. The lot line rearrangement will not result in the creation of a nonconformity. 9. The portions of the Greg White Property to be transferred to the Sylvester Property and Steven White Property are not intended to be standalone building lots. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. CONCLUSIONS, ORDER AND CONDITIONS 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 grants the lot line rearrangement of the above referenced properties based on the lot line rearrangement survey dated 03/04/15 by Mark Gronberg of Gronberg & Associates, attached as Exhibit D; subject to the following conditions: Page 2 of 3 1. The 4.61 acre portion of the Greg White Property to be transferred shall not be considered a standalone buildable lot, and shall be legally combined with the revised Sylvester Property. 2. The 7.06 acre portion of the Greg White Property to be transferred shall not be considered a standalone buildable lot, and shall be legally combined with the revised Steven White Property. 3. Following the lot line rearrangement the properties shall be legally described as follows: a. Sylvester Property: Attached as Exhibit E; b. Greg White Property: Attached as Exhibit F; c. Steven White Property: Attached as Exhibit G. 4. The Owners shall file the appropriate deeds reflecting the new legal descriptions (subject to City Attorney approval) with the Hennepin County Recorder's Office and/or Registrar of Titles Office on or before April 27, 2016, or the approval granted by this resolution shall expire. Adopted by the City Council of Orono, Minnesota this 27th day of April, 2015. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 3 of 3 Zoning File #15-3726, Resolution Exhibit A: Existing Legal Description SYLVESTER PROPERTY: That part of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point in the East line of said West½ 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 56 minutes 30 seconds West, 345.23 feet; thence Southerly 220 feet along a line if 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 bearing due South 233.4 feet from a point bearing North 85 degrees 05 minutes West, 270 feet from the point of beginning; thence due North 233.4 feet; thence South 85 degrees 05 minutes East, 270 feet to the point of beginning; for purposes of this description the East line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; Together with a non exclusive easement for driveway purposes over that part of the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Road No. 84, and together with a non-exclusive easement for driveway purposes over that part of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Road No. 84, Hennepin County, Minnesota, and a non-exclusive easement for driveway purposes over the West 25 feet of the North 370 feet of Tract F, Registered Land Survey No. 748, files of Registrar of Titles, County of Hennepin. Zoning File #15-3726, Resolution Exhibit B: Existing Legal Description GREG WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Easterly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending EXCEPT that part of the West half of the Northeast quarter of said Section 6 described as follows: Beginning at the Southeast corner of the West half of the Northeast quarter; thence on an assumed bearing of North along the East line of said West half of the Northeast quarter a distance of 1167.98 feet; thence on a bearing of West a distance of 513.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West a distance of 345.23 feet; thence Southerly to the Southwest corner of the East half of the West half of said Northeast quarter; thence Easterly along the South line of said Northeast quarter to point of beginning. Zoning File #15-3726, Resolution Exhibit C: Existing Legal Description STEVEN WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending. EXCEPT that part thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West a distance of 589 feet to the centerline of the County Road which extends across said Northeast Quarter; thence Northwesterly along the centerline of said County Road to the West line of said Northeast Quarter; thence Northerly along said West line to the point of beginning. ALSO EXCEPT that part of said Northeast Quarter of Section 6 described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence East along the North line of said Northeast Quarter a distance of 514 feet to actual point of beginning; thence deflecting right 117 degrees 30 minutes a distance of 589 feet to the centerline of County Road No. 84; thence deflecting left along said centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds a distance of 662.11 feet to a point on the North line of said Section 6; located 216.55 feet East of the point of beginning; thence West along said North line a distance of 216.55 feet to point of beginning. PROPOSED LOT LINE REARRANGEMENT AND CERTIFICATE OF ·vEY FOR GREG V, _ ... ITE, STEVE WHITE & TODD SYLVESTER IN THE NE 1/4 OF SEC. 6-117-23 HENNEPIN COUNTY, MINNESOTA -100 100 200 300 ~ S C A L E IN F E E T PROPOSED DESCRIPTION Of GREG WHITE PARCEL TO BE DEEDED TO STEVE WHITE That pwt of tt,,e West half of the Northeast Ouort&r of Seet10n 6, Township 117 North, Range 23 West of the 5th Prine!pol Meridian tying northerly of the center- JIM of Boymde Rood end emterly of the lofowlng dHcribed flne: Comrrn,ric,ng ot the' Northwost corner of t~ Northeast Quart,i,r of sold Section 6: thence on on r~~;~:;t❖-:;::~ 1r;i1~~t~~~~giir!1: Nfli~~?e:f~~b!!id linethereendin9. EXISTING LEGAL DESCRIPTIONS : GREG WHITE I, Ji ~~£~\ ~:~ !r1ieH~~rt~e~1:i =~=~s~,0~:?ie6ii~"~~iotti!'cl 0wmhip o!~~r~~~9~,2f weel of :~ ;!\h~[~ipi; ~:rJditfort~~1:1 1~or1:1~1~;:{o~t: i1·~~~-0describ~ i1:: p~T~ib79b:;1n~7~ of the line being described; theriee South 22 de!Jfees JO.minutes West o degrees West o distance of 250.0 feet: thence Soutt1 19 West o distance of 443.0 feet: thence on o beorfng of South to the south fme of 6 described w, follows: Beglrmil'lg ol the Souttu,ost corner of the West holf er Q dl,tonee of 1107.98 if'~4~2SC1e~ th~:ini'ou1te~'\o 0 ~~ 1~:=.:h~!sr !~i~~t!.;~ ;:~~~s 1~ 0 po1n1°~~ t!~~iig. diStOl'l~ STEVE WHITE i~}he:i ~~r~ :,e1~H~~rt~~~ ~~~~~=~~f~rdte;,~{;o~e6~1°fh!·cI0C:'~ o!~m~r~:~/io!te:oiJ f~: ;~~:~:~~lpii ~~d:r1::1 1~or~:i1:r1~,t~~e o'f't1~i.od1!~°t:,d :ee:p~~~ln~~"be~~~~; of the Hne being described: thence South 22 dejYees 30 m~tes West o d!stol'!Ce of 1280.0 feet; thence South 41 degrees West o distance of 250.0 feet: thence South 19 degrees West o distance of 443.0 feel; thence on o ~in,g of South to the south hne of said Northeast Quoder ond soid line there ending. EXCEPT that port thereof described as follows: Beginning ot the Northwest comer of said Northeast Quarter; thence on an ossumed bearing of Eost olong the North (ine of sa!d Northeast Quarter o dietOl'lee :~j;~:t~·R~~~e:o st~hw;!t 1:.1:'S:l s~?d i:::ti~'asre~~t:rt:!~eor~~~:,;i~~g ~~1r~~~t'1fneoftotl'thec~~~r :rb~gi~~g.e.1<tends ocross said Northeost Quorter; thence Northwesterly olong the centerfine of ~lJi~t.;,~~r 6~~! fe0:t1 t~f :ile/0,!o\~t~} ~~i~~g~f th~~~o~~~t!~~~it o; ljoll~te:=groi~!n~.,;hea ~;;r~;:t of58°g t':et~i ~~~=~~ii:~;rh!u~eR~:tN:064:'~~e~~~:'ctiJg s~!~ t;~e~d Quarter ~=~i:il~g~ ~h:~~~o\V!sff~~~ ;~\io~~cu~e~~~~:\'12 fs!iefee1igt:~~~i9 0~ f~r:ni~g,of 662.11 feet loo point on the North line of soid Section 6; locoted 216.55 feet Eost of the poinf of •: denotes !ron mcrker foU11d -917· ~~in~~nc;i:w;>c~~~"&~~t:o~in!; i;,e;~d d~u~~ty mop, This suryey intend:! lo show lhe l:>oundories of the obove de:!eribed property, the !ocotion of severol e.1<isting bulklings ond drivewoys, tennis c(>l)rl;, ond existing toP<)g..ophy per city ond county mops, and the proposed locoUO!'l of o proposed dividing line thereon. It does not purport to show any other ~ovements or encrooehmenls, other than existing wetkrlds os delineated by others. #3726 r~~CEIVED MAR 1 7 2015 CITY OF ORONC REVISIONS ""'"" PROJECT GRONBERG & ASSOCIATES, INC CIVIL ENGINNERS, LAND SURVEYORS, LAND PLANNERf ,-..,.-,_"-',.__ 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356 952-473-4141 Zoning File #15-3726, Resolution Exhibit E: Proposed Legal Description SYLVESTER PROPERTY: That part of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point in the East 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 56 minutes 30 seconds West, 345.23 feet; thence Southerly 220 feet along a line if 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 bearing due South 233.4 feet from a point bearing North 85 degrees 05 minutes West, 270 feet from the point of beginning; thence due North 33.4 feet; thence South 85 degrees 05 minutes East, 270 feet to the point of beginning; for purposes of this description the East line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; Together with a non exclusive easement for driveway purposes over that part of the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Road No. 84, and together with a non-exclusive easement for driveway purposes over that part of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Road No. 84, Hennepin County, Minnesota, and a non-exclusive easement for driveway purposes over the West 25 feet of the North 370 feet of Tract F, Registered Land Survey No. 748, files of Registrar of Titles, County of Hennepin. ALSO That part of said West half of the Northeast Quarter lying southerly of the centerline of Bayside Road, northerly of "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said West Half of the Northeast Quarter; thence north along the East line of said West half a distance of 1167.98 feet to the point of beginning of said "Line A"; thence west perpendicular to said East line a distance of 427 .00 feet to "Point A" and said "Line A" there ending, and lying easterly of a line described as beginning at said "Point A"; thence northeasterly deflecting right 108 degrees 46 minutes 10 seconds when measured from west to north from the prolongation of said "Line A" a distance of 693.17 feet, more or less, to the centerline of Bayside Road, and said line there ending. Zoning File #15-3726, Resolution Exhibit F: Proposed Legal Description GREG WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies southerly of the centerline of Bayside Road, and Easterly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending EXCEPT that part of the West half of the Northeast quarter of said Section 6 described as follows: Beginning at the Southeast corner of the West half of the Northeast quarter; thence on an assumed bearing of North along the East line of said West half of the Northeast quarter a distance of 1167.98 feet, to the point of beginning of "Line A"; thence on a bearing of West a distance of 427.00 feet to "Point A" and said "Line A" there ending; thence continuing on a bearing of West 86.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West a distance of 345.23 feet; thence Southerly to the Southwest corner of the East half of the West half of said Northeast quarter; thence Easterly along the South line of said Northeast quarter to point of beginning. ALSO EXCEPT That part of said West half of the Northeast Quarter lying Southerly of the centerline of Bayside Road, northerly of said "Line A", and easterly of a line described as beginning at said "Point A"; thence northeasterly deflecting right 108 degrees 46 minutes 10 seconds when measured from West to North from the prolongation of said "Line A" a distance of 693.17 feet, more or less, to the centerline of Bayside Road, and said line there ending. Zoning File #15-3726, Resolution Exhibit G: Proposed Legal Description STEVEN WHITE PROPERTY: That part of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south line of said Northeast Quarter and said line there ending. EXCEPT that part thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West a distance of 589 feet to the centerline of the County Road which extends across said Northeast Quarter; thence Northwesterly along the centerline of said County Road to the West line of said Northeast Quarter; thence Northerly along said West line to the point of beginning. ALSO EXCEPT that part of said Northeast Quarter of Section 6 described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence East along the North line of said Northeast Quarter a distance of 514 feet to actual point of beginning; thence deflecting right 117 degrees 30 minutes a distance of 589 feet to the centerline of County Road No. 84; thence deflecting left along said centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds a distance of 662.11 feet to a point on the North line of said Section 6; located 216.55 feet East of the point of beginning; thence West along said North line a distance of 216.55 feet to point of beginning. ALSO That part of said West half of the Northeast Quarter lying northerly of the centerline of Bayside Road and easterly of the following described line: Commencing at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 1104.00 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.00 feet and said line there ending. PROPOSED LOT LINE REARRANGEMENT AND CERTIFICATE OF SURVEY FOR GREG WHITE, STEVE WHITE & TODD SYLVESTER IN THE NE 1/4 OF SEC. 6-117-23 HENNEPIN COUNTY, MINNESOTA 17-2J F ,,;;; --,,._.---- '~ I~ ~:>:·::t ~:·; :::::•; \ ... .r-• / I ·,, I -100 0 100 200 300 t / \/// ';.,/ / /j / / _-\ \ \ I /,1///"'\\ z \ /,/ />/ . 1 1 '---' / /1 / /r ✓' \ \ \ \ I 1104,00 :' ,..,~ , -b ( __,-.___ --::.........~T I l~li::-~ / FI \ '\ --- \ ·,,. S C A L E IN F E E T f I / / ,,-/ / ~' ·· .. '-"""' 0,26.AC ~-, _,;:.,,,. \ '#_43./Q\ \ /1 I I~~{ . l'f 1 _ ~;:~~;f STEVE WHITE/~"""//<!