HomeMy WebLinkAbout#2412 Project Packetf
11-04-1998 3:1 2PM
BELLEVILLE. !Ll.lNO[S
BLOOMINGTON, [LLINOIS
CHAl\,1.PAJGN. lLUNOJS
CHJCAGO, ILLINOIS
JOUH, Ji,UNOIS
U S LE. ILLfNOIS
PC!OR.lA. ILLlNOlS
ROCKFOW. IL LfNO!S
S PRtNGFlEU), JCLINOIS
WAUKEGAN, JLL!NOJS
Date: November 4, 1998
Authorization No . 6267
Transmittal is : □ Urgent
FROM: Nancy L. Chadwick
FROM IND PARA LE GAL S ER V 612 295 0398
i
i
HT1{'J-SHA W & CULBERTSON
i
I
i PJPER JAFFKA. Y TOWER
SUJT.63200
222 SOU'f'A Nir.JT!-.'.£ STRE.'f~•r
MINNEA POLIS, ~-UNNESOTA 55402.
TC.L-.C YA X : 6 l Z 3:H .f.;388
FACSIMILE COVER PAGE
No. of Pages, including cover page: 12
•T LAUllE R.DALE , FLOR1DA
JACKSONVILLE-, PLORJDA
ML,.MI, FLORIDA
TAMPA, FLORlDA
MUNSTER, INDIANA
ST. LOUI S. tvflSSOURl
Al'PLE:TON , W ISCONSIN
J'lROOKfJHU). W.I SC:ONSJN
L A KE GENEVA, W !SCONSf N
J\,OLWA UKEE, WISCONSIN
Client no . MatterNo. 752031
□ Inunedi~ltel y b y
I
!
J
I
i
I
i
IZJASAP
TELEPHONE NO.(612)295-0660
PLEASE DELIVER THE FOLLO\VfN(1 PAGES TO: ...
Name l Facsimile Ntm1ber Telephon e Number
' 1. Karl Yeager, Esq. ' 338-8384 347-9105
2. Michael P. Gaffron. I I 473-0510 · 473-7357
3. Thomas J. Barrett ! 334-8888 334-2676
COTVIMENTS: ' l u (_ -:r: C4P IT ffL s:0 .el:) ·
!
IF YOU DO NOT RECEIVE LEGIBLE COPIES OF ALL PAGES, PLEASE CALL: 612/295 -0660
P. 1
The infonnation cont ained in this facsimile message is co1~idtntial information in t.enckd only for use of the individual or entity named above. J ft he reader of thi s
me ssa ge is n o t the intended rec ipient, or the employee or agent responsible to deliver it to th e intended recipient, you ar¢ hereby notified that any dissemination _,
di s tributi on or c opying of this communicati on is strictly prf,hibited . If yo,1 h,rvc rec~iv ed thi s rommuuication in error, please immediately notify us by telephone, and
return th e original me-ssage to us at the abov e address via t~e U .S . Pos tal Service . Thank you.
1
2G7/22 l 39503 l \/4/98
11-04-1998 3:13PM FROM IND PARALEGAL SERV 612 295 0398
BEL[.EVll.J.J,, JI.LJN{)IS
BLOOMfNGTON, ILLINOfS
CHAMPAIGN, ILUNOIS
CHICAGO, JLLlNO!S
JOLIET, fLUNOlS
LJSLE, [LlINOIS
PEOl(JA, JLLlNOJS
ROCKFORD, lLI..fNOJS
Sl'RlNGF!ELD, JLLJNOJS
WAUKr..GAN. lLLIW)IS
WRJ'J'ER'S DIRECT DIAL NO
(612)295-0660
Karl Y. Yeager, Esq.
Meager & Geer P.L.L.P.
4200 Multifoods Tmver
33 South Sixth Street
Minneapolis, MN 55402
HJSHAW & CULBERTSON
I
f
I VJl'BR .!Af'PR..6. V TOWER
SUlTE 32:00
I
i 222 SOUTH NINTH STREET
MlNNEAPOUS, ~JJNNESUTA 55402
TELEFAX 612.295-0.\98
November 4, 1998
Re: VCI Capital, Il1c.l Subdivision
City of Orono
1
Dear Karl: I
FT. LAUDERDALE. FLORJDA
MCKSONVJLl.E, FU)RJDA
MlAMl, PLORJDA
TAMPA, fLORlDA
MUNSlER, INOL~NA
ST. LOUIS, MISSOURJ
APPLETON, \v1SCONSfN
BROOKFWLD. \v1SCONSIN
LAKE GENEVA. WJSCONSJN
MILWAUKEE, W1SCONSIN
fl LE NO
752031
VIA TELECOPY
Attached please find coJies of the City of Orono Resolution No. 4165 and the easements
sif,'lle<l by VCI Capital with th~ appropriate legal desc1iptions attached thereto. Exhibit A to the
resolution is a full size survey that is specifically described in the Resolution. I will be recoriling
these documents tomon-m,v witli the Hem1epin County Recorder. Please call me this afternoon if
you have any comments regarcli1g these documents.
t
I
I
I
I
I
Enclosure I
cc: Michael P. Gaffron (Via [Ielecopy)
Thomas J. Barrett, Esq. (~ia Telecopy)
f
I
I
I
I
I
I
i
I
I
I
I
I
I
Very truly yoms,
~,;} J ~$ CA:::_ ~~ L Chad\vick
Legal Assistant
A rRTNERSHIP INCLUDING f'RC>FES$JONAL CORPO~.'>cTlONS
P.2
1 l-04-1998 .3: l4Ptvl FROM IND PARALEGAL SERV 612 295 0.398
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 1 6 t'•· No .... ·~· ;~ . '
Ai RESOLUTION APPROVING
A IvIETES ~ND BOUNDS CLASS I SlJBDIVISION
OF PROPERTY LOCATED AT 4355 BAYSIDE ROAD
FILE NO. 2412
WHEREAS, th~ City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted subdivision regulations for the orderly, economic and safe development of land vvithin the
City; and
\VHEREAS, th~ City Council has considered the application for a 2-lot Class I metes
and bounds subdivision by Ste!l/e White and VCI Capital, Inc. (hereinafter "the subdividers") of
property located at 4355 BaysiM Road and legally described in the sunrey attached hereto as Exhibit
A (hereinafter "the property"); ~nd
\VHEREAS, th~ subdividers have completed all requirements of the City for a 2-lot
metes and bounds Class I subdiivision of the property.