-~<\ . ~--~ I± j" & PROPOSED DESCRIPTION OF GREG WHITE PARCEL TO BE DEEDED TO STEVE WHITE : That port of the West half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying northerly of the center- line of Bayside Road ond easterly of the following described line: Commencing at the Northwest corner of the Northeast Quarter of soid Section 6; thence on on assumed bearing of East along the North line of said Northeast Quarter a distance of 1104.00 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West o distance of 1280.00 feet ond said line there ending. PROPOSED DESCRIPTION OF PARCEL TO BE DEEDED TO TODD SYLVESTER : Tho\ port of the West holf of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying southerly of the center- line of Bayside Road, northerly of "Line A", said "Line A" being described as follows: Commencing ot the Southeast corner of soid West Half of the Northeast Quarter; thence north along the East line of said West half a distance of 1167.98 ~~iJ ~~stiinf 0~n~1~ia~it"~Jn~2j~o6°ite~~Li~ .f~~i:reA~e o~J5 !aldere~1n~cAl~r t~~re ending, and lying easterly of o line described as beginning at said "Point A"; thence northeasterly deflecting right 108 degrees 46 minutes 10 seconds when measured from west to north from the prolongation of said "Line A" a distance of 693. 17 feet, more or less, to the centerline of Bayside Road, and said line there ending. I \ WEST"" or r•-~ LAKE ± :i \ EOOE OF WETI.Al«>S AS 00.IE:ATEO SY S.£.R ± ~~St LN:; Of ± ± fj MINNETONKA I 1 'gV'\\ I: ~ I LNORTH ARM \~···••CORt<S•Of . ; : SOUTH Lt£ Of' 'r £AST 1/2 OF st CM OF WEST 1/2 Ot ' ! • CENTER Of ~ 1/4 OF • wtST 1/2 OF NE l/4 OF stC 6-117-23-. ',,I,,' c ~1 ~ 296.69 ,A _ ___t_Sf.:;!_-~"----_ ~ ~c.11&4-Pf1-2J ____________________ ~ ----'Y~ss0ss· 32" w EXISTING LEGAL DESCRIPTIONS : GREG WHITE Thot port of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Easterly of the foUowing described line: Beginning ot the Northwest corner of the Northeast Quarter of said Section 6; thence on on assumed bearing of East along the north line of said Northeast Quarter a distance of 1104 O feet to the point of beginning of the line being described; thence South 22 de~rees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; th:mce South 19 degrees West a distance of 443.0 feet; thence on o bearing of South to the south hne of said Northeast Quarter and said line there ending EXCEPT that port of the West half of the Northeast quarter of said Section 6 described os follows~ Beginning at the Southeast corner of the West half of the Northeast quarter; thence on on assumed bearing of North along the East line of said West half of the Northeast quarter a distance of 1167.98 feet; thence on a bearing of West a distance of 513.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West o distance of 345.23 feet; thence Southerly to the Southwest corner of the Eost half of the West holf of soid Northeast quarter; thence Easterly along the Sr,uth line of soid Northeast quarter to point of beginning, STEVE WHITE Thot port of the West Holf of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of soid Section 6; thence an an assumed bearing of Eost along the north line of soid Northeast Quarter o distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 de9rees 30 minutes West o distance of 1280.0 feet; thence South 41 degrees West o distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on a bearing of South to the south ltne of said Northeost Quarter and said line there ending. EXCEPT that part thereof described as follows: Beginning at the Northwest corner of sdid Northeast Quarter; thence on on assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West a distance of 589 feet to the centerline of the County Road which extends across said Northeast Quarter; thence Northwesterly along the centerline of soid County Rood ta the West line of said Northeast Quarter; thence Northerly along sold West line to the paint of beginning. ALSO EXCEPT that port of said Northeast Quarter of Section 6 described as follows: Beginning at the Northwest corner of said Northeast Quarter;. thence East along the North line of said Northeast Quarter a distance of 514 feet to actual point of beginning; thence deflecting right 117 degrees 30 minutes a distance of 589 feet to the centerline of County Rood No. 84; thence deflecting left along soid centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds o distance of 662.11 feet to a point on the North line of said Section 6; located 216.55 feet East of the point of beginning; thence West along said North line a distance of 216.55 feet to point of beginning. TODD SYLVESTER Thot port of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5\h Principal Meridian. described os follows: Beginning ot o point in the East line of said West 1/2 of the Northeast 1/4 distant 906.98 feet North of the Southeast corner of soid 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 56 minutes 30 seconds West, 345.23 feet; thence Southerly 220 feet along o line if extended would intersect the Southwest corner of the Eost 1/2 of the West 1/2 of the Northeast 1/4; thence Northeasterly to o point bearing due South 233.4 feet from o point bearing North 85 degrees 05 minutes West, 270 feet from the point of beginning~ thence due North 233.4 feet: thence South 85 de$}rees 05 minutes East, 270 feet to the point of beginning: for purposes of this description the East line of West 1/2 of Northeast 1/4 is assumed to beor due North and South; Together with o non exclusive easement for driveway purposes over that port of the Eost 25 feet of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Rood No. 84, and together with o non-exclusive easement for driveway purposes over that port of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Rood No. 84, Hennepin County, Minnesota, ond o non-exclusive easement for driveway purposes over the West 25 feet of the North 370 feet of Tract F, Registered Land Survey No, 748, files of Registrar of Titles, County I of Hennepin, e : denotes iron marker found -917--: denotes existing contour line, per city and county maps Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, the !otation of several existing buildings and driveways, tennis court, and existing topography per city and county mops, and the proposed location of o proposed dividing line thereon. tt does not purport to show any other improvements or encroachments, other than existing wetlands as delineated by others. #3726 MAR 1 7 2015 cinr OF ORONC I I ~ m o >< 0 2: C: C" :, ;:.: ~- OJ - I REVISIONS 11 hereby certify thot this pion, speci(icotion, or \epart _ DATE I REMARKS _ was prepared by me, or under my direct superv1s1on, PROJECT GRONBERG & ASSOCIATES, 11-n.,, $!VIL ENGINNERS, LAND SURVEYORS, LAND PLANNERS . and that I am a duly Licensed Land Surveyor under the 1-----+---------------------------aiaws of the State 9f Min=to. -'--""'-" 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356 umber 12755 952-473-4141 PROPOSED LOT LINE REARRANGEMENT AND CERTIFICATE OF SURVEY FOR GREG WHITE, STEVE WHITE & TODD SYLVESTER IN THE NE 1/4 OF SEC. 6-117-23 HENNEPIN COUNTY, MINNESOTA -100 0 100 200 .300 S C A L E IN F E E T 17-lJ F ~--,,..---- I~ \ii I z~/ ~ ~ r lli ,II I \ ~ ::,: •::;: ~;.; :::: :·~ //;_//_'/ ¼/ e:· ~: ~ ... · .,,. ·, , \ r~1 .~ 1104,00 ,: .,.,~ PROPOSED DESCRIPTION OF GREG WHITE PARCEL TO BE DEEDED TO STEVE WHITE : That port of the West half of the Northeast Quarter of Section 6, Town ship 117 North, Range 23 West of the 5th Principal Meridian lying northerly of the center- line of Bayside Rood and easterly of the following described line; Co mmencing ot the Northwest corner of the Northeast Quarter of said Se ct ion 6; thence on an assumed bearing of East along the North line of said Northeast Quarter a f~!~~"~\gith11°24·~~g:::! 1i ~fntt~~tw~~t~gl~r~tgni: ~~e 1i~o.gC}"feedt~c;~b;!id line there ending. PROPOSED DESCRIPTION OF PARCEL TO BE DEEDED TO TODD SYLVESTER : That port of the We st half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying southerly of the center- line of Bayside Rood, northerly of "Line A 11 , said "Line A" being described as follows: Commencing at the Southeast corner of said West Half of the Northeast Quarter; thence north along the East line of said West half o distance of 1167,9 8 ~~?J ~~s~httnf 0~"~1~ia~~t~l"l27~ogoife~~Lir: .f~~intte;ee o~d 5 !o~erP.Lfn~Cll~r t~~re ending, and lying easterly of a line described as beginning at said "Point A"; thence northeasterly deflec ting right 108 degrees 46 m inutes 10 seconds when measured from west to north from the prolongation of said "Line A" o distance of 693. 17 feet. more or less, to the centerline of Ba yside Rood, and said line there ending. I I wcsr LN: or r· .. - LAKE ~, MINNETONKA 219~5 \__ --------- ._______ --- --\ .i .i \ EDOE or wtn»OS A~ DEU£AT£D SY SLR. .i .i EAST LNE OF wtST 1/2 0, .t I I , ... , ... : l ~, i • 11 ?ii ·, ' .. ,. : '.• . ;. ,·, •·, T ·v-\\ I: ~ L NORTH ARM \· ·•-• . , i SOOTH U€ o, ·r AST 1/2 0t st~ or WEST t /2 OF ' : • CENTER OF I.! 114 or •, • isl,.".} OF" 1£ 1/4 t:1 sec. s-111-23... ',, \. .' c. ~-"~ 296.69 ,A _ ___LS[~-1~23----_ ~ ~ ____________________ ~ ~~89'55' 32" W EXISTING LEGAL DESCRIPTIONS : GREG WHITE That port of the West Half of the Northeast Quarter of, Section 6, Township 117 North, R_onge 23 West of the 5th Pr/ncipol Meridian which lies Easterly, of the foUowing described line: Beg inning at the Northwest corner of the Northeast Quarter of so1d Section 6: thence on on assumed beonng of East along the north line of so1d Northeast Quarter o distance of 1104.0 feet to the point of beginning of the line beir.g des.cribed: thence South 22 de9rees JO_minute~ West a diatonce o f. 1~80.0 fei;t; th_o::nce South 41 dagrees West o distance of 250.0 feet; the 11ce South ~9 deg~ees West a distance of 443.0 feet ; thence on o beonng of South to the south hne of s01d Northeast Quarter ond so1d line there ending EXCEPT that port of the West half of the Northeast quarter of sord Section 6 described as follows: ~:;tnl~:~! ~~e o 5 ~~~~i;stor 0 ~nee;t ~ ~~~o~::tor 0 g,3_'3Jh1e~trt~:~~~ i0 0°~A~r~Jhd~~~e~~ f9 ~~~;~d :siea;!~in~~ ~;!~ ~10 ~it~~~e E~~t2i'b~ogf ,:~it~ ::~~eh~~u~~ tr~ ~:;~:~s~6qu~~~~fe: tbst:~~n~: ~~~r~8 distance of 345.23 feet ; thence ~outherly to the Southwest corner of the East half of the West half of said Northeast quarter: thence Easterly along the South line of sold Northeast quarter to point of beginning. STEVE WHITE Thot port of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the fonowing described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on on assumed bearing of East along the north line of said Northeast Quarter o distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West o distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West o distance of 443.0 feet: thence on a bearing of South to the south lfne of said Northeast Quarter and soid line there ending. EXC EPT that port thereof described as follows: Beginning at the Northwest corner of sdid Northeast Quarter; thence on on assurned bearing of East along the North line of sold Northeast Quarter o distance of 514 feet: thence South 27 degrees 3D minutes West o distance of 589 feet to the centerline of the County Rood which extends across soid Northeast Quarter; thence Northwesterly along t he centerline of said County Rood to the West line of soid Northeast Quarter; thence Northerly along soid West line to the point of beginning . _ ALSO EXCEPT that port of sold Northeast Quarter of Section 6 described as follows: Beginning at the Northwest corner of sa id Northeast Quarter;, thence East along the North line of said Northeast Quarter a distance o f 514 feet to octuol point of beginning ; thence deflecting right 117 degrees 30 minutes a distance of 589 fee t to the centerline of County Rood No. 84; thence deflecting left olong soid centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds a distance of 662. 11 feet to a point on the North line of soid Section 6 : located 216.55 feet East of the point of beginning; thence West olong said North line a distance of 216,55 feet to point of beginning. TODD SYLVESTER That port of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at o point in the Eas t line of said West 1/2 of the Northeast 1/4 dis tant 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 Wes\ 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; then ce South 11 degrees 56 minutes 30 seconds West , 345.23 feet; thence Southerly 220 feet along a line if extended would intersect the Southwest corner of the East 1/2 of the West 1/2 of the Northeast 1/4; thence No r theasterly to a po int bearing due South 233.4 feet from a point bearing North 85 degrees 05 rninutes West, 270 feet from the point of beginning: thence due North 233.4 feet; thence South 85 de~rees 05 minutes East, 270 feet to the point of beginning; for purposes of this description the Eost line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; Together with a non exc lust ve easement for driveway purposes over thot port of the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6 , Township 117, Range 23, lying North of the South 1167.98 feet thereof, South of County Rood No . 84, ond together with o non-exclusive easement for driveway purposes over thot port of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Rood No . 84, Hennepin County, Minne solo, and a non-exclusive easement for driveway purposes over the West 25 feet of the North 370 feet of Tract F, Registered Land Survey No . 748. files of Registrar of Titles, County! of Hennepin. • : denotes iron marker found -917· s";~rin~~nos~w~x~~~ncg 0 ~~~t~~0 ~i n~~ ~~su~~d ad:tu:.unty mops This survey intends to show the boundaries of the above described property, the location o f severol existing buildings and driveways, tennis court, and existing topography per city and county mops, and the proposed location of a proposed dividing line thereon. ll does not purport to show ony other improvements or encroachments, other than existing wetlands as delineated by others. # 3726 r -· ,-.:~'C'!.>''.~!'"d~lrll [; '-"-='""'''--"'u VI ti;;;;;IY m >< (") MAR 1 7 2015 2: g er :l -· 0 ... -· crrv OF ORONC (") - ~ REVIS.IONS DATE -~!i_RK~ PROJECT GRONBERG & ASSOCIATES , $!VIL ENGINNERS , LAND SURVEYORS, LAND PLA . 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356 952-473-4141 PROPOSED LOT LINE REARRANGEMENT AND CERTIFICATE OF SURVEY FOR GREG WHITE, STEVE WHITE & TODD SYLVESTER IN THE NE 1/4 OF SEC. 6-117-23 HENNEPIN COUNTY, MINNESOTA 'v- I -100 0 100 200 300 ~ S C A L E IN F E E T ~ F r PROPOSED DESCRIPTION OF GREG WHITE PARCEL TO BE DEEDED TO ST EVE WHITE . That port of the West half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying northerly of the center- line of Bayside Rood and easterly of the following described line: Commencing ot the Northwest corner of the Northeast Quarter of said Section 6; thence on on assumed bearing of East along the North line of said Northeast Quarter a t~~~~nec\g~th11~4·~~g:::! 10 ~intt~~tw~'st~gi~r~tgni~ ~?e 1 ~~Q_gginfeedtsac:~b~~id line there ending . PROPOSED DESCRIPTION OF PARCEL TO BE DEEDED TO TODD SYLVESTER : That port of the West half of the Northeast Quarter of Section 6 , Township 11 7 North, Range 23 West of the 5th Principal Meridian lying southerly of the center- line of Bayside Rood, northerly of "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said West Half of the Northeast Quarter; thence north along the East line of said West half o distance of 1167.98 ~~iJ ~~s:h~n~o~ntdi~ia~~tniti2~~0~0 ife~~Lit!:; .~~~in\heA~e a~ds!a~erP.~rn~cxl~r t~~re f~~~~ ~~~t~~~ns1e~~s~;~ec~!n~ ~ii~~t d~~~i~~~r~!s b:tn~~n9ut~; ~°Jd s:~~~~ ~~en measured from west to north from the prolongation of said "Line A II o distance of 693. 17 feet more or tess , to the centerline of Ba ys ide Rood, and said line there ending. 17-13 F. c.;;,; ---;;.,,---- I~ I~ _/ I ~ .. ~: ·::r: ~; ·: ::::;•: I -¼: 8, ... J :' ~.: '>,' 1104.00 ,,,,'\ \ /' • I .i ' .i .i .i EAST Lt£ OF WJ:SJ' l/2_0f I WEST I.NE Of r··~-~1 ~ '\' '*i ~ \ \ \~~~,~~\~~\,\\~~0~:::,\ X:1: \ ~ '\ ~... ~ \ \ \ \\\\ \s:;~~ ~.,,'0-~~~ ::,~~-~ \\ \ \ \ .: \ I i I l ~' '-... ''\ '-.'-~~,:':-\'-''~1~\\'~\~ \\\\ '~t\\ \ ~~~s/"'-i. ',\. , •. ,,\';:,•,,\\\ ,\Jo, ,,\\ SY S.£.R. LAKE !j MINNETONKA ...__, .i I I I i v,v · ., \\ I I~ LNORTH ARM \-···-· . / CENTER Of SOUTH UE OF , r ~ ~~\ ~ SE COR Of WEST t /2 Of" ; ,' c 0_117_23 ~ 11• or , . 1£ 114 Of t£ 114 or sec 6-117-23-.. ,, , _ _ 2Q6 .69 ,A _ __L SE~-11 1-23 _ ~· stc 6-111-23 _ _ ____ _ _ ____ _ _ ____ _ _ • -~ ---JV~ss•ss· 32" w ~ EXISTING LE GAL DESCRIPTIONS : GREG WHITE . That port of the West Half of the Northeost Quarter of Section 6 , Township 117 North, Range 23 West of the 5th Principal Meridion which lies Easterly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter o distance of 1104.0 feet to the polnt of beginning of the tine bein g described; thence South 22 degrees JO minutes West a distance of 1280.0 fe et; t hence So uth 41 degrees West a distance of 250.0 feel: the nce South 19 deg ,·ees West a distance of 443.0 feet ; thence on a bearing of South to t he south lrne of said Northeast Quarter and said line there ending EXCEPT that port of the West half of the Northeast quarter of said Section 6 described as follows: Beginning at th e Southeast co rner of the West half of the Northeast quarter; thence on on assumed bearing of North along the East line of said West hal f of the Northeast quarter a distance of 1167.98 ~fe~4~~;3cf e~r: fh~:i;is1oit~e~~s\o a t~~ts~~rh~~sr 1 ;o~;e/e~r t~~ento 8 st 8 h~~h o~ 9 t~:9W"e~t ~~If m~fu~~i d 3 ~orlh~~~ts q:~~!r : 0 t~~~~;cEa~lert: 0 ~?a~gf eti~ khoeu"t7t li~~u~~ ~~id dNrr~h:a;~ q~~rt~~s t~ 0 pg~~0 ~1s b:;~~inag. diS t Once STEVE WHITE That port of the West Holl of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridion which lies Westerly of the fonowing described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on an as su med bearing of East along the north line of said Northeast Ouorter o distance of 1104.0 feet to the point of beginning of the line being described: thence South 22 dewees 30 minutes West a dlstonce of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a dlstonce of 443.0 feet; thence on o bearing of South to the south line of said Northeast Quarter and said line there ending. EXC EPT that port thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on on assumed bearing of East along the North line of sold Northeast Quarter o distance of 514 feet; thence South 27 degrees 30 minutes West o distance of 589 feet to the centerline of the County Rood which extends across said Northeast Quarter; thence Northwesterly along the centerline of said County Rood to the West line of said Northeast Quarter; thence Northerly along said West line to the point of beginning. ALSO EXCEPT that r,ort of said Northeast Quarter of Section 6 described as follows : Beginning at the Northwest corner of said Northeast Quorter;, thence East along the North line of said Northeast Quarter ~e~t~~i~~e a 0 ~i~~~ce e~\ tf8oc:~~L p~~~c~f d~f~~ti~; l~rtnJf i:~~eeee~ng1 gi~~~o~~~ ~eBi::inc~0 oTi6~t;.~ 1° f~~i 0 ti\ 0 :0~~ 9 o~ 8 ~~e t~dr~h TI~~t~pn:aidf s~~~ro~ : 0 fo~o~~d 8 2 4f s:~sn~:efeJ~~tti:1 1~~! ~~j~~ ~td beginning; thence West along said North line o distance of 216.55 feet to point of beginning. TODD SYLVESTER That port of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning ot o point in the East 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; th ence due West 513.35 feet: thence South 39 degrees 17 minutes 30 seconds West 280.05 feet; thence South 11 degrees 56 minutes JO seconds West. 345.23 feet; thence Southerly 220 feet along a line if extended would intersect the Southwest corner of the East 1/2 of the West 1/2 of the Northeast 1/4; t hence Northeasterly to a point bearing due South 233.4 feet from a point bearing North 85 degrees f:e ~ru~:~t wfi~· Jl 0 N~r~ie~~t 1~8 i~o~nstsu0~e~e~~nteg~r t~~~c~o~~; ~~dt~o~f~·\i~:i~e~he;ith ;o~~~ :ec1~:p;:e:a~;m:~rui~; fri!!~;: 0 p:r~ 8 ~s:; ~~:r Pt~~i ~~r~eg~n~i~i: Efi;t p25p~::t i: :~!s ~::trif)k 00 0/htheENirtheost 1/4 of Section 6, Township 117 , Range 23, lying North of the South 1167.98 feet thereof, South of County Rood No . 84, and together with a non -exclusive easement for driveway purposes over that port of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, IY.ing south of County Rood No. 84, Hennepin County, Minnesota, and o non-exc lu sive easement for driveway purposes over the West 25 feet o f the North 370 feet of Tract f, Registered Land Survey No. 748, fttes of Registrar of Titles , County j of Hennepin, • : denotes iron marker found -917· -: denotes existing contour line, per city and county maps Bearings shown ore based upon on assumed datum. Th is survey intends to show the boundaries of the abo ve described property, the location of several existing buildings and driveways, tennis court, and existing topography per city and county mops, and the proposed location of a proposed dividing line thereon, It does not purport to show any other improvements or encroachments, other than existing wetlands as delineated by others. REVISIONS _Q_ATE -~ARKS # 3726 PROJECT r·-, ,· .. ·,1•,r.•="1,11 E rM1 U\_~~i~,'.~ VJ ~I.Y' m MAR 1 7 2015 ~ g> -· C: 2': ::, CffY OF ORON( 0 £: - Date Application Received: 03/17 /15 Date Application Considered as Complete: 03/17/15 120-Day Review Period Expires: 05/16/15 To: From: Date: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planner M (/ 14 April 2015 Council Exhibit D Subject: #15-3726, Gregory White o/b/o Gregory & Lynn White; Steven & Patricia White; and Doug & Lisa Sylvester 4245 Bayside Road/ PID 06-117-23-13-0001 {Sylvester) 4355 Bayside Road/ PID 06-117-23-12-0007 (G & L White) 4375 Bayside Road/ PID 06-117-23-12-0008 {S & P White) Public Hearing for Subdivision of a Lot Line Rearrangement Zoning Districts: LR-1A Single Family Lakeshore Residential, 2.0 acres/200' RR-1A Single Family Rural Residential, 5.0 acre/300' RR-18 Single Family Rural Residential, 2.0 acre/200' Property Areas: (Existing) Property Areas: {Proposed) 4245 Bayside Road= 7.14 acres 4355 Bayside Road = 21.27 acres 4375 Bayside Road = 21.54 acres 4245 Bayside Road= 11.75 acres 4355 Bayside Road = 9.60 acres 4375 Bayside Road = 28.60 acres Application Summary: This application contemplates a lot line rearrangement between the three properties identified as 4245, 4355 and 4375 Bayside Road. Staff Recommendation: Planning Staff recommends approval of the lot line rearrangement between the properties as proposed. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Application Existing/Proposed Survey Aerial Photos Zoning Map Property Owners List Plat Map Pertinent Zoning Ordinance Sections Sec. 78-305. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1A district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366 (b) Lots. The following minimum requirements shall be observed: Lot Lot Front Side Area Width Yard Yard (acre) (feet) (feet) (feet) 2 1200 I so 30 Sec. 78-395. -Area, height, lot width and yard requirements. Side Yard Adjacent to Street (feet) so 15-3726 14 April 2015 Page 2 of 3 Rear Yard (feet) so (a) Height. No structure or building in the RR-1A district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366 (b) Lots. The following minimum requirements shall be observed: Lot Lot Front Side Side Yard Rear Area Width Yard Yard Adjacent Yard (acres) (feet) (feet) (feet) to Street (feet) (feet) 5 300 100 150 ! 100 J100 Sec. 78-420. -Area, height, lot width and yard requirements. (a) Height. No structure or building in the RR-1B district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Lot Front Side Side Yard Rear Area Width Yard Yard Adjacent Yard (acres) (feet) (feet) (feet) Ito Street 1 (feet) (feet) I /2 1200 so 30 ISO !SO ' Application Summary This application contemplates a lot line rearrangement between each of the three properties at 4245 Bayside Road; 4355 Bayside Road; and 4375 Bayside Road. The applicant is requesting approval to transfer the eastern 4.61 acres south of Bayside Road of the 4355 Bayside property to be combined with the Sylvester property at 4245 Bayside; additionally the applicant is requesting to transfer the 7.06 acre portion of the 4355 Bayside property on the north side of Bayside Road to be combined with the Steven White property at 4375 Bayside property. The lot line rearrangement will not result in the creation of a new buildable lot or any new nonconformity. As indicated on the Zoning Map enclosed as Exhibit D, the eastern property is located entirely within LR-1A lakeshore residential district and the western two properties are located within three separate zoning districts: LR-1A; RR-1A (Sacre rural residential); and RR-1B (2 acre rural residential). Lot Area Analysis *Not excluding ROW or driveway easements Property Existing Area Proposed Area Zoning District 4245 Bayside Rd 7.14 acres 11.75 acres LR-1A 4355 Bayside Rd 21.27 acres 9.60 acres LR-1A, RR-1A, RR-1B 4375 Bayside Rd 21.54 acres 28.60 acres LR-1A, RR-1A, RR-1B Total ±49.95 acres ±49.95 acres Analysis 15-3726 14 April 2015 Page 3 of 3 The properties exist within three zoning districts with 2 acres as the minimum acreage required. Currently each property conforms to/exceeds minimum lot area and width requirements for all of the applicable zoning districts. Following the lot line rearrangement, the properties will continue to be conforming with regard to width and area. There are no improvements or public easements within the portions of the properties to be transferred. Combination of Parcels New deeds must be created for both properties reflecting the new legal descriptions. Because this is a lot line rearrangement which results in no additional buildable lots, park fees and stormwater trunk fees will not be required. Staff Recommendation The applicant has provided new proposed legal descriptions for each property. Staff recommends approval of the lot line rearrangement as proposed, subject to the following conditions: 1. The east 4.61 acre portion of the 4355 Bayside property to be transferred to the Sylvesters shall be combined with the Sylvester property at 4245 Bayside and not remain as a standalone lot as a result of this approval; likewise the northern 7.06 acre portion of the 4355 Bayside property to be transferred to the 4375 Bayside property shall be combined with the 4375 Bayside property at the time of recording; and 2. The applicant will be required to record new deeds based on the new legal descriptions. The Planning Commission should hold the public hearing regarding the lot line rearrangement and make a recommendation to the City Council. City of Orono Subdivision Application Lot Line Rearrangement ONLY Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box66 C stal Ba , MN 55323-0066 Application # Date Received: Staff: Application Fee: Escrow#&$ Notes: PROPERTYINF(}~A:rlON:.d 4?_ l.1.A D AJ Site Addresses: "fLS :[ r;//fyjv l) € K..;:), ,Lrr/A-'/¾.E /'2,A/Al 1 '7 N, ST'} S"'? PC Exhibit A Property Identification Numbers (PINs): _________________________ _ (Attach legal description to application if not included on the survey) Date Property Acquired (month/year):_______ D Abstract D Torrens (Please check one) Present use of property: D Residential; number of Units __ _ D Other (specify), ____ _ Zoning District: ___________ _ PROPER Name(s):....l.d~-UIJl!c~~~~~::.....!::;;:..,~.z..::-=---=-~~.;....::...:...;:.....:..=.. ___ .....;.-..1.--t..-=~~=------ Phone (home1;:;;-::;-:::,/4_~~~';.,.-::-'...,~µ,.1:.-:-IW"':::!-~F-::::---r::r"7'r.. Address:....!;C.;;i!..=2~L~!Z..Z.2£~;;:__!::,::::!:~U:.:Z.CLc:.t.:.!Gii:-.Q~Z!.~c....L.:!Z.£!!:!l--:i:::...it..:L=!~---Email: _________________ _ EXISTING LAND USE: f~Pe-f01f Jil. 3. Number of Tax Parcels: Development Size: ______ Acres Dry Land ______ Acres Wet Land ______ Acres TOTAL, all parcels TaZ>.D ~. j J..1 SA #I. 5'fLV'€~e._ -)11J£R.Fi=J) ~2-tfS-g Ito/~/<) e-,& . #//tPt...e ?.ut1N,/,,f/V SS-3~'7 PROPOSED LAND USE: □ Lot Line Rearrangement (NO New Building Sites) □ Lot Line Rearrangement (New Building Sites) Number of Building Sites: Existing Units: New Units: Total Units: Proposed Gross Density ______ Units per _____ acres Minimum Lot Size: ______ Square feet dry buildable land Proposed Use (check)□ Residential □ Other (specify) ___________________ _ Minimum Material Required for Complete Preliminary Plat Application 1. Payment of fees 2. Completed application form. 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners List 5. A list of any other persons you wish notified of this application. Subdivision Packet Last Updated: January 2014 Minimum Material Required for a Complete Final Plat Application 1. Payment of fees 2. Signed Certificate of Survey or mylar copies of formal plat. 3. Current title commitment or certificate of title. 4. Easements, covenants, etc. 5. Developers Agreement 6. Letter of Credit Page 13of26 # 3726 MAR 1 7 2015 APPLICATION FEES: (Planning & Zoning Coordinator to [X] those which apply) Anolication Base Fees: Cost Total Sketch Plan Review (Class I, II & Ill) $350* y Subdivision Aoolication (Class I & I or Lot Line Rearranaement) $700* 'I)/),,.,. Preliminarv Plat Review, plus $30/lot (Class Ill & all non-residential) $850* Final Plat Review $700* Renewal of Subdivision Approval (Class I, II & Ill or Lot Line Rearrangement) $350* No Change from Original Approval Application Escrow (Class I, II & Ill and Lot Line Rearrangement) No Public lmorovements $2,500 Aoolication Escrow (Class I. II & Ill and Lot Line Rearranaement) with Public Improvements $10,000 Park Fees (to be determined per Section 82-227) As incurred *plus, Engineering & Legal Review S . II ;pec1a mprovemen tF ees: Cost Total Proposed Private Roads, plus $.50/lineal foot $650* + Proposed Public Roads, olus $.50/lineal foot $950* + Reauest for Citv to Accept Existing Private Road $950* Reauest for City to maintain unimoroved public road $225 Prooosed Sanitarv Sewer Main Extension plus $25/stub $275* + Proposed Watermain Extension, plus $25/stub $275* + Proposed Storm Sewer Svstem (excludina culverts) $250* On-site Svstem, Site Evaluation Review (aoolicable to rural subdivision) $60/per lot x$60 *plus, Engineering & Legal Review Flexible Application Fees/ Miscellaneous Fees Cost Total Variance $700* Vacation of Public Road $100 oer benefitina prooertv ($700 minimum oer aool) Varies Easement Vacation Associated with a Subdivision $200* Easement Creation with Subdivision Aoolication No fee Escrow for Vacations and Easements $700 PRO Aoolication with Subdivision, $35/dwellina unit x$35 Aooeal of Administrative Decision $50 . . *plus, Engmeenng & Legal Review / ':'\ Total Escrow Amount / $2,500,,1 $10,000 / Other 7. .. l!f'Ou TOTAL DUE ~ ~-?,YJ APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project. Property Owner 1 Signature:_-£-,,............,,__"'7r_.,....-___ _ Property Owner 2 Signature:-=-:::a'·;;:·"";.:.····~--~::.::::::S.,,t;~~.,e.:...,,.E:::;:;;;~ ll!.DPEIZ.'TY :te 3 S'i4N"'f7ZJl!.e Subdivision Packet Last Updated: January 2014 Page 14 of26 Date: %'/I~ Date: r~dr i+f1c 3) II /1~ I I # 3726 MAR 1 7 2015 CffY OF ORONO PROPOSED LOT LINE REARRANGEMENT AND CERTIFICATE OF SURVEY FOR 1104.00 -------~--~~ ·~--- GREG WHITE, STEVE WHITE & TODD SYLVESTER 17-Z, F ~---,,-._.----,: ,,,,~ IN THE NE 1/ 4 OF SEC. 6-117-23 HENNEPIN COUNTY, MINNESOTA -100 0 100 200 300 S C A L E IN F E E T v z ~ ~ F r I~ jij ''-, ) ~-- ------- S; ,>---,; --:· ~ _,...---I u, / , "' I _,--1;· PROPOSED DESCRIPTION OF GREG WHITE PARCEL TO BE DEEDED TO STEVE WHITE : That port of the West half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying northerly of the center- line of Bayside Road and easterly of the following described line: Commencing at the Northwest corner of the Northeast Quarter of said Section 6; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 1104.00 feet to \he point of beginning of the line being described; thence South 22 degrees 30 minutes West o distance of 1280.00 feet and said line there ending. PROPOSED DESCRIPTION OF PARCEL TO BE DEEDED TO TODD SYLVESTER That part of the West half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian lying southerly of the center- line of Bayside Rood, northerly of "Line A", said "Line A" being described as follows: Commencing at the Southeast corner of said West Half of the Northeast Quarter; thence north along the East line of said West half a distance of 1167.98 ~~iJ ~~sttnt 0~"~i~ia~~tniri2~~0~0 ;Pe~~Li~ l~~~i~reA~e a~d5 !a~ere~r,,~Cli~r t~~re f~i~t ~~~t~~~~1e~~st~;~ec~!n; :ii;~t d~~ai~:~r~!s b:t"~fn9ut~~ ~~d s:~~~~ ~~en measured from west to north from the prolongation of said "Line A II a distance of 693.17 feet, more or less, to the centerline of Bayside Rood, and said line there ending, I ,, / I I / _/ I WEST LI£ Of r~·- ~:>:·::( ~:·;:::::·~ ~ ~- LAKE ~1 MINNETONKA .1 .1 \ EOOE Of WETLA.~S AS OELM:ATEO 8YS.£.R .1 .i I .1 ~11\~gr; I , ., ... : l ¾1 .1 .i I ?ii I 1 ~v·\\ 1· NORTH ARM ~ .· . i I ... •· : . ~ L \ SWCORt<ROf , ! / CENTER OF SOUTH t.N: OI" ·~ ~ ~~\ i S£ C0R Of' WEST 1/2 0t ; I: :' C e-117-23 ~ l/4 Of , , tE 1/4 Of NE l/4 CF St:C e-111-23-. •', •, _ _ 296.69 ,A _ __Lsr.c e-t1 7-.u _ j.,:_ SEC e-111-23 _ _ ____ _ _ ____ _ _ ____ _ _ • -~ -----v~a91t55• 32" W -----.;:v EXISTING LEGAL DESCRIPTIONS : GREG WHITE Thal port of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Easterly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of said Section 6; thence on on assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 de~rees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on o bearing of South to the south /me of said Northeast Quarter and said line there ending EXCEPT that port of the West half of the Northeast quarter of said Section 6 described as follows: Beginning at the Southeast corner of the West half of the Northeast quarter; thence on on assumed bearing of North along the East line of said West half of the Northeast quarter a distance of 1167,98 feet; thence on o bearing of West o distance of 513.35 feet; thence South 39 degrees 17 minutes 30 seconds West o distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West o distance of 345.23 feet; thence Southerly to the Southwest corner of the East half of the West half of said Northeast quarter: thence Easterly along the South line of said Northeast quarter to point of beginning. STEVE WHITE That par\ of the West Half of the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Westerly of the following described line: Beginning at the Northwest corner of the Northeast Quarter of soid Section 6; thence on an assumed bearing of East along the north line of said Northeast Quarter a distance of 1104.0 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.0 feet; thence South 41 degrees West a distance of 250.0 feet; thence South 19 degrees West a distance of 443.0 feet; thence on o bearing of South to the south line of said Northeast Quarter and said line there ending. EXCEPT that port thereof described as follows: Beginning at the Northwest corner of said Northeast Quarter; thence on an assumed bearing of East along the North line of said Northeast Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West a distance of 589 feet to the centerline of the County Rood which extends across sold Northeast Quarter; thence Northwesterly along the centerline of said County Rood to the West line of said Northeast Quarter; thence Northerly along said West line to the point of beginning. ALSO EXCEPT that port of said Northeast Quarter of Section 6 described as follows: Beginning at the Northwest corner of said Northeast Quarter;-thence East along the North line of said Northeast Quarter a distance of 514 feet to actual point of beginning; thence deflecting right 117 degrees 30 minutes a distance of 589 feet to the centerline of County Road No. 84; thence deflecting left along said centerline a distance of 180 feet; thence deflecting left 81 degrees 19 seconds a distance of 662.11 feet to a point on the North line of said Section 6; located :216.55 feet East of the point of beginning; thence West along sold North line a distance of 216.55 feet to point of beginning. TODD SYLVESTER That port of the West 1/2 of the Northeast 1/4 of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian. described as follows: Beginning a\ a point in the Eost 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 56 minutes 30 seconds West, 345.23 feet; thence Southerly 220 feet along a line if extended would intersect the Southwest corner of the East 1/2 of the West 1/2 af the Northeast 1/4; thence Northeasterly to a point bearing due South 233.4 feet from a point bearing North 85 degrees 05 minutes West, 270 feet from the point of begtnning; thence due North 233.4 feet; thence South 85 de5wees 05 minutes East. 270 feet to the point of beginning; for purposes of this description the East line of West 1/2 of Northeast 1/4 is assumed to bear due North and South; Together with a non exclusive easement for driveway purposes over that part of the East 25 feet of the West 1/2 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying North of the South 1167,98 feet thereof, South of County Rood No. 84, and together with a non-exclusive easement for driveway purposes over that port of the West 25 feet of the Northeast 1/4 of the Northeast 1/4 of Section 6, Township 117, Range 23, lying south of County Road No. 84, Hennepin County, Minnesota, and a non-exclusive easement for driveway purposes over the West 25 feet of the North 370 feet of Tract F, Registered Land Survey No. 748, files of Registrar of Titles, County I of Hennepin. • : denotes iron morker found -9ff -: denotes existing contour line, per city and county maps Bearings shown ore based upon an assumed datum. This survey intends to show the boundaries of the obove described property, the location of several existing buildings and driveways, tennis court, ond existing topography per city and county mops, and the proposed location of a proposed dividing line thereon, It does not purport to show any other improvements or encroachments, other than existing wetlands as delineated by others. #3726 MAR 1 7 2015 CffY OF ORONC .___.., I I iJ () m >< 2: C" ;:;: o:J REVISIONS DATE REMA_RK_~ PROJECT GRONBERG & ASSOCIATES, INC. $!VIL ENGINNERS, LAND SURVEYORS, LAND PLANNERS --~ 445 NORTH WILLOW DRIVE LONG LAKE, MN 55356 952-473-4141 O 408 Feet © Bolton & Menk, Inc -Web GIS 4/16/2015 3:04 PM Q Legend Railroad City Limits :P''f , .. □ Parcels (3-1-2015) ® Discla imer: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. Thi s drawing is a compilation of records, information, and data located in vari ous city, county, and state offices, and othe1 sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not rP;<;nnn,;ihlP for ;mv inarr.ur;u:iPs hPrPin rontainPri "'O (") m >< ::::r CT ~ (") RR-1B 0 408 Feet © Bolton & Menk, Inc -Web GIS 4/16/2015 2:55 PM RR-lA LR.J.JB I J Q:,_ ~~: ~:- ~ '--------" l Q Legend Railroad City Limits :!"'i '-• □ Parcels (3-1-2015) Lakes & Ponds Zoning 8-1 -Retail Sa les 8-2 -Lakeshore _ 8-3 -Shopping Center ■ 8-4 -Office/Professional ■ 8-5 -Limited Neighborhood ■ 8-6 PUD -Highway Commercial r, t -Industrial ■ RS -Seasonal Recreational RR-1A -One Family Rural ResidE RR-18 -One Family Rural ResidE LR-1A -One Family Lakeshore R• ■ LR-18 -One Family Lakeshore R ■ LR-1C -One Family Lakeshore R LR-1C-1 -One Family Lakeshore Acre R-1A -One Family! Residential -· ■ R-18 -One Family Residential -1 ■ RPUD -Residential Planned Unit RR-18 PUD PRD -Planned Residentia l Devel, ■ PUD/RR-18 ® Disclaimer. This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. Th is drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affectinc the area shown, and is to be used for reference purposes on ly. The City of Orono is not rP.<.nnn<;ihlP fnr ::inv in::ir-rur;u:iP.<. hPrPin r:nnti1inPrt . '1J (') m >< :::T ~ ;::;: a PC Exhibit E RUN DATE: 02/27/2015 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 06-117-23 11 0003 VCI CAPITAL INC 4246 BAYSIDE RD VCI CAPITAL LLC PO BOX 375 LONG LAKE MN 55356 38 06-117-23 12 0001 C C MAJOR AND LA MAJOR 4360 BAYSIDE RD CHRIS MAJOR LYDIA MAJOR 4360 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 12 0004 J R MAYHEW & LC MAYHEW 38 ADDRESS UNASSIGNED JEFFREY R & LYNETTE C MAYHEW 45 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 06-I 17-23 12 0005 WF&EKNAPP 38 ADDRESS UNASSIGNED WILLIAM F & EVELYN KN APP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 06-1 I 7-23 12 0006 WILLIAM F KNAPP 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 06-117-23 12 0007 GREGORY C & LYNN H WHITE 4355 BAYSIDE RD GREGORY C & LYNN MWHITE 4355 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 12 0008 STEVEN C/PATRICIA L H WHITE 4375 BAYSIDE RD STEVEN & PATRICIA WHITE 4375 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 13 0001 T G SYL VESTER/L M SYLVESTER 4245 BAYSIDE RD TODD G SYLVESTER LISA M SYLVESTER 4245 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 13 0003 PATRICIA L WHITE TRUST AGRMT 38 ADDRESS UNASSIGNED PATRICIA L WHITE 4375 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0008 ALLAN E REZABEK REV INTVS TR 38 ADDRESS UNASSIGNED ALLAN & SHIRLEY REZABEK 4185 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 140023 MN BURKE/SK SLATTERY-BURKE 4105 BAYSIDE RD MN BURKE/SK SLATTERY-BURKE 4105 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0024 M NICHOLAS BURKE ET AL 4125 BAYSIDE RD M NICHOLAS BURKE 4105 BAYSIDE RD ORONO MN 55359 38 06-117-23140025 CHARLES N & HELEN FHA YSSEN 4135 BAYSIDE RD CHARLES N & HELEN F HA YSSEN 4135 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0026 M NICHOLAS BURKE ET AL 38 ADDRESS UNASSIGNED M NICHOLAS BURKE 4105 BAYSIDE RD ORONO MN 55359 38 06-117-23 21 0002 GEORGETTE GABRIEL JABBOUR 4455 BAYSIDE RD GEORGETTE GABRIEL JABBOUR 21 UNIVERSITY AVE NE MINNEAPOLIS MN 55413 38 06-117-23 21 0006 ROBERT W CARLSON 4465 BAYSIDE RD ROBERT W CARLSON 4465 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 21 0007 PATRICK J & MONICA L STEINER 4461 BAYSIDE RD PATRICK J STEINER MONICA L STEINER 4461 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 21 0008 GABRIEL JABBOUR 38 ADDRESS UNASSIGNED GABRIEL JABBOUR 21 UNIVERSITY AVE NE MINNEAPOLIS MN 55413 38 06-117-23 24 0001 BRADLEY J PASS 215 NORTH ARM LA BRADLEY PASS 2536 l8THAVES MPLS MN 55404 38 06-117-23 24 0008 HARRIET C SMITH TRUSTEE 370 NORTH ARM LA HARRIET C SMITH 370 NORTH ARM LA MOUND MN 55364 38 06-117-23 24 0012 BJ HEDEEN & EL HEDEEN 360 NORTH ARM LA BRIAN J & EMILY L HEDEEN 360 NORTH ARM LA MOUND MN 55364 38 06-117-23 24 0013 JAMES R & ADRIENNE M NEILSON 340 NORTH ARM LA JAMES R NEILSON 340 NORTH ARM LA MOUND MN 55364 38 06-117-23240014 DOUGLAS OLSON & KAREN OLSON 350 NORTH ARM LA DOUGLAS OLSON 537 PARK LA ORONO MN 55356 3806-117-23 31 0005 TM PELLIZZER & B JOHNSON 520 NORTH ARM DR TIMOTHY PELLIZZER BRENDA JOHNSON 520 NORTH ARM DR MOUND MN 55364 38 06-117-23 42 0006 VICTORIA ESTATES HOMEOWNERS 38 ADDRESS UNASSIGNED VICTORIA ESTATES HOMEOWNERS C/O THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 38 06-117-23 42 0007 VICTORIA ESTATES HOMEOWNERS 38 ADDRESS UNASSIGNED VICTORIA ESTATES HOMEOWNERS C/O THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 38 31-118-23 340012 DA MONTECALVO ETAL TRUSTEES 4440 BAYSIDE RD DAVID A MONTECALVO NICOLES MONTECALVO 4440 BAYSIDE RD MAPLE PLAIN MN 55359 38 31-118-23 43 0009 CITY OF ORONO 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 31-118-23 43 0012 J R MAYHEW & LC MAYHEW 45 CRISTOFORI CIR JEFFREY R & LYNETTE C MAYHEW 45 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 31-118-23 43 0013 WF& EKNAPP 85 CRISTOFORI CIR WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 RUN DATE: 02/27/2015 38 31-118-23 43 0015 WF&EKNAPP 38 AD DRESS UNASS IG NED WILLIAM F & EVELYN KNAPP 85 CR ISTOFORI CIR MAPLE PLA IN MN 55359 38 3 1-118-23 43 00 16 WILLIAM F KNAPP 38 ADDRESS UNASS IGNED C ITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 3 1-11 8-23 43 0017 WF&EKNAPP 38 ADDRESS UNASSIGNED WILLIAM F & EVELYN KNAPP 85 CR ISTOFORI C IR MAPLE PLAI N MN 55359 38 3 1-11 8-2344 0004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) S S BERGERSON & A BERGERSON 50 CRISTOFORI C IR SHAWN S BERGERSON 2845 LITTLE ORCHARD WAY WAYZATA MN 5539 1 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATIO N PAGE:2 AS IT APPEARS THIS DA TE ON THE RECORDS OF THE HENNEPIN COUNTY RESIDENT AND REAL ESTATE SERV ICES DEPARTMENT. DATE: 2--'21-15 BY: ~ i~ 3726 MAR 1 7 2015 CITY OF ORONO PC Exhibit F H Hennepin County Locate & Notify Map Provided By: Resident and Real Estate Services Department Date: 2/27/2015 31-118-23-31 /'\-7 1 _--- 31-118-23-34 .... I -1 . 