NOW, THERE4FORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby approves the 2-lo1 metes and bounds Clac;s I subdivision for the subdividers as shov,m
on the Ce11ificate of Survey by Mark S. Gronberg, a licensed s1m·eyor of Coffin and Gronberg, Inc.,
dated August 19, 1997, revised October 6, 1997 and attached to this resolution a5 Exhibit A, subject
to the following conditions:
1. The subdividers shall grant Conservation and Flowagc Easements to the City over
the wetlands shi)wn on the attached survey. The subdividers shall provide legal
descriptions for said easements.
2. The subdividers shall grant to Hennepin County a 66' road, drainage and utility
easement over th)e portions of County Road 84 (Bayside Road) shovm on the attached
survey. 1be subdividers shall provide a legal description for said easements.
3. As a Class I subdivision, this subdivision is not subject to Park Dedication.
Page 1 of 2
P.3
11-04-1998 3:15PM FROM IND PARALEGAL SERV 612 295 0398
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 1 ~If~
4. The subdivider if; advised that the portions of Parcels A .:md B north of Bayside Road
are not separatelr buildable, and any future proposal to construct accessory stmctures
on those portio~ will be subject to further City review and approval.
5. Applicant shall 1provide confirmation of legal ownership of the property via title
opinion or other f01111 satisfactory to the City Attorney before the subdivision vVill be
released for filirjg.
6. The aforesaid diyision shown on the attached Certificate of Survey and the aforesaid
easements shall be filed by the City of Orono with either the Hennepin County
Recorder's Onice or Registrar of Titles Office on or before March 28, 1999 together
,.vith a certified; original copy of this resolution. The approval granted by this
resolution shall expire if the division has not been filed by the date specified above.
In that event, it \ll/ill be necessary to file a new application with the City of Orono for
subdivision review.
I
i
Adopted by the tity Council of Orono, Minnesota this 28th day of September, 1998.
ATTEST:
~ /2...c,._t_7 {~..,__,,.RL-_---+-----
Lmda S. Vee, City Clerk Gabrie Jabbour, Mayor
STATE OF MINNESOTA )i
)lss.
COUNTY OF HENNEPIN )\
The foregoing instrumemt was acknowledged before me on this 28th day of September, 1998
by Gabriel Jabbour and Linda :s. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
!
(h -~ ·zr&2 &. ~/ZU<✓·
Notary Public
Page 2 of2
P.4
11-04-1998 3: 16PM FROM IND PARALEGAL SERV 612 295 0398
'
R~SOUJTION # _4_1_6_"-_·· _
i
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ;
)
CITY OF ORONO )
I, Linda S. Vee, City Clctrk of the City of Orono, Hennepin County, Mim1esota, do hereby
certit} that I have compared thei foregoing copy of a resolution of the City Council of the City of
Orono with the original record tf such resolution in the Minutes of the proceedings of said City
Council at a meeting of said Cit}i Council held on September·,&, 1998 , and that the
same is a true and conect copy of said resolution duly adopted by said City Council at said meeting.
I
In Witness \Vhereof, I hqve hereunto set my hand and seal this 5th day of
(SEAL)
October , 1 g, 98 .
I
I
t 1· . , I ,,,. ,/ •.·• ~' ,-, -tFl.1fA__-. -~e .
Linda S. Vee, City Clerk
P.5
1 l -04-1998 .3: l f:iPM FROM IND PARALEGAL SERV 612 295 0.398
FLOWAQE AND CONSERVATION EASEMENT
!AND WAIVER OF DAMAGES
THIS INDENTURE, m~de and entered into this d 0
'"
9 day of G]t-\> ~dxr;-1998,
by and between VCI Capital, Inc. a Minnesota corporation, and its successors and
assigns ( collectively referred! to hereinafter as the "Grantor") and the City of Orono, its
successors and assigns, a municipal corporation under the laws of the State of
Minnesota (hereinafter referrled to as "Grantee").
WITNESSETH, Grantbr, for and in consideration of the sum of One Dollar
($1.00), and other valuable consideration, hereby covenants, grants, gifts, quit claims
and conveys to Grantee the right to restrict, and Grantor agrees to limit and preclude
the use, improvement and d~velopment, under the conditions and covenants herein
contained, the following desdribed Land in the County of Hennepin and State of
Minnesota:
as follows:
1.
See Exhibit A attached hereto and made a part hereof (the "Landu)
I Grantor hereby covenants and agrees:
A No structures shall be constructed, erected, or placed upon, above
or beneclth the Land including without limitation, fences, fireplaces,
steps, d~cks, piers, hardcover or roads of any nature whatsoever,
or any other structure or improvement inconsistent with the natural
state of ~he land, except that nothing in this Flowage and
Conservation Agreement shall prohibit Granter from constructing a
private 1ock on the Land to provide access to Lake Minnetonka in
the event that Grantor is successful 1n obtaining the necessary
permits for such dock from the City and any other agencies which
may reg~ilate docks or wetlands.
l
B. No trees( shrubs or other vegetation shall be destroyed, cut or
removed from the Land except as authorized by written consent of
Granteel
I
C. No earthi, loam, peat, gravel, soil or any other natural material or
substanqe shall be removed from the Land and there shall be no
dredginQ or excavation of any nature whatsoever or any change of
the topotraphy of the Land without the written consent of Grantee.