06-117-23-31 06-117-23-34 Buffer Size: 350 feet Map Comments: 4245, 4355 & 4375 BAYSIDE ROAD ORONO 06-117 23-42 06<:117-23-43 31-118-23-41 31-118-23 -4 0 -11 -23-11 -23-11 06-117-23-41 -I - 2-118-23-3 I I I l I . 5-117-23-2 I 5-117-23-2 I I • 05 -.117-23-23 ~ ~ u.. a: • t;; ----:--W -.0_5 - • t;:; - . ~- ---"---_ _ 05-117-23-32 -----:i= 7 . . d ... __ ;AK _STRE r ~-,,,.,,, • __ 1'--~ -11-1 '> V -~-If ·'· \ 1 -J · . I _ 05-117-23-32 -06-117-23-44 · ' /. 05-117-23-33 ; 0 245 490 980 ft I I I I I I I I For more information contact: MN 55359 PIO NO'S. 06-117-23-12-0007 , 06-117-23-12-0008 & 06-117-23-13-0001 EC iVcD MAR 1 7 2015 C ITY OF ORONO Hennepin County GIS Division 300 6th Street South Minneapolis, MN 55487 gis .info@hennepin .us #3726 H ~o:~~s:~!~d2a~dUR~a~t:~::!7o!a~~ttify Map oa1e21271201s 3~-118-23-31 31-118-23-42 _L 31-118-23-41 -- I~ n \ • • 31-118-23-34 31-118-23-43 6-1 7-23-21 06-1 7-23-21 06-1 7-23-24 Buffer Size: 350 feet Map Comments: 4245 , 4355 & 4375 BAYSIDE ROAD ORONO MN 55359 PIO NO'S . 06-117-23-12-0007 , 06-117-23-12-0008 & 06-117-23-13-0001 RE ..:: . ED MAR 1 7 2015 CITY OF ORONO 31-118-23-44 31-11 23-44 06-117 23-11 0 120 240 480 ft I I I I I I I For more information contact : Hennepin County GIS Division 300 6th Street South · Minneapolis, MN 55487 gis .info!hennepin .us ~» 37 26 H Hennepin County Locate & Notify Map Provided By : Resident and Real Estate Services Department 6-11 -23-21 06-11 -23-24 Buffer Size: 350 feet Map Comments: 4245 , 4355 & 4375 BAYSIDE ROAD ORONO MN 55359 PID NO'S . 06-117-23-12-0007 , 06-117 -23-12-0008 & 06-117-23-13-0001 06-117-3-42 MAR 1 7 2015 CITYOF ORO 0 Date : 2/27/2015 I / 06-117-23-41 0 120 240 480 ft I I I I I I I For more information contact : Hennepin County GIS Division 300 6th Street South Minneapolis , MN 55487 gis .info@hennepin.us # 37 26 .. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 20, 2015 6:30 o'clock p.m. L CAL~ing Commission met on the above-mentioned date with Z'ers present: Chair Denise I.: inen, Commissioners Janice Berg, Loren Schoenz~t(Jon Schwingler, and John L Thiesse. Represent1 taff were Senior Planner Michael Gaffr rr(City Planner Melanie Curtis, and Recorder Jackie Young. · Council Member Denny Wa,_...s~s present. Chair Leskinen called the meeting to er at 6: -~Bowed by the Pledge of Allegiance. ~ ~"' CONSENT AGENDA L / *1. APPROVAL OF · 'ANNING COMMISSION ----•~m MARCH 16, 2015 _ Schoenze· oved, Berg seconded, to approve the minutes of the Orono Pia of March 16, 2015, as submitted. VOTE: Ayes 5, Nays 0. NEW BUSINESS 2 . #15-3726 GREGORY WHITE ON BEHALF OF GREGORY AND LYNN WIDTE, STEVEN AND PATRICIA WIDTE AND TODD AND LISA SYLVESTER, 4245, 4355, AND 4375 BAYSIDE ROAD, SUBDIVISION FOR A LOT LINE REARRANGEMENT, 6:35 P.M. -6:40 P.M. Gregory White, Applicant, was present. Curtis stated this application contemplates a lot line rearrangement between each of the three properties located at 4245 Bayside Road, 4355 Bayside Road, and 4375 Bayside Road. The applicant is requesting approval to transfer the eastern 4.61 acres south of Bayside Road of the 4355 Bayside property to be combined with the Sylvester property at 4245 Bayside. In addition, the applicant is requesting to transfer the 7.06 acre portion of the 4355 Bayside property on the north side of Bayside Road to be combined with the Steven White property at 4375 Bayside property . The lot line rearrangement will not result in the creation of a new buildable lot or any new nonconformity. Staff's report reflects the acreages were reported as gross acreages and does not subtract wetlands, rights-of-way, or easements. Curtis indicated the eastern property is located entirely within LR-IA lakeshore residential district and the western two properties are located within three separate zoning districts: LR-IA, RR-IA, and RR-1B. Currently each property conforms to/exceeds minimum lot area and width requirements for all of the applicable zoning districts. Following the lot line rearrangement, the properties will continue to be conforming with regard to width and area. The applicant has provided new proposed legal descriptions for each property. Staff does recommend the approval of lot line rearrangements as proposed subject to the following conditions: I. The east 4.61 acre portion of the 4355 Bayside property to be transferred to the Sylvesters shall be combined with the Sylvester property at 4245 Bayside Road and not remain as a stand-alone Page 1 of 13 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, April 20, 2015 6:30 o'clock p.m. lot as a result of this approval. Likewise, the northern 7.06 acre portion of the 4355 Bayside property to be transferred to the 4375 Bayside property shall be combined with the 4375 Bayside property at the time of recording; and 2. The applicant will be required to record the new deeds based on the new legal descriptions. Curtis stated the Planning Commission should hold a public hearing and discuss the application. The Planning Commission had no questions for Staff. White stated he had nothing to add to Staffs report but would be available for questions. Chair Leskinen opened the public hearing at 6:37 p.m. Shirley Rezabek, 4185 Bayside Road, pointed out her property and driveay on the overhead. Rezabek noted the driveway already has four houses located on it. Rezabek asked if the combined property would now be a buildable lot and whether they would exit onto the road or the driveway. Curtis stated the property that is being transferred to the Sylvester property will be combined with the house lot and would have to be subdivided in order to create the second lot. Rezabek asked if it will be a buildable lot. Curtis indicated it will not be a new buildable lot and will be combined with the existing lot. Rezabek asked how many acres the new lot will be. Curtis indicated the new combined property will consist of 11. 7 5 acres. Curtis stated at some point in the future they could subdivide it. Rezabek asked if they would have any assurance of people not entering on the driveway if it is ever subdivided. Curtis stated she would be notified of a public hearing if it were ever to be subdivided. Chair Leskinen closed the public hearing at 6:39 p.m. Leskinen stated the application seems pretty straight forward. Leskinen stated she understands the conditions that Staff is recommending, which will help ensure that only three lots will be created and not five. Schwingler stated he has no concerns based on what is in front of the Planning Commission. Schwingler moved, Schoenzeit seconded, to recommend approval of Application No. 15-3726 Gregory White on behalf of Gregory and Lynn White, Steven and Patricia White and Todd and Lisa Sylvester, 4245, 4355, and 4375 Bayside Road, granting of a lot line rearrangement. VOTE: Ayes 5, Nays 0. Page 2 of 13 Subject: Property Areas: (Existing) Property Areas: (Proposed) #15-3726, Gregory White o/b/o Gregory & Lynn White; Steven & Patricia White; and Doug & Lisa Sylvester 4245 Bayside Road/ PID 06-117-23-13-0001 (Sylvester) 4355 Bayside Road/ PID 06-117-23-12-0007 (G & L White) 4375 Bayside Road/ PID 06-117-23-12-0008 (S & P White) 4245 Bayside Road= 7.14 acres 4355 Bayside Road = 21.27 acres 4375 Bayside Road = 21.54 acres 4245 Bayside Road= 11.75 acres 4355 Bayside Road = 9.60 acres 4375 Bayside Road = 28.60 acres Application Summary This application contemplates a lot line rearrangement between each of the three properties at 4245 Bayside Road (the right property); 4355 Bayside Road (the center property); and 4375 Bayside Road (the left property). The applicant is requesting approval to transfer the eastern 4.61 acres south of Bayside Road of the center property to be combined with the right property; additionally the applicant is requesting to transfer the 7.06 acre portion of the center property on the north side of Bayside Road to be combined with the left property. The lot line rearrangement will not result in the creation of any new buildable lots or any new nonconformity. For simplicity, the lot acreages discussed within the staff report are the gross acreages -as wetland, easements or rights of way were not subtracted within the staff analysis; the survey reflects the net changes. tM n path As indicated on the Zoning Map on the everheae, the right property is located entirely within LR-lA lakeshore residential district and the center and left properties are located within three separate zoning districts: LR-lA; RR-lA (5 acre rural residential); and RR-18 (2 acre rural residential). Currently each property conforms to or exceeds minimum lot area and width requirements for all of the applicable zoning districts. Following the lot line rearrangement, the properties will continue to be conforming with regard to width and area. Staff Recommendation The applicant has provided new proposed legal descriptions for each property. Staff recommends approval of the lot line rearrangements as proposed, subject to the following conditions: 1. The east 4.61 acre portion of the 4355 Bayside property to be transferred shall be combined with the property at 4245 Bayside and not remain as a standalone lot as a result of this approval; likewise the northern 7.06 acre portion of the 4355 Bayside property to be transferred shall be combined with the 4375 Bayside property at the time of recording; and 2. The applicant will be required to record new deeds based on the new legal descriptions. The Planning Commission should hold the public hearing regarding the lot line rearrangement and make a recommendation to the City Council. Lot Area Analysis *Not excluding ROW or driveway easements Property Existing Area Proposed Area 4245 Bayside Rd 7.14 acres 11.75 acres 4355 Bayside Rd 21.27 acres 9.60 acres 4375 Bayside Rd 21.54 acres 28.60 acres Total ±49.95 acres ±49.95 acres 15-3726 14 April 2015 Page 2 of 2 Zoning District LR-lA LR-lA, RR-lA, RR-18 LR-lA, RR-lA, RR-lB CERTIFICATE OF MAILING STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #15-3726 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 10th day of April, 2015. ~ u O ~ onica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, April 20, 2015, beginning at 6 :30 p .m. on the matter of reviewing the following land use applications requests : 15-3724 15-3725 15-3726 15-3727 15-3728 15-3729 City of Orono proposes an amendment of Municipal Code Chapter 82, Subdivision Regulations, to add provisions for the subdivision of lots containing two-family dwellings to permit private ownership of a single dwelling within such a structure. Douglas & Roban Smith, 4195, 4175 and 4167 Highwood Road, LR-1 B zoning district, request approval of a conditional use permit, hardcover and setback variances to allow hardcover (underground) within 75 feet of the OHWL in order to repair; re-grade; and install subterranean retaining walls in order to stabilize a portion of the lake slope on each of the properties which will exceed 50 cubic yards of disturbance. Gregory & Lynn White; Steven & Patricia White and Todd & Lisa Sylvester, 4355, 4375 and 4245 Bayside Road, LR-1A, RR-1A and RR-1 B zoning districts, request a lot line rearrangement involving all three properties . No new buildable lots will be created. John Brooks, 905 & 960 Ferndale Road West, LR-1A zoning district, requests approval for a subdivision of a lot line rearrangement involving the parcels identified as PINS 02- 117-23-44-0010 and 02-117-23-44-0017. W Landscapes, Inc. on behalf of Kevin & Teresa Torgerson, 1410 Cherry Place, LR-1B zoning district, requests hardcover and lake setback variances to allow reconstruction of an existing retaining wall system within 75' of the OHWL. Spring Hill Golf Course, 725 Sixth Avenue North, RR-1 B zoning district, requests a conditional use permit to allow construction of a seasonal use building on the property. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by April 14, 2015 if possible . Interested persons may review the applications and proposed ordinance language at City offices or by visiting the City's Website at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By : Planning Commis · n To be published in The Laker & The Pioneer Newspapers on April 4, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 02/27/2015 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: 1 38 06-117-23 11 0003 VCI CAPITAL INC 4246 BAYSIDE RD VCI CAPITAL LLC PO BOX 375 LONG LAKE MN 55356 38 06-117-23 12 0001 CC MAJOR AND LA MAJOR 4360 BAYSIDE RD CHRJSMAJOR LYDIA MAJOR 4360 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 12 0004 J R MAYHEW & LC MAYHEW 38 ADDRESS UNASSIGNED JEFFREY R & LYNETTE C MAYHEW 45 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 06-117-23 12 0005 WF&EKNAPP 38 ADDRESS UNASSIGNED WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 06-117-23 12 0006 WILLIAM F KNAPP 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 06-117-23 12 0007 GREGORY C & LYNN H WHITE 4355 BAYSIDE RD GREGORY C & LYNN M WHITE 4355 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 120008 STEVEN C/PATRICJA L H WHITE 4375 BAYSIDE RD STEVEN & PATRICIA WHITE 4375 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 13 0001 T G SYL VESTER/L M SYLVESTER 4245 BAYSIDE RD TODD G SYLVESTER LISA M SYLVESTER 4245 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 13 0003 PATRICIA L WHITE TRUST AGRMT 38 ADDRESS UNASSIGNED PATRICIAL WHITE 4375 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0008 ALLAN E REZABEK REV INTVS TR 38 ADDRESS UNASSIGNED ALLAN & SHIRLEY REZABEK 4185 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 140023 MN BURKE/SK SLATTERY-BURKE 4 l 05 BAYSIDE RD MN BURKE/SK SLATTERY-BURKE 4105 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0024 M NICHOLAS BURKE ET AL 4125 BAYSIDE RD M NICHOLAS BURKE 4105 BAYSIDE RD ORONO MN 55359 38 06-117-23140025 CHARLES N & HELEN F HA YSSEN 4135 BAYSIDE RD CHARLES N & HELEN FHA YSSEN 4135 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23140026 M NICHOLAS BURKE ET AL 38 ADDRESS UNASSIGNED M NICHOLAS BURKE 4105BAYSIDERD ORONO MN 55359 38 06-117-23 21 0002 GEORGETTE GABRIEL JABBOUR 4455 BAYSIDE RD GEORGETTE GABRIEL JABBOUR 21 UNIVERSITY A VE NE MINNEAPOLIS MN 55413 38 06-117-23 21 0006 ROBERT W CARLSON 4465 BAYSIDE RD ROBERT W CARLSON 4465 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 21 0007 PATRICK J & MONICA L STEINER 4461 BAYSIDE RD PA TRICK J STEINER MONICA L STEINER 4461 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 21 0008 GABRIEL JABBOUR 38 ADDRESS UNASSIGNED GABRIEL JABBOUR 21 UNIVERSITY A VE N E MINNEAPOLIS MN 55413 38 06-117-23 24 0001 BRADLEY J PASS 215 NORTH ARM LA BRADLEY PASS 2536 18TH AVES MPLS MN 55404 38 06-117-23 24 0008 HARRIET C SMITH TRUSTEE 370 NORTH ARM LA HARRIET C SMITH 370 NORTH ARM LA MOUND MN 55364 38 06-117-23 24 0012 B J HEDEEN & EL HEDEEN 360 NORTH ARM LA BRIAN J & EMILY L HEDEEN 360 NORTH ARM LA MOUND MN 55364 38 06-117-23 24 0013 JAMES R & ADRIENNE M NEILSON 340 NORTH ARM LA JAMES R NEILSON 340 NORTH ARM LA MOUND MN 55364 38 06-117-23 24 0014 DOUGLAS OLSON & KAREN OLSON 350 NORTH ARM LA DOUGLAS OLSON 537PARKLA ORONO MN 55356 38 06-117-23 31 0005 TM PELLIZZER & B JOHNSON 520 NORTH ARM DR TIMOTHY PELLIZZER BRENDA JOHNSON 520 NORTH ARM DR MOUND MN 55364 38 06-117-23 42 0006 VICTORIA ESTATES HOMEOWNERS 38 ADDRESS UNASSIGNED VICTORIA ESTATES HOMEOWNERS C/0 THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 38 06-117-23 42 0007 VICTORIA EST A TES HOMEOWNERS 38 ADDRESS UNASSIGNED VICTORIA EST A TES HOMEOWNERS C/0 THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 38 31-118-23 34 0012 DA MONTECALVO ETAL TRUSTEES 4440 BAYSIDE RD DA YID A MONTECALVO NICOLES MONTECALVO 4440 BAYSIDE RD MAPLE PLAIN MN 55359 38 31-118-23 43 0009 CITY OF ORONO 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 31-118-23430012 J RMAYHEW &LC MAYHEW 45 CRISTOFORI CIR JEFFREY R & LYNETTE C MAYHEW 45 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 31-118-23430013 WF& EKNAPP 85 CRISTOFORI CIR WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 RUN DATE: 02/27/2015 38 31-118-23430015 WF&EKNAPP 38 ADDRESS UNASSIGNED WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 31-118-23 43 0016 WILLIAM F KNAPP 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 31-118-23430017 WF&EKNAPP 38 ADDRESS UNASSIGNED WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 31-118-23 44 0004 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) S S BERGERSON & A BERGERSON 50 CRISTOFORI CIR SHAWN S BERGERSON 2845 LITTLE ORCHARD WAY WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION PAGE:2 AS IT APPEARS THIS DA TE ON THE RECORDS OF THE HENNEPIN COUNTY RESIDENT AND REAL ESTATE SERVICES DEPARTMENT. DATE: 2~'27-15 BY: ~ # 3726 MAR 1 7 2015 C!TY OF ORONO AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN, CARVER ) Charlen e Vold being dul y swo rn on an oath, st ates or a ffirms that they are the Authorized Agent of the newspaper(s) known as: The Laker, The Pioneer a nd h as full knowledge of the facts stated bel ow : (A) The newspaper has complied with a ll of th e requirements constituting qua lifica- tion as a qua lifi ed newspaper as provided by Minn. Stat. §33 1A.02 , §33 1A.07 , and oth er applicable law s as amended. (B) This Public Notice was printed an d pub- li shed in said newspaper(s) for 1 succes- sive issues; the first insertion being on 04/04/2015 and the l ast insertion being on 04/04/2015 . r By : Uv;,vvu--~-~-Jf'oill Authorized Agent Subscribed and sworn to or affirmed before me on 04/04/20 15 . Notary Public Rate Information: (I) Lowest cl ass ified r ate paid by commercial users for comparabl e space : $15.00 per column inch Ad ID 37 1465 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone(952)249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis- sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, April 20, 2015 , beginning at 6:30 p .m. on the matter of reviewing the following land use applications requests: 15-3724 City of Orono proposes an amendment of Municipal Code Chapter 82 , Subdivision Regula- tions, to add provisions for the subdivision of lots containing two- family dwellings to permit private ownership of a single dwelling with- in such a structure . 15-3725 Douglas & Roban Smith, 4195, 4175 and 4167 High- wood Road, LR-1 B zoning district, request approval of a conditional use permit, hardcover and setback variances to allow hardcover (un- derground) within 75 feet of the OHWL in order to repair; re-grade; and install subterranean retaining walls in order to stabilize a portion of the lake slope on each of the properties wh ich will exceed 50 cu- bic yards of disturbance. 15-3726 Gregory & Lynn White; Steven & Patricia White and Todd & Lisa Sylvester, 4355 , 4375 and 4245 Bayside Road , LR-1A, RR-1A and RR-1 B zoning districts, request a lot line rearrangement involving all three properties. No new buildable lots will be created . 15-3727 John Brooks , 905 & 960 Ferndale Road West, LR-1A zoning district, requests approval for a sub- division of a lot line rearrangement involving the parcels identified as PINS 02-117-23-44-0010 and 02- 117-23-44-0017. 15-3728 W Landscapes, Inc. on behalf of Kevin & Teresa Torgerson , 1410 Cherry Place, LR-1 B zoning district, requests hardcover and lake setback variances to allow re- construction of an existing retaining wall system within 75' of the OHWL. 15-3729 Spring Hill Golf Course, 725 Sixth Avenue North, RR-1 B zoning dist rict, requests a condi- tional use permit to allow construc- tion of a seasonal use building on the property. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings. Written comments are ac- cepted and should be submitted to the City of Orono by April 14, 2015 if possible. Interested persons may review the applications and pro- posed ordinance language at City offices or by visiting the City's Web- site at www.ci.orono.mn.us. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Mike Gaffron , Senior Planner To be published in The Laker & The Pioneer Newspapers on April 4, 2015. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 4/4/15, 3LK, 3TP, April 20 Public Hearing , 371465 City of Orono Subdivision Application Lot Line Rearrangement ONLY Street Address: 2750 Kelley Parkway Orono, MN 55356 Main : 952-249-4600 fax : 952-249-4616 Mailing Address: P.O. Box66 C stat Ba , MN 55323-0066 PROPERTY INFQ~AJION ~ Site Addresses: /{'LS :i" r}/tYp,/ lJ € Application # Date Received : Staff : Application Fee: Escrow# & $ Notes: PC Exhibit A Property Identification Numbers (PINs): _________________________ _ (Attach legal description to application if not included on the suNey) Date Property Acquired (month/year):_______ D Abstract D Torrens (Please check one) Present use of property: D Residential; number of Units __ _ D Other (specify) ____ _ Zoning District: ___________ _ PROPERT OWNER 1 INFO Name(s):~r,c,s;.&iiiclf:j~~~~-;t.~~~~~_..!..,_.L:.......::...:::...!...:...!:....:....:~---__..:..-L..I-:...:::..::=-=~----- Phone (home'J::..--,::r....c..=:_~9;.~~,....~-~'95~---,.....,7;,~~-,e;, Address:•_::;u~:_.2:.__;~-~(..2:.2i~~=---.!:=!~.,,L.C..-~~~:..!.G;:.._.~a~~.L!Z.J~-~:...-~.=i!...-1-__ _ Email: ________________ _ EXISTING LAND USE: f AJl"e1!Jlf .s,. 3 . Number of Tax Parcels : Development Size: ______ Acres Dry Land ______ Acres Wet Land ______ Acres TOTAL, all parcels Tai>.D ~-I J.1sA 11. .5'tl-V€5Tl:~ -J.iJteR.1£1) ~~tf5" glro/S/t)e-eJ . MlrP'--e ?vt-1"',1-1N.rs357 PROPOSED LAND USE: D Lot Line Rearrangement (NO New Building Sites) D Lot Line Rearrangement (New Building Sites) Number of Building Sites: Existing Units: New Units: Total Units: Proposed Gross Density ______ Units per _____ acres Minimum Lot Size: ______ Square feet dry buildable land Proposed Use (check)□ Residential D Other (specify) _____________________ _ Minimum Material Required for Complete Preliminary Plat Application 1. Payment of fees 2. Completed application form. 3. Preliminary plat information on Certificate of Survey . 4. Certified Property Owners List 5. A list of any other persons you wish notified of this application. Subdivision Packet Last Updated: January 2014 Minimum Material Required for a Complete Final Plat Application 1 . Payment of fees 2. Signed Certificate of Survey or mylar copies of formal plat. 3 . Current title commitment or certificate of title . 4 . Easements , covenants, etc. 5 . Developers Agreement 6 . Letter of Credit Page 13of26 # 3726 MAR 172015 CITY OF ORONO APPLICATION FEES: (Planning & Zoning Coordinator to [X] those which apply) Application Base Fees: Cost Total Sketch Plan Review (Class I, II & Ill) $350* X Subdivision Aoolication (Class I & I or Lot Line Rearranoement) $700* 'I ){),;- Preliminary Plat Review, plus $30/lot (Class Ill & all non-residential) $850* Final Plat Review $700* Renewal of Subdivision Approval (Class I, II & Ill or Lot Line Rearrangement) $350* No Change from Original Approval Aoolication Escrow (Class I, II & Ill and Lot Line Rearranaement) No Public lmorovements $2,500 Aoolication Escrow (Class I, II & Ill and Lot Line Rearranoement) with Public Improvements $10,000 Park Fees (to be determined oer Section 82-227) As incurred *plus, Engineering & Legal Review S . II ipec1a mprovemen tF ees: Cost Total Proposed Private Roads, plus $.50/lineal foot $650* + Proposed Public Roads, plus $.50/lineal foot $950* + Reauest for Citv to Accept Existina Private Road $950* Reouest for Citv to maintain unimproved public road $225 Proposed Sanitary Sewer Main Extension, plus $25/stub $275* + Proposed Watermain Extension, plus $25/stub $275* + Proposed Storm Sewer System (excludino culverts) $250* On-site Svstem , Site Evaluation Review (aoolicable to rural subdivision) $60/per lot x$60 *plus, Engineering & Legal Review Fl "bl A r f F ex1 e 10011ca ,on ees / M" II ,see aneous F ees Cost Total Variance $700* Vacation of Public Road $100 per benefitinQ property ($700 minimum per aool) Varies Easement Vacation Associated with a Subdivision $200* Easement Creation with Subdivision Aoolication No fee Escrow for Vacations and Easements $700 PRD Aoolication with Subdivision, $35/dwellino unit x$35 Aooeal of Administrative Decision $50 *plus, Engineering & Legal Review / \"\ Total Escrow Amount / $2,500,,1 $10,000 / Other 250(.) TOTAL DUE L---" .-;1....-::,nrl APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. Property Owner 1 Signature:_-L-..,....,.__~ _ __,,,.__~----- Property Owner 2 Signature: ... -::::··:;;::""':::..-~--~:::a::::s,t;~h.,,£.~~:::;;;::, l~Pell.rr -3 S'i~l!.G Subdivision Packet Last Updated: January 2014 Page 14 of26 Date:_...::;..~~'' ..... /_;_,;-__ _ Date: r/4.dr i>/Fic .3 / ll Uf" r t # 37 26 ·CL;. VcD MAR 1 7 2015 CITY OF ORONO Provided By : Resident and Real Estate Services H Hennepin County Identify & Notify Receipt Print Date Fri Feb 27 11 :33 :59 2015 This is a receipt only with 'paid' stamp or cash register receipt attached Company or Homeowner Name : Mark Gronberg TOT AL COST: $42.50 Contact Person: Subject Property Address: , Comments: Phone : 952-4 73-4141 Buffer Distance: 350 feet 38 06-117-23 11 0003 38 06-117-23 12 0001 38 06 -117-23 12 0007 38 06-117-23 12 0008 38 06-11 7-23 14 0023 38 06-117-23140024 38 06-117-23 21 0006 38 06-117-2321 0007 38 06-117-23 24 0012 38 06-117-23 24 0013 38 06-117-23 42 0007 38 31-118-23 34 0012 38 31-118-23 43 0015 38 31-118-23 43 0016 38 06 -117-23 12 0004 38 06-117-23 12 0005 38 06 -11 7-23 13 0001 38 06 -117-23 13 0003 38 06-117-23 14 0025 38 06 -117-23140026 38 06-117-23 21 0008 38 06 -117-23240001 38 06-117-23 24 0014 38 06-117-23 31 0005 38 31 -118-23 43 0009 38 31-118-23430012 38 31 -118-23430017 38 31-118-23 44 0004 # 3726 Mail Label Count: 34 38 06-117-23 12 0006 38 06 -117-23 14 0008 38 06-117-23 21 0002 38 06-117-23 24 0008 38 06 -117-23 42 0006 38 31-118-23 43 0013 MAR 1 7 2015 CITY OF ORONO Easy Peel® Labels Use Avery® Template 5160® 38 06-117-23 11 0003 VCI CAPITAL LLC PO BOX 375 LONG LAKE MN 55356 38 06-117-23 12 0001 CHRIS MAJOR LYDIA MAJOR 4360 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 I 2 0004 JEFFREY R & LYNETTE C MAYHEW 45 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 06-117-23 12 0005 WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 06-117-23120006 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 06-117-23 12 0007 GREGORY C & LYNN M WHITE 4355 BAYSIDE RD MAPLE PLAIN MN 55359 3806-117-23120008 STEVEN & PATRICIA WHITE 4375 BA YS!DE RD MAPLE PLAIN MN 55359 38 06-1 I 7-23 13 0001 TODD G SYLVESTER LISA M SYLVESTER 4245 BA YS!DE RD MAPLE PLAIN MN 55359 38 06-117-23130003 PATRICIA L WHITE 4375 BA YS!DE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0008 ALLAN & SHIRLEY REZABEK 4185 BA YS!DE RD MAPLE PLAIN MN 55359 Etiquettes faciles a peter Utilisez le gabarit AVERv® 5160® I I I j, Ji. - I Bencl along line to 1 expose Pop-Up Edge™ A Feed Paper - 38 06-117-23 14 0023 MN BURKE/SK SLATTERY-BURKE 4105 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23140024 M NICHOLAS BURKE 4105 BAYSIDE RD ORONO MN 55359 38 06-117-23 14 0025 CHARLES N & HELEN FHA YSSEN 4135 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 14 0026 M NICHOLAS BURKE 4105 BAYSIDE RD ORONO MN 55359 38 06-117-23 21 0002 GEORGETTE GABRIEL JABBOUR 21 UNIVERSITY AVE NE MINNEAPOLIS MN 55413 38 06-1 I 7-23 21 0006 ROBERT W CARLSON 4465 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-23 21 0007 PATRICKJ STEINER MONICA L STEINER 4461 BAYSIDE RD MAPLE PLAIN MN 55359 38 06-117-2321 0008 GABRIEL JABBOUR 21 UNIVERSITY A VEN E MINNEAPOLIS MN 55413 38 06-117-23 24 0001 BRADLEY PASS 2536 18TH AVES MPLS MN 55404 38 06-117-23 24 0008 HARRIET C SMITH 370 NORTH ARM LA MOUND MN 55364 It.. Sens de rh~r.nan'l.e.n+ Repliez a la hachure afin de j reveler le rebord Pop-Up™ ! I AVERY® 5960™ I .! 38 06-117-23 240012 BRIAN J & EMILY L HEDEEN 360 NORTH ARM LA MOUND MN 55364 38 06-117-23 24 0013 JAMES R NEILSON 340 NORTH ARM LA MOUND MN 55364 38 06-117-23 24 0014 DOUGLAS OLSON 537PARKLA ORONO MN 55356 38 06-117-23 31 0005 TIMOTHY PELLIZZER BRENDA JOHNSON 520 NORTH ARM DR MOUND MN 55364 38 06-117-23 42 0006 VICTORIA EST A TES HOMEOWNERS C/0 THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 38 06-117-23 42 0007 VICTORIA EST A TES HOMEOWNERS C/0 THOMAS MAZER 560 NORTH ARM DR MOUND MN 55364 38 31-118-23 34 0012 DA YID A MONTECALVO NICOLE S MONTECALVO 4440 BAYSIDE RD MAPLE PLAIN MN 55359 38 31-118-23 43 0009 CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 31-118-23 43 0012 JEFFREY R & LYNETTE C MAYHEW 45 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 31-118-23 43 0013 WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 www.avery.com 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® 38 31-118-23 43 0015 WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 31-118-23 43 0016 CITY OF ORONO PO BOX66 CRYSTAL BAY MN 55323 38 31-118-23430017 WILLIAM F & EVELYN KNAPP 85 CRISTOFORI CIR MAPLE PLAIN MN 55359 38 31-118-23 44 0004 SHAWN S BERGERSON 2845 LITTLE ORCHARD WAY WAYZATA MN 55391 Etiquettes faciles a peler Utiiisez le gabarit AVERY® 5160® I I I ). A liiiiiiiiiiiiiB I Bend along line to 1 Feed Paper_, expose Pop-Up Edge™ A #3726 Sens de rh;:arno.mAnt Repliez a la hachure afin de I reveler le rebord Pop-Up™ l I AVERY® 5960™ I i.. MAR 1 7 2015 CITY' OF OROf~O www.avery.com 1-800-GO-AVERY DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. 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 other local , state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve , some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. First Middle Last Address ffAPL~ fA.tM /.fA( ;:-s359 City State Zip Phone Subdivision Packet Last Updated : January 2014 Page 15of26 t I t ~ City of Orono Hardcover Calculation Worksheet '-/'3SS /0 -1/--/3 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survev (Square Feet) ·. (Exam pl ,. (2/x30') .. -· .. ·· .. (72Q$i,) (~ar~ge} .· .. . .. ·.· . -· ·.·. · . . . .. · .. , e). . .. . ·. ·•.' · ... ·.: .... :.-·· .. . ... . .·.:: .. . . ' A ffouse /Gc,.v-(l..a,1... 3675 S.F. B Acc.e.s.so-v-'-1 sf.61uch.Jre.. ZB.31 S.F. C i::'.t .\-o-,_ir,\M '__ i,J A.\\ 5 7Co3 S.F. D 'Pr,vew~ I le. I l t S.F. E S+eo.s I 7'8 S.F. F De.c'.\<:.S i3q Y S.F. G Coy\c. re.. t-e.-'-l Z. 3 S.F. H Po--.vus t fl 0-1.1 SW <'>-IL u, °I Co S.F. I J S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. (1) Total ExistinQ Hardcover 2(.g qi S.F. ExcludabieJ-iardcover (See City Code Sec 78-1684}: .· .. Firs+ 100 sa. ++--o-f f},,. ~s /00 S.F. ~-h,_\,-. \ M iAJcA.\\".S 7({)3 S.F. J S.F. S.F. S.F. (2) Total Excludable Hardcover 6Co3 S.F. (3} Net Existing Hardcover [Subtract line (2) from line (1 )1 is,soei S.F. (4) Total Lot Area \, \'-tl. 0\G\ S.F. i:.)(1St\05 Hardcover Percentage [(3)+(4)] 2.2 % (Proposed Hardcover next page) Packet Last Updated: 03101/13 Page 27 of33 LAND USE APPLICATION E$CROW AGRE_EMENT Application # l 0--~ 'J Z--y, ~ 1AJJ L AGREEMENT made this / 1 day of .;_I'.;......;../'~--~• 20.Lz, J;>v c]ln~ between the CITY OF , a Minnesota municipal corporation ("City") and GL~.a<y L', WH 17/!f ;L~N/fl ff. (a corporation -optiona~ ("Owners"). Recitals it:3-~-7Z&tormally requesting the City to review plans -4.:::...:~~~~~:;..=,,..L-~~----<,the "Subject Property'') legally 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit s,&!illD.IIO with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or win incur in meeting with the Ownerst::reviewing the plans, and preparing agenda packet material for City Council review of Land Use Application #b-372.LP . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. :zdmrrtw Its: y? (CLM. Y\ .Q V internal use Only: CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- II I Ill Ill Ill I II IIII I II IIIIII I Ill I IIII I II I 111111111111111111 *2015-00316* DATE ISSUED: 03/18/2015 (952) 249-4600 FAX: (952) 249-4616 ADDRESS PIN LEGALDESC PERMIT TYPE PROPERTY TYPE CONSTRUCTION TYPE : 4355 BAYSIDE RD : 06-117-23-12-0007 : UNPLA TTED 06 117 23 : LOT 000 BLOCK 000 : ESCROW FEE -APPLICANT : RESIDENTIAL : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING APPLICATION #15-3726 APPLICANT WHITE, GREG & LYNN 4355 BAYSIDE RD MAPLE PLAIN, MN 55359- OWNER WHITE, GREG & LYNN 4355 BAYSIDE RD MAPLE PLAIN, MN 55359- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL Payment(s) CHECK 1313 Issued By Signature Date 2,500.00 0.00 2,500.00 2,500.00 I I ~ , . Preliminary Schedule A LP 1. Effective Date: February 15, 2015 Effective Time: 7:00 AM. Underwriter: First American Title Insurance Company 2 . Policy or Policies to be issued : ALT A 2006 Owners Policy Proposed Insured: To Be Determined ALT A Loan Policy Proposed Insured : To Be Determined Our No. 15-02820 Production No . 518164 Amount: $ Amount: $ 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: Fee Simple 4 . Title to the fee simple estate or interest in said Land is at the effective date hereof vested in: Gregory C. White and Lynn H. White, as joint tenants 5. The Land referred to in this Commitment is described as follows: See Exhibit A attached hereto Records of Hennepin County, MN. Abstract Property. Property Address: 4355 Bayside Road Orono, MN 55331 (rev. 3/10) 4f 3726 . EitcD MAR 1 7 2015 CITY OF ORONO Schedule B~Section 1 No. 15-02820 REQUIREMENTS Schedule B of the policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. This preliminary commitment is provided to disclose the limitations to the risk the underwriter would be willing to insure as of the effective date and is for the exclusive use of Burnet Title. Burnet Title reserves the right to make additional requirements and/or exceptions. Anyone relying upon or closing from this commitment for any purpose without written authorization from Burnet Title shall be liable to the underwriter and Burnet Title for any and all loss, damage or unpaid fees for services and products. 2. Contact city water department for status of any outstanding water bills. No coverage is given for utility and water bills. 3. Deed from Gregory C. White and Lynn H. White to To Be Determined .. A well disclosure certificate or certification on the deed stating status of the well is required. Questions regarding well disclosure should be directed to the Department of Health at 651-201-4587. 4. Burnet Title requjres all loan proceeds to be "Collected Funds". Loan proceeds must be received either by wire or by check deposited, finally settled and credited in Burnet Title's escrow bank account, before the funds will be disbursed. 5. Burnet Title requires the Purchase Agreement including the Seller's Property Disclosure Statement to be reviewed by the Burnet Title Closer and Examiner prior to closing. We reserve the right to raise further requirements and/or exceptions based upon Closers review of above document 6. FOR INFORMATIONAL PURPOSES: The following fee transfers appear of record with the County Recorder in the past 24 months: NONE The fee owner, under Schedule A, Item 4 acquired title by Warranty Deed, filed 6/2/2000 and re-recorded 6/29/2000 as Document No. 7305518 and re-recorded as Document No. 7317438 Note to Closer: The above closing on the property appears to have been done by unknown. 7. For the following mortgage, we require a written pay-off statement from the mortgagee to be submitted to the Burnet Title closer 24 hours prior to closing to review for approval. The Burnet Title closer is required to prepare a Certificate of Release for recording and collect the appropriate county recording fee and Payoff Verification and Processing Fee. Dated: October 22, 2012 Filed: November 1, 2012 Document No.: 9867354 Original Amount $581,784.00 Executed By: Gregory C. White and Lynn H. White, husband and wife To Mortgagee: Bank of America NA. Organized and existing under the laws of Delaware 8. This Commitment is provided through our examination of the public records. Burnet Title is not in possession of the Abstract of Title. The Purchase Agreement must be reviewed to determine the intent of the parties regarding title evidence and associated charges. 9. Real estate taxes payable in 2015 In the amount of $15,269.04 are not paid. (Base Tax $15,269.04.) Tax Identification No. 06117 2312 0007. (rev. 3/10) NOTE: Real estate taxes for 2014 and prior years are paid. Tax records indicate the current year's taxes are homestead. No representation is made regarding subsequent years' taxes. Informational Note: Real estate taxes are due May 15 and October 15 annually. 10. There are no levied or pending assessments of record as of 3/4/2015. 11 . We require photo identification from all parties signing any documents in this transaction. Also required are the Company's Compliance and Indemnity Agreement and Affidavits in a form acceptable to the Company indicating no judgments, liens, bankruptcies, etc. If sellers proceeds are requested to be wired contact your Burnet Title closer for additional documentation requirements. A completed Well Disclosure Certificate must accompany each deed or conveyance which is to be recorded; or, the deed must certify that there are no wells on the property; or the status of the well has not changed. For well certificate purposes, the property is located in the NW¼ of the NE¼ of Section 06, Township 117, Range 23. If there are any questions concerning this Commitment, please call our Customer Service Coordinator Michelle Tiede at 952-844-6200. This Commitment was prepared by Laura Provos at 952-703-8618 fax, or e-mail Laura.Provos@burnettitle.com. (rev. 3/10) Schedule B~Section 2 No. 15-02820 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company (all clauses, if any, which indicate any preference, limitation or discrimination based on race, color, religion, national origin or other protected category are omitted from all building and use restrictions, covenants and conditions, if any, shown herein): A GAP COVERAGE: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: This exception will be removed from all Al TA policies issued by Burnet Title, if Burnet Title provides insured closing services and the Company requirements as they pertain to "Gap Coverage" have been complied with. B. STANDARD EXCEPTIONS: The following Standard Exceptions will remain on all policies issued unless eliminated in whole or in part by Section B-1 or by Endorsement after the Company has completed a risk assessment which may include a lien audit, property inspection, plat drawing, or other documentation. There will be an additional service fee for any risk assessment requested. · 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Any Lien, or rights to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. C. SPECIAL EXCEPTIONS: 1. Any other matter Including pending assessments, if any, which would be insured by the owner's title policy but was either assumed or accepted by the Buyer(s) in the deed to the Buyer(s}, the Purchase Agreement; or which the Buyer{s)was aware of and did not disclose to Burnet Title in writing prior to closing. 2. Homeowners Association monthly dues and assessments levied or pending, If any. 3. No coverage is provided for unpaid utility, water or sewer services or fees for tree, weeds, grass, snow, garbage removal, open city work order, vacant or abandoned property fees, Truth in Housing or any other fees. 4. Rights of tenants as tenants only. 5. Rights of the Public to streets, highways and/or alleys. 6. Minerals and mineral rights. 7. All assessments and taxes due and. payable in the year of closing, and thereafter. 8. Proceedings by a public agency which may result in taxes or assessments or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 9. Any judgments, tax liens, bankruptcies or other claims against the Purchaser to be named. The right is reserved to make additional requirements and/or exceptions as a Purchase Agreement is obtained and further searches made. 10. Terms and conditions of Easement for Private Driveway, dated August 29, 1958, filed September 5, 1958, as Document No. 3135397. 11. Terms and conditions of Easement for Private Driveway, dated October 26, 1959, filed November 2, 1959, as Document No. 3204981. 12. Terms and conditions of Driveway Easement Agreement, dated December 26, 1990, filed December 31, 1990, as Document No. 5736294. 13. Terms and conditions of Easement Agreement, dated December 26, 1990, filed December 31, 1990, as Document No. 5736295. (rev. 7/1/14) 14. Terms, conditions and easements of Driveway and Utility easement agreement and declaration, dated December 19, 2013, filed January 21, 2014, as Document No. A10050336. (note: contains maintenance language for driveway). 15. Easement for tennis court and fence purposes as shown in Document No. A10050337. 16. Easements for drainage and utility purposes, if any, as shown on the recorded plat. 17. Rights of the Public to streets, highways and/or alleys. 18. Terms and conditions of Agreement with City of Orono, dated September 26, 1989, filed January 25, 1990, as Document No. 5260610. 19. Terms and conditions and easements in Resolution, filed December 31, 1992, as Document No. 6016096. 20. Terms and conditions and easements in Resolution, dated September 28, 1998 filed November 5, 1998, as Document No. 6998369 21. Terms and conditions and easements in Easement, dated November 2, 1998, tiled November 5, 1998, as Document No. 6998370. 22. Terms and conditions and easements in Easement, dated November 2, 1998, tiled November 5, 1998, as Document No. 6998371. 23. Terms and conditions of Highway Plat, filed November 17, 2008, as Document No. 9206517. 24. Terms conditions and easements in Easement, filed January 21, 2014, as Document No.10050336. (rev. 711/14) ALTA 2006 Plain Language Commitment (6·17-06) AM /IL% ~ COMMITMENT FOR TITLE INSURANCE ISSUED BY File No, 15--02820 FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our Obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule 8-I The Exceptions in Schedule 8-II The conditions on Page 3 of Jacket This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. IN WITNESS WHEREOF, First American Title Insurance Company has caused Its corporate name and seal to be affixed by its duly authorized officers and this Commitment will become valid (rev. 7/1/14) (rev. 7/1/14) when countersigned by a validating officer or authorized signatory as of the Commitment Date shown on Schedule A. ALTA 2006 Commitment Jacket 81000600035 (3/07) First American Title Insurance Company Pr//lL Dennis J. Gilmore President Jeffrey S. Robinson Secretary countersigned: Al TA Plain language Commitment (2006) INFORMATION Commitment Page 8 Commitment Number: 15-02820 The Title Insurance Commitment is a legal contract between you and the company. It is Issued to show the basis on which we will issue a Title Insurance Policy to you. The Polley will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All Arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. The Commitment is based on the land titles as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TinE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. TABLE OF CONTENTS AGREEMENT TO ISSUE POLICY SCHEDULE A 1. Commitment Date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I -Requirements SCHEDULE B-II -Exceptions CONDmONS If you have any questions about the Commitment, please contact the issuing office. First American Tit!e Insurance Company ALTA Plain Language Commitment (2006) 1. DEFINffiONS CONDffiONS Commitment Page 9 Commitment Number: 15-02820 (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your Land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the date on which all of the Requirements (a} and (c) of Schedule B -Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY . Our only obligation Is to Issue to you the Policy referred to in this Commitment, when you have met its Requirements, If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B -Section I or Eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Arr-t claim, whether or not based on negligence, which you may have against us concerning the title to the Land must be based on this Commitment and is subject to its terms. First American Title Insurance Company Residential Sale Closing Invoice Date: March 12, 2015 Buyer(s): Seller(s): Gregory C White and Lynn M White File Number: Sales Price: B~I TITLE "Part of the TRG Family of Companies" 15-02820 $ Estimated Date of Closing: March 11, 2015 $ Applicant: Burnet Title Michelle Droneck PT -Full Search Mortgage Amount: Attention: Reference Number: Property Address: 4355 Bayside Road, Orono, MN 55331 Lot/Block/Subdivision: /, I item I ·•· <•~ Description · TITLE SERVICES (HUD LINE 1101s GFE BLOCK 4) 1 2006 AL TA Loan Policy -First American Title Insurance Company $ 2 ALTA Policv Endorsement(s) -First American Title Insurance Comoanv Arm or Balloon 3 Buver Closina Service Fee APR Portion of Title Services 4 Other: Additional APR Fee 5 Title Search and Exam Service Fee -PT Full Search 6 Other: Flex closing services, deed, mortgage and assignment processing, lender package No additional charge 7 processing and deliveiy, property tax search, assessment search, name searches, plat and lnsoectlon OWNER'S TITLE INSURANCE OPTIONS (HUD LINE 1103 • GFE BLOCK 5) 1 2013 ALT A Homeowners Policy -First American Title Insurance $ Comoanv 2 2006 ALT A Owners Policy -First American Title Insurance Company $ SELLER CLOSING FEE (HUD LINE 1102) 1 Seller Closing Administration Fee to Burnet Title {if this transaction involves a "short pay-off" of existing financing, this fee will be $600.00) 2 Seller Closing Administration Fee to 3 Other: 4 Seller Pay-Off Verification and Processing Fee $55.00 per occurrence 5 Seller Preliminary Services $0.00 $0.00 $0.00 $0.00 $425.00 $0.00 $0.00 nla n/a $0.00 $0.00 $0.00 $0.00 $0.00 Fees do not include costs for updating or creating an Abstract of Title or a Registered Property Abstract (RPA). If an Abstract or a RPA is desired, please contact us for a quote. DISCLOSURES 1. Government Fees and Taxes are not included in this Closing Invoice. 2. This invoice is not a comprehensive list of fees and may be subject to change based on many factors including but not limited to Purchase Agreement terms, fees charged by third party vendors, sale price or loan amount changes, written instructions, closing requirements, transaction complexity and insuring requirements, products and services requested, and new rate filings. Some or all of the fees may have been previously disclosed to the borrower(s) on a Good Faith Estimate (GFE) provided by the lender. 3. The following services are not included in the Closing Service Fees and will be collected at closing when applicable: $25.00 processing fee for each document not identified as required within Schedule B-1 of the title commitment $25.00 processing fee for each borrower/buyer or seller requested transfer of funds, documentation or packages $50.00 pre-sign and or power of attorney fee from any party not executing the closing documents in the presence of a Burnet Title representative (includes courier fee, if any) $150.00 escrow fee for holding funds for any lender conditions to be met after the closing and the monitoring of the same $250.00 escrow fee for holding funds for any buyer/seller conditions to be met after the closing and the monitoring of the same. . $200.00 Proceeding Subsequent Monitoring Service Fee when a Proceeding Subsequent to Initial Registration is required to issue a new Certificate of Title to the holder of the Certificate of Sale 4. Burnet Title charges an additional $175.00 Closing Service Fee on any subordinate loan or financing closed in conjunction with closing another insured loan. this fee may have been previously disclosed to the borrower(s) on a Good Faith Estimate {GFE) provided by the lender. 5. Title Service Fees set by Burnet Title are standard, fixed fees that may include costs for various third party vendors' information and services that Burnet Title purchases and then evaluates and/or supplements. Unless the third party has been hired by another party to the transaction, all of the costs associated with the third party vendors that Burnet Title uses are paid by Burnet Title, regardless whether or not the transaction closes. Burnet Title's fees are set to cover all costs, including third party vendor costs associated with transactions that close and those that fail to close. 6. Burnet Title retains a portion of each policy premium paid and remits the remaining balance to First American Title Insurance Company. 7. The following notification is required by MN STAT.507.45 SUBD 3A: Burnet Title LLC d/b/a Burnet Title and d/b/a Burnet Title of Wisconsin and d/b/a TRG Commercial and d/b/a Title Resource Group Commercial and its employee(s) may be acting as closing agent and/or title insuring agent in your transaction, and under applicable state law, have not and may not express any opinion regarding the legal effects of the closing documents or of the closing itself. Burnet Title LLC is part of the Realogy Group LLC family of companies and is an affiliate of Coldwell Banker Burnet, PHH Home Loans, Title Resources Guaranty Company, NRT LLC, NRT Insurance Agency, Inc., NRT Relocation LLC, Cartus Corporation, Cartus Financial Corporation, Cartus Asset Recovery Corporation, National Coordination Alliance, LLC d/b/a Gateway Settlement Services, St Joe Title Services LLC d/b/a Short Trac and TRG Settlement Services, LLP. 8. As permitted by Minnesota Statutes Section 507.401 Burnet Title will prepare and record a Certificate of Release with the county recorder's office/registrar of titles upon paying off any mortgage lien under 1.5 million dollars. For each Certificate of Release prepared, Burnet Title will charge and collect from the Seller(s) a $46.00 recording fee payable to the county and a payoff verification and processing fee payable to Burnet Title. Upon payoff of mortgage liens exceeding $1.5 million. or where certain types of liens are involved, where as Burnet Title is not able to issue a Certificate of Release as permitted by 507.401, Burnet Title will provide each creditor with directions to prepare a satisfaction or release, and unless Burnet Title has received insurable evidence that the lien holder will cause the lien to be released, Burnet Title will charge and collect from the Seller(s) either a $46.00 recording fee payable to the county and or a $5.00 recording fee payable to district court along with a payoff verification and processing fee payable to Burnet Title. Burnet Title does not guarantee that a creditor will provide an acceptable and recordable satisfaction or release of the mortgage or lien. The creditor's acceptance of the pay off figure as shown on the settlement statement is not guaranteed by Burnet Title. The pay-off may include satisfaction fees, county recording fees, escrow shortage fees, late fees, or other fees which the seller(s) may have previously consented to by agreement. 9. If Burnet Title is disbursing the transaction, we deposit funds received on your behalf in state or federally- chartered banks that are insured by the Federal Deposit Insurance Corporation ("FDIC"). The account is currently held at Wells Fargo Bank, N.A. FDIC deposit insurance coverage applies to a maximum amount of $250,000 per depositor for deposits held in the same legal ownership category at each bank. For example, funds held on your behalf in an account maintained by us will be combined with any individual accounts held directly by you at the same bank. You are responsible for monitoring the total amount of deposits that a re owned directly or indirectly by you in any one bank. If you have questions about FDIC deposit insurance, contact your financial or legal advisors or go to http://www.fdic.gov/deposlt/deposits/index.html. We do not guarantee the solvency of any bank into which funds are deposited and we assume no liability for any loss you incur due to the failure, insolvency or suspension of operations of any bank or the insufficiency of the $250,000 FDIC deposit insurance limit. If you have any concerns or questions regarding our fees or our pricing practices, please contact us. BURNET TITLE APPRECIATES THIS OPPORTUNITY TO PROVIDE TITLE SERVICES! 5151 Edina Industrial Boulevard, Suite 500, Edina, MN 55439 I P 952-844-6200 I F 952-886-6800 www.BurnetTitle.com EXHIBIT"A" legal Degcription File No. 15-02820 That part of the West½ of the NE ¼ of Section 6, Township 117 North, Range 23 West of the 5th Principal Meridian which lies Easterly of the following described line: Beginning at the Northwest corner of the NE¼ of said Section 6; thence on an assumed bearing of East along the North line of said NE ¼ a distance of 1104 feet to the point of beginning of the line being described; thence South 22 degrees 30 minutes West a distance of 1280.00 feet, thence South 41 degrees West a distance of 250.00 feet; thence South 19 degrees West a distance of 443.00 feet; thence on a bearing of South to the South line of said NE ¼ and said line there ending. EXCEPT that part of the West½ of the NE ¼ of said Section 6, described as follows: Beginning at the Southeast corner of said W ½ of the NE ¼ , thence _on an assumed bearing of North along the East line of said W ½ of the NE ¼ a distance of 1167 .98 feet; thence on a bearing of West a distance of 513.35 feet; thence South 39 degrees 17 minutes 30 seconds West a distance of 280.05 feet; thence South 11 degrees 56 minutes 30 seconds West a distance of 345.23 feet, thence Southerly to the Southwest corner of the East½ of the West½ of said NE ¼ ; thence Easterly along the South line of said NE ¼ to the point of beginning. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 4 9 8 NO . _________ _ A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FILE NO. 15-3726 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHE1 --- "Owners of 4 of Orono (he "Sylvester Pr WHE "Owners of 4 of Orono (he "Greg White ~--•----.L -------•-..J --··-·- ' ()Yl~ j\;vl~-tk,, bVDYv~ ~~f 1'fu ~tJD WHE "Owners of 4 of Orono (he "Steven Whi1 6} !of D ~ ~ 5Jzt) (S have collecti would relocate the lot boundary lines between the properties; ana , ..... _._:nafter the in the City inafter the nafter the in the City inafter the nafter the in the City inafter the rs of 4375 Ient which WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq . and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the lot line rearrangement on April 20, 2015 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Orono City Council reviewed the proposed lot line rearrangement at a regular meeting held on April 27, 2015 and makes the following findings with regards to the proposed lot line rearrangement: Page 1 of 3