P. Ei
11-04-1998 3:17PM FROM IND PARALEGAL SERV 612 295 0398
D. No soil, ~and, gravel or other substance or material as landfill shall
be placed, dumped or stored upon the Land and no waste, trash or
garbage! shall be placed, dumped or stored upon the Land.
E. No use $hall be made of the Land except uses, if any, which will
not cha~ge or alter the natural condition of the Land, and no use
which w~uld tend to change the drainage, flood control, water
conservation, erosion control, soil conservation, fish and wildlife
I
habitat qharacteristics shall be made of the Land or the water
situated ithereon.
F. Grantee. may enter upon the Land for the purposes of inspection
and enfqrcement of the covenants contained herein and to cause
to be removed from the Land without any liability any structures,
uses, m$terials, substances, or unnatural matter inconsistent with
the cov~nants contained herein and the natural state of the land.
2. Grantor hereb~ grants, gifts, quit claims and conveys to Grantee, a
perpetual flow9ge easement and right and privilege to trespass with water
over and upon any or all of the Land.
3. Grantor herein !does hereby remiss, release, acquit and discharge
forever·, the Gr$ntee and any and all of its officers and employees of and
from any and all claims, demands or causes of action of any kind or
nature whatso~ver which may arise or accrue by virtue of any flowage or
trespass with water within terms of these agreements.
i
In addition to any oth~r remedy the grantee may have, the covenants and
restrictions contained hereini may be enforced by injunction.
Grantor does not intend that the public should have any interest in the above
land by virtue of this indenture or otherwise, except as hereinabove set forth.
The Grantor herein c~rtifies that the land herein described is free and clear of all
encumbrances except:
NbNE
All provisions hereof ~hall run with the land and shall extend to and bind the
heirs, successors, represent~tives, grantees or assigns of the respective parties
hereto.
2
P. 7
l 1 -04-l 998 3 : 1 8Prvl FROM IND PARALEGAL SERV 612 295 0398
i
STATE OF MINNESOTA ) i
. ) : S.
COUNTY OF~~l.U,C'\v.:£•('--..) f
VCI CAPITAL, INC.
The foregoing instrur11ent was acknowledged before me this it VI°' day of
No\.l<:'.\'V\°k.,E'..r ,1998,by :~c..,occ-, (2.. \.J2,\,,1e..,. ,the \)1(...tl_f?, .... ',1d>e.,•±: of
VCI Capital, Inc., a corporati~n under the laws of the State of Minnesota on behalf of
the corporation. i
I
I
Meagher & Geer, P.LLP.
4200 Multifoods Tower
33 South 6th Street
Minneapolis, MN 55402
/663786
3
Notary Public
e BRIAN J. STEINER
, NOTARY PUBLIC. MINNESOTA
I My~ Exp/res Jan. 31, 2000
P.8
11-04-1998 3:18PM FROM IND PARALEGAL SERV 612 295 0398
' Drajnage & Conservation Easement
I
An easement for drainage & donservation purposes over that part of the West Half of
the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th
Principal Meridian described ~s follows: Commencing at the northeast corner of said
West Half of the Northeast Q4arter; thence on an assumed bearing of South O degrees
06 minutes 01 seconds West along the east line of said West Half a distance of 650.00
feet to the point of beginning ~f the easement being described; thence North 82
degrees West a distance of 65.00 feet; thence South 19 degrees West to its
intersection with line drawn p~rallel with and 33.00 feet northerly, measured at right
angles to, "Line A:, said "LineiA" being described as follows:
Commencing at the northwest corner of said West Half of the Northeast Quarter;
thence on an assumed !bearing of South O degrees 12 minutes East along the
west line of said West tialf of the Northeast Quarter a distance of 221.08 feet to
the point of beginning q,f the centerline being described; thence South 32
degrees 09 minutes 30jseconds East a distance of 216.61 feet; thence along a
tangential curve concaye to the northeast having a central angle of 39 degree 03
minutes 30 seconds artJ radius of 319.62 feet a distance of 217.88 feet; thence
South 71 degrees 13 minutes East tangent to last described curve a distance of
1000.00 feet; thence al,ong a tangential curve concave to the south having a
radius of 650.00 feet t9 its intersection with the east line of said West Half of the
Northeast Quarter, andl said centerline there ending.
I
thence easterly atong said patallel line a distance of 75.00 feet; thence North 19
degree East to its intersectionl with said East line of the West Half of the Northeast
Quarter; thence northerly alorig said East line to the point of beginning.
I
I .
Drairage & Conservation Easement
An easement for drainage an1 conservation purposes over that part of the West Half of
the Northeast Quarter of Sect~n 5, Township 117 North, Range 23 West of the 5th
Principal Meridian which lies ~outherly of a line described as follows; Commencing at
the northwest corner of said West Half of the Northeast Quarter; thence on an assumed
bearing of South 0 degrees 12 minutes East a distance of 1555.00 feet to the point of
beginning of the line being de~cribed; thence South 85 degrees East a distance of
90.00 feet; thence South 48 degrees 30 minutes East a distance of 188.00 feet; thence
South 63 degrees East a dist~nce of 52.00 feet; thence South 41 degrees 30 minutes
East a distance of 130.00 feet~ thence South 40 degrees 30 minutes East a distance of
215.00 feet; thence South 5 dfgrees East a distance of 92.00 feet; thence North 75
degrees East to its intersectiop with "Line B", said "Line B" being described as follows:
Commencing at the soJtheast corner of sard 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~ distance of 1167.98 feet to the polnt of beginning of
i
I
P.9
11-04-1998 3:20PM FROM IND PARALEGAL SERV 612 295 0398
I
i
I
I
I
I
"Une B"; thence on a b~aring of West a distance of 513.35 feet; thence South 39
degrees 17 minutes 3d second West a distance of 280.05 feet; thence South 11
degrees 56 minutes 3tj second 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, and "Line B" tpere ending,
P. 10
11-04-1998 3:20PM FPOM IND PARALEGAL SEPV 6 'l 2 295 0398
Form No. 31-M·· QUIT CLAilvl D D Minm,sota Unifonn ConvcyanciJ]_S Blank_s (1/15/97) Miller-Davis Co., St. Paul, MN
c:'rny.,nn1.t.i0n, P,-.,rtne-.rship or Limited Li>1bility Company
Lt~ Cnrpori;tion, P:'!rtni::rship or Limited Llabitity Company
No delinquent taxes and transftr enterfd; Certificate of
Rt:al Estate Value ( ) filed ( 1 ) nor required,
Certificate of Real Estate Value No,-+--------
Date
Copnty Auditor
by; ___________________ _
Deputy
DEED TAX DUE: __ -¼!_-~/--'7_0 ________ _
Date: <-=,""',B --+--------(reserved for recording data)
FOR VALUABLE CONSIDERATION __ Y.CI Capital,1""""~---------------------
________ , a corporation under the lav,•s of
J'Vlionesota G antor, hereby conveys and quitclaims to the County of Hennepin
-----------------+---------------------------------, Grantee,
a ...b.Qdy_PQ.lliic and corporate under the laws of__..M..,.,._i.,n~o~e~s~a~t-a~----------
real property in -----------"-I ILI.,c""'.TI.,..nue.,p.,__...in.....__ ___________ County, Minnesota, described as follows:
St:e attached Exhibit A i
Total consideration is $500.00 or less.
together with all hereditaments and appirtenanc.:es.
Check box if applii.:able: I
0 The Seller certifies that the seller dobs not know of any wells on the described real property.
0 A well disclosure certificate accomp~nies this document. D I am familiar with the property described in this instrument and I certify that the status and number of wells
on the descrihed real property have uot changed since the last previously fileu well uisclosure certificate.
i
'I
/\ffi;,;_ Deed Tax st,ttnp Ht:r•.:
STATE OF ........,...._.,.,._,._._"-'-'-L.A..,......_ __ ----, __ }""·'·
COUNTY OF--~---""'-""~~-'_,....., __ -+-~
VCI Capital, Inc.
By _s~~~<-· -~1......__,,,...,._)~i;b~' --=--__ _
Steven C. Wlnte
Its Vice President
By
Its
This instrument was acknowledged bet· re me on ___ _;_,__-..c"---'--"'-----------------------i ~~
by ------.
rhe-----····
Stev.:;11 c White 1 and ___________________________ _
Yk~President
of -----------~~ . .Capital.
~ and ____________________________ _
I~w~------------, a _______ corporati=..,~--------
under the laws of }Vfinn'°'sdt,.
[
NOT ARIAL ST AMF OR SEAL (OR OTHER TJTLE OR~•\-?>.f.KJ
I e BRIAN J. STEINER
NOTARY PVeUC, MINNESOTA
~ Colalllilllklt EllpllNJM. 81, toC!O
• n 1 •. \l'<i"• n ti, "'I ri:-·,, "f ,,. ., •1 f'H~--'' i.-~ ~,n H\. ;i'i ., , J t: ,L,·r• ,\-rJ., r,rs"';i;
Judith L, F<lUSt I l'\1e<1gher & Gei:;r, P.L.L.P.
I 4200 Multifood Tower
33 South 6th Street I
Minneapolis, MN 55402-
612-338-0661
File No, 51876-1
...
··-
on behalf of the -------~co~rp-o~ra~· ~ti=o~o~-------
6~,:--r?.~-'k'.J
S.lGNA nJRE OF NOTARY PUBLIC OR O'IBER OFFlC!.A.L
Check here if part or all of the land is R-=-gisterl'>d (Torr;;,ns)D
Tax Staten1.ents tOr the real property described in this instrun1ent should
be sent to (include name and address of Grantee);
VCI Capital, Inc.
P.O. Box 375
Long Lake, MN 55356-0375
11-04-1998 3:21PM FROM IND PARALEGAL SERV 612 295 0398
I
I
I
Road Easement
An easement for road purpos~s over that part of the following described property:
i
All of the West Half of the Northeast Quarter of Section 6, Township 117 North,
Range 23 West of the 5th Principal Meridian, EXCEPT that part thereof
described as follows: ~eginning at the Northwest corner of the Northeast
Quarter of said Sectiort 6; thence East along the North line of said Northeast
I
Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West
(assuming said North qne as bearing East) a distance of 589 feet to the
centerline of the County Road which extends across said Northeast Quarter;
thence Northwesterly along the centerlfne of said County Road to the West line
of said Northeast Qua7er; thence Northerly along said West line to point of
beginning. i
!
ALSO EXCEPT that PZ\rt of the Northwest Quarter of the Northeast Quarter of
said Section 6 describ~d as follows: Beginning at the Northwest corner of said
Northeast Quarter; theihce East along the Northerly line of said section a
distance of 514 feet to bctual point of beginning; thence deflecting right 117
degrees 30 minutes a distance of 589 feet to the centerline of County Road 84;
thence deflecting left along said center line a distance of 180 feet; thence
I
deflecting left 81 degre~s 19 minutes 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 sai~ North line a distance of 216.55 feet to point of
beginning. For the purposes of this survey, two points on the centerline of
travel. distant 180 feet ~part, have been assumed to mark the above-described
centerline boundary. I
i
which lies within 33.00 feet orl each side of the following described centerline:
I
Commencing at the nohhwest corner of said West Half of the Northeast Quarter;
thence on an assumed !bearing of South 0 degrees 12 minutes East along the
I
west line of said West IHalf of the Northeast Quarter a distance of 221.08 feet to
the point of beginning df the centerline being described; thence South 32
I
degrees 09 minutes 30 1seconds East a distance of 216.61 feet; thence along a
tangential curve conca{e to the northeast having a central angle of 39 degree 03
minutes 30 seconds an~ radius of 319.62 feet a distance of 217.88 feet; thence
South 71 degrees 13 nilnutes East tangent to last described curve a distance of
1000.00 feet; thence alpng a tangential curve concave to the south having a
radius of 650.00 feet tof its intersection with the east line of said West Half of the
Northeast Quarter, and
1
said centerline there ending.
P. 12
1 1 -:-0f3-1 998 9 : 46AM FROM IND PARALEGAL SERV 612 295 0398
1:
BELLEV[LLE, lLUNOIS
BLOOMINGTON, [LUNOIS
CHAM.PAIGN. ILLINOIS
CHICAGO, JLLfNOlS
JOLfET, lLLINOIS
LISLE, !LUNOIS
PEORJA, ILLINOJS
ROCKFORD, JLL!NOIS
SPRINGFIELD, !LUNOJS
l'IAUKBGAK lLLINO[S
WRITE K'S DIRECT DIAL NO
(612)295-0660
Karl Y. Yeager, Esq.
Meager & Geer P.L.L.P.
4200 Multifoods Tower
33 South Sixth Street
Minneapolis, MN 55402
" H~SHA W & CULBERTSON
l
f PIPER JAFFF"~ Y TOWER
I SUITE 3200
I 222 SOUTH NINTH STREET
~•UNNEAPOL!S, lvlfNNESOTA 554(\2
TELEFAX: 61:! :29)-U:~98
November 6, 1998
l I
VCI Capital, Inc. [Subdivision
I
Re:
Dear Karl:
City of Orono ' I
l
[
I
FT LAUDEJ(J)ACF, FLORlD.•\
JACKSON\!llLE, FLOR[DA
MJAMl. FLORIDA
TAMl'A, FLORIDA
MUNSTER. INDIANA
ST LOUIS, MISSOURJ
A?PLEfON, WJSCONSIN
BR.OOKFJE(_D, WISCONSIN
LAKE GENEVA, 'NJSCONSIN
MILWAUKEE, IVISCONSIN
FILE NO
752031
VIA TELECOPY
The VCI Capital subdilision documents were recorded
Countv Recorder on Thursdav. November 5, 1998, as follows:
m the office of the Hennepin
,.I _,. I, .
1.
.--,
L.
3.
r
City of Orono Refolution No. 4165 v.ras recorded as Document No. 6998369;
Flowage :md Coj1servation Easement and Waiver of Damages was recorded as
Document No. 6~f)8370; and
Quit Claim Deed ror Roadway Easement was recorded as Document No. 6998371.
I
Upon my receipt of the recorded ~ocuments from the County, I will provide copies to you.
cc:
'
I r
I
I
I
I
Michael P. Gaffron (Via +elecopy)
Thomas J. Barrett, Esq. (11ia Telecopy)
I
f
r
I
I
r
I
I
I r
i
Very truly yours,
, : , /7 / -
r:::::,1l{ {11!Ui1✓d1 d7
N1ncy L. Chadwick
Legal Assistant
A ;lRJ Nel-:.SHJP rNCLU DING PROFESSJONAL CORPORA noNs
[,
I·
P.2
1 1 -0(3-1 998 9 : 45,6-M
8ELJ.,EV!LLE, lLLINOiS
BLOOMINGTON. !LLlNOJS
Cl-L".MPAfGN, ILLINOIS
CHJCAGO, lLLil!OfS
JOLIET, lLLfNOJS
LfSLE, llLJNO[$
PEOR.l.A, fLLINOIS
ROCKFORD. lLL!NOJs
SPRJNGl'!ELD, !LUNOIS
WAl.lKf.(jAN, ILLIN01S
Date: November 6, 1998
Authorization No. 6267
Transmittal is: D Urgent
FR01,1: Nancy L. Chadwick
FROM IND PARALEGAL SERV 612 295 0398
-I --Hll1JSHAW & ClJLBERTSON
I
Pl PER JAFfRA Y TOWER
SUITE 3200
222 SOUTH NINTH STREET
MINNEAPOLIS, MfNNESOTA 55402
61"2 B~-.341-4
TELEFAX o12 . .\l4.888S
FACSIMILE COVER PAGE
No. of Pages, including cover page: 2
Client no.
D lmmediitely by
!
fEJ ASAP
FT LAUDERDALE, FLOKJUA
JACKSONVILLE. FLORIDA
MIAMI, FLORIDA
TAL'vlP A, FLOR l DA
MUNSTER, IND!ANA
ST LOUfS. MJSSOURJ
APPLETON, WISCONSIN
BROOKFIELD. WISCONSIN
LAKE GENE\/ A, Wl:SCONSf~I
MlL \~1 AUK.EE) \VISCONSTN
Matter No. 752031
I TELEPHONE NO.(612)295-0660
PLEASE DELIVER THE FOLLOWINb PAGES TO:
!
Name Facsimile Number Telephone Number
1. Karl Yeager, Esq. 338-8384 347-9105
') Michael P. Gaffron. i 473-0510 473-7357 -·
3. Thomas J. Barrett i 334-8888 334-2676
CO Ivlli1ENTS:
lF YOU DO NOT RECEIVE LEGIBL4 COPIES OF ALL PAGES, PLEASE CALL 612/295-0660
I
P. 1
The mfom1at1011 contained in this facsimile messa)c;e is confidential infonnation intended only for use of the individual or entity named above. If the reader of this
message is not the intended recipient, or the employee or afent resµonsibk to deliver it to the inkmded recipient, you are hereby notified that atty dissemination,
distribution or copying oftliis comn1unieation is strictly prf11ibikd. If you l1ave receJved th1S con1111unlcation in error, please irnrnediatcly notilY us by telephone, and
return the 1)1iginal message to us at the above address via tlk U.S. Postal Service. Thank you.
I
267/221395<)3 11/6/98
Date:
To:
Fax:
Re:
Sender:
CifY of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(612) 473-7357
Fax: (612) 473-0510
FAX TRANSMISSION COVER SHEET
?':'
.:.:., v<tU::l,
YOU SHOULD RECEIVE LP PAGE(S), INCLUDING THIS
COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CALL 4 73-735 7.
, ,
******************************************* * TRANSMIT MESSAGE CONFIRMATION REPORT *
******************************************* NAME:CITY OF ORONO
TEL :6124730510
DATE:10/28/98 08:35
TRANSMIT:+3388384
TYPE: MEMORY TX I MODE I E-144
DURATION PAGE SESS
02' 19 07 759
RESULT
OK
Ciry of Orono
Date:
To:
Fax:
Re:
Sender:
2 750 Kelfry Parkwqy
P.O. Box 66
Crystal Bay, MN 55323
(612) 473-7357
Fa .. l.:: (612) 473-0510
FAX TRANSMISSION COVER SHEET
\ __ /J1-L-fu~ _y'~......,.-~~/,.__.,;..f./L,F--::: ~,<,?-...._a_.,,_, ✓----
You SriqULD RECEIVE 7 PAGE(S), INCLUDING THIS
COVER SJJEET IF YOU DO NOT RECEH1E ALL THE PAGES,
PLEASE CALL 473-7357.
CITY of ORONO
October 28, 1998
Nancy Chadwick
97 4 7 Hall A venue NE
Monticello, MN 55362
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Re: Subdivision for Steve White (VCI Capital), File #2412
Dear Nancy:
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
Enclosed please find the following items in preparation for the filing of this 2-lot Class I subdivision:
1. Certified Copy of Approval Resolution# 4165 ( original)
2. Copy of my letter to you dated 12-19-97
I assume you still have the Certificate of Survey, and I believe you are working with White's new
attorney, Karl Yeager, re: the Hennepin County road easement and the Flowage and Conservation
Easement. Please let me know ifthere are additional items you need from me in order to file this.
You may proceed to file this subdivision as soon as you believe you have all the pieces. Please call
me at 473-7357 if you have questions.
Sincerely,
' ;;xvL
Michael P. Gaffron
Senior Planning Coordinator
encl.
Telephone (612) 473-7357 • FAX 473-0510
CITY of ORONO
A RESOLUTION APPROVING
A :METES AND BOUNDS CLASS I SUBDMSION
OF PROPERTY LOCATED AT 4355 BAYSIDE ROAD
FILE NO. 2412
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted subdivision regulations for the orderly, economic and safe development of land within the
City; and
WHEREAS, the City Council has considered the application for a 2-lot Class I metes
and bounds subdivision by Steve White and VCI Capital, Inc. (hereinafter "the subdividers") of
property located at 4355 Bayside Road and legally described in the survey attached hereto as Exhibit
A (hereinafter "the property"); and
WHEREAS, the subdividers have completed all requirements of the City for a 2-lot
metes and bounds Class I subdivision of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby approves the 2-lot metes and bounds Class I subdivision for the subdividers as shown
on the Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc.,
dated August 19, 1997, revised October 6, 1997 and attached to this resolution as Exhibit A, subject
to the following conditions:
1. The subdividers shall grant Conservation and Flowage Easements to the City over
the wetlands shown on the attached survey. The subdividers shall provide legal
descriptions for said easements.
2. The subdividers shall grant to Hennepin County a 66' road, drainage and utility
easement over the portions of County Road 84 (Bayside Road) shown on the attached
survey. The subdividers shall provide a legal description for said easements.
3. As a Class I subdivision, this subdivision is not subject to Park Dedication.
Page 1 of 2
., .
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
0 41 65 N . --------
4 . The subdivider is advised that the portions of Parcels A and B north of Bayside Road
are not separately buildable, and any future proposal to construct accessory structures
on those portions will be subject to further City review and approv al.
5. Applicant shall provide confirmation of legal ownership of the property via title
opinion or other form satisfactory to the City Attorney before the subdivision will be
released for filing .
6. The aforesaid division shown on the attached Certificate of Survey and the aforesaid
easements shall be filed by the City of Orono with either the Hennepin County
Recorder's Office or Registrar of Titles Office on or before March 28 , 1999 together
with a certified original copy of this resolution. The approval granted by this
resolution shall expire if the division has not been filed by the date specified above.
In that event, it will be necessary to file a new application with the City of Orono for
subdivision review.
Adopted by the City Council of Orono , Minnesota this 28th day of September, 1998.
ATTEST:
~,.klti~ ~
Linda S. Vee, City Clerk Gabri lJabbour,Mayo~ ~
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of September, 1998
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Cbu uC .. ~
Notary Public
Page 2 of2
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
December 19, 1997
Nancy Chadwick
97 4 7 Hall A venue NE
Monticello, MN 55362
Re: Subdivision for Steve White
Dear Nancy:
Enclosed please find the following items in preparation for the filing of this 2-lot metes and bounds
subdivision:
1. Approval Resolution #3973 with attached survey and clerk's certification
2. Notice to Steve White 10/30/97
3. Letter to Steve White 12/8/97
4. Legal descriptions for required easements and a survey showing them:
a. Road easement top be granted to Hennepin County
b. Conservation and flowage easement to be granted to City
( I don't know why Gronberg called these 'Drainage and
Conservation Easement' descriptions; if it's a problem, let me
know)
Hopefully, Tom Owens will be getting the following items to you in a timely manner:
Title Opinion
Road Easement Document
Conservation and Flowage Easement Document
You may proceed to file this subdivision as sson as you have all the pieces. Call me if you have
questions.
Sincerely,
_..., '
.yt/1/44_
Michael P. Gaffron
Senior Planning Coordinator
encl.
Telephone (612) 473-7357 • FAX 473-0510
Ci~ of Orono
2750 Kellry Parkway
P.O. Box 66
Crystal Bay, MN 55323
(612) 473-7357
Fax: (612) 473-0510
FAX TRANSMISSION COVER SHEET
Date: /Q-27-9~
To:
Fax:
Re:
Sender:
YOU SHOULD RECEIVE U PAGE(S), INCLUDING THIS
COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES,
PLEASE CALL 473-7357.
Aff/1iJVeh .A-/Z,,NIS/OJ..J OF "f'}f-t..$ 917J-IVMve~ F + c €/cf:!Ml;'i\.l'I
~
1-),!'JC>IA.Af~.
, O).P-1. ()F ~ f4-'~0LU. 7"lr.,t-J~D,
$1AJ":!.Dll/l S/OU
\~ -f 1,,-L~~s~ C4:-t·l-~t-"'" f F Q ____ ...,
_) t;JILI.-. p;a...tAJ~ tJL.161/JA·t-S. 'Ttl 't'(r.A.. 71:li1S WIC&k. -,y
10-27-1998 4:47PM
Bf'.LLfiV JLLE . ILLINOIS
BLOOM l"NGTON, ILLINOlS
CHAMPA lGN , IL LJNO IS
C H tCAGO, ILLINO!S
JOLIET, lLLlNOlS
LIS LE-. lLL!NOlS
PEORJA, ILl,JNOI.S
ROCKFORD, ILLINOIS
SPRfNCiflELD. JLLfNOIS
WAUK.E.GAN, ILLINOIS
Date: October 26, 19 98
Authorization No. 6267
Transmittal is: D U rgent
FROM: Nancy L. Chadwick
FROM If--JD PARALEGAL SERV 612 295 0398
HlltSHA W & CULBERTSON
PlPER JAFFRAY TOWER
SU IT£".l200
~zz SOU TH NINTH ST REE.T
M!NN.8A.POLI:5, MINNESOTA ~5402
6 12 .333 . .3434
TELEFA-,: 612.334 .8888
F ACSfMfL E COVER PAGE
No. of Pages, including cover page : 8
Client no.
D Immedi~tely by [R] ASAP
I
f
FT. LAUDERDALE. FLO IU DA
JA CKSO NVILLE, f"LORJDA
MIAfvlJ , f 'LO"fUll,'\
TAMPA, FLORIDA
MUNSTER. iND IANA
ST .. LOl_fIS, MlSSOURJ
APl'LE':TON, WJSCONSIN
BROOKflELD . WISCONSIN
LAKE GENEVA, WISCONSIN
M!LWAUKD.G, WISCONSIN
Matter No . 752031
TELEPHONE NO .(612)295-0660
PLEASE DELIVER THE FOLLOWIN<µ PAGES TO :
Name ' Facsimile Number Telephone Number '
!
1. Karl Yeager, Esq. ; 338-8384 347-9105 I
'
2 . Michael P. Gaffron. ; 473-0510 473-7357
I
3. Thomas J. Banett ' i 334 -8888 334-2676
I
COMMENTS:
IF YOU DO NOT RECEIVE LEGTBL~ COPIES OF ALL PAGES, PLEASE CALL: 612/295-0660
'
P. l
The info rm ation co nta in ed in this facsimile message is c.oJ\fitle ntial infonnation intend ed only fo r use of the ind iv id ual or entity named above. If the reader of th is
mess~ge is not the in tended re c ip ient, or the emp loyee or 4gent re spo ns ible to de li ve r it to the intended reci pient, you are hereby not ified that a ny dissemination ,
dis rri bL 1ti on o r coµyi ng of th is communication is strictly p~ohibited . If you have rece ived thi s cornmunication in error, please immediat.ely notify us by telephone , and
return th.e original message to us at the abo ve address via 1,e U .S. Posta l Serv ice. Thank yo u.
267 /22 1.39503 10/26/98
1 0-27-1 998 4 : 48Ptvl FROM IND PARALEGAL SERV 612 295 0398
8£LLEV !LLE. ELLJNO[S
BLOOMINGTON, lLLINOfS
CHAMPAIGN, lLLlNOlS
CHlCAGO, JLLINOJS
JOLIET, !LLfNOlS
LlSLE.[LLrNQfS
l'fORIA, lLLINOIS
ROCKFORD, JLLlNO!S
SPRlNGFlELD, JLLfNOlS
WAUKEGAN, JLUNCHS
WRITER'S DIRECT DlAL NO
(612)295-0660
Karl Y. Yeager, Esq,
Meager & Geer P.LL.P.
4200 Multifoods Tower
33 South Sixth Street
Minneapolis, IvIN 55402
HfNSHA W & ClJLBERTSON
i
I
Pl PER JAfFR_"'-Y TOWER
sun£ :i-200
222 SOUTH NINTH STREET
MJNNEAPOUS, MINNESOTA 55402
612.333 3414
October 26, 1998
Re: VCl Capital, Iuc.\Subdivision
City of Orono
Dear Karl:
FT LAUDERDALE, FLORlDA
JACKSONVILLE, FLORIDA
MIAMI, FLORlDA
TAMPA, FLORIDA
MUNSTER. INDIANA
ST. LOlJ1S. MISSOURI
APPLETON, WJSCONS!N
BROOKFIELD, 'lllSCONSIN
LAKE GENEVA, WISCONSIN
Mil,WAUKJ,E, WlSCONSIN
F.lLE NO
752031
YIA TELECOPY
Attached is a fonn of Flq,wage and Conservation Easement and Waiver of Damages which
is acceptable to the City of On~no. As we have discussed, the attached easement, as well as a
roadway easement in favor of Jiem1epin Coimty must be recorded simultaneously with the City's
resolution approving the pendii~g subdivision. Please return an executed copy of the attached
easement, as well as an executed! roadway easement in a fonn acceptable to the County to me.
• I
With respect to the roadsyay easement in favor of Hennepin CoLmty, I understand that Dave
Zetterstrom at 745-7500 either will be able to help you or ,;,,1ill be able to direct you to the proper
person at the county to provide vou with a fonn of Roadway Easement which is acceptable to the
County. I have attached a legal 4escription of the easement area for your reference.
Mike Gaffron will be providing me with a certified copy of the most recent resolution
approving the subdivision. Uptll1 my receipt of that resolution, the two executed easements from
you and confilmation that the serond half real estate taxes have been paid, I will be able to proceed
with recording the documents v,ith the Hennepin County Recorder. Once those documents are
recorded, VCI cm1 work with th¢ City to have the building pe1mit issued. I look fonva:rd to heming
from you. ·
Enclostu-e
cc: Michael P. Gaffron (ViaiTelecopy)
Thomas J. Barrett, Esq. (jVia Telecopy)
~~:ly yours,
~~J?c~
Nancy L. Chadwick
Legal Assistant
A IP A RTN iiRSHIP fNCLUOlNG PJlOFESSTONA L CORPORA T!ONS
p -:;:,
10-27-1998 4:48PM FROM IND PARALEGAL SERV 612 295 0398
FLOW AGE AND CONSERVATION EASEMENT
. AND WAIVER OF DAMAGES
THIS INDENTURE~ made and entered into this __ day of ______ _
1998, by and between VCJ Capital, Inc., a Minnesota corporation, and its successors and
assigns (collectively referred. to hereinafter as the "Grantor") and the City of Orono, its
successors and assigns, a n11f!nicipal corporation under the hws of the State of Minnesota
(hereinafter referred to as tm:: "Grnntee").
WITNESS ETH, Gra~1tor, for and in consideration of the sum of One Dollar
($1. 00) and other valuable consideration, hereby covenant, grant, gift, quit claim and
convey to grantee the 1ight tp restrict and grantor agrees to limit and preclude the use,
improvement and developrn1;nt, under the conditions and covenants herein contained, the
following described Land irn the County of Hennepin and State of Minnesota:
See Exhibit A attached hereto and made a part hereof
(the "Land") as follows:
1. Grantor hereUiy covenants and agrees:
A. No st:tuctures shall be constrncted, erected, or placed upon, above
or be1ieath the Land including without limitation, fences,
fireplices, steps, docks, piers, hardcover or roads of any nature
whatspever, or any other structure or improvement inconsistent
with tbe natural state of the land.
B. No tr~es, shrubs or other vegetation shall be destroyed, cut or
removed from the Land except as auth01ized by written consent of
Grant~e.
C. No earth, loam, peat, gravel, soil or any other natural material or
subst~nce shall be moved or removed from the Land and there
shall be no dredging or excavation of any nature whatsoever or any
changie of the topography of the Land without the written consent
of Grantee.
D. No soil, sand, gravel or other substance or matc1ial as landfill shall
be plaped, dumped or stored upon the Land and no waste, trash or
garba$e shall be placed, dumped or slored upon the Land.
E. No use shall be made of the Land except uses, if any, which will
not chf::tnge or alter the natural condition of the Land, and no use
which would tend to change the drainage, flood control, water
conseirvation, erosion control, soil conservation, fish and wildlife
P.3
10-27-1998 ii.: 49Ptvl FROM IND PARALEGAL SERV 612 295 0398
habitkt characteristics shall be made of the Land or the water
I
situat~d thereon.
i
'
F. Gran~ee may enter upon the Land for the purposes of inspection
and e~1forcement of the covenants contained herein and to cause to
be reilnoved from the Land without any liability any strnctures,
uses, ~naterials, substances, or unnatural matter inconsistent with
the c4venants contained herein and the natural state of the land.
2. Grantor herepy grants, gifts, quitclaims and conveys to Grantee, a
perpetual flo}vage easement and right and p1ivilege to trespass with ,vater
over and upoh any or all of the Land.
!
3. Grantor herein does hereby remiss, release, acquit and discharge, forever,
the Grantee ~nd any and all of its officers and employees of and from any
and all claim~, demands or causes of action of any kind or nature
whatsoever \thich may arise or accrue by virtue of any fiowage or trespass
with water w1thin te1111s of these agreements.
In addition to any ot~er remedy the grantee may have, the covenants and
restiictions contained herei11 may be enforced by injunction.
Grantor does not int1nd that the public should have any interest in the above land
by virtue of this indenture ot otherwise, except as hereinabove set forth.
The Grantor herein dertifies that the land herein described is free and clear of all
I encumbrances except: 1
NONE
All provisions hereof shall run with the land and shall extend to and bind the
heirs, successors, representatives, grantees or assigns of the respective parties hereto.
I
I
vcr CAPITAL, INC.
By _______________ _
Its -----------
P.4
10-27-1998 4:50PM FROM IND PARALEGAL SERV 612 295 0398
STATE OF MINNESOTA i )
' ) ss
COUNTY OF _____ )
' The foregoing instnLJ11ent was acknmvledged before me this __ day of
_____ , 1998, by · the _________ of
VCI Capital, Inc., a corporahon under the laws of the State of Minnesota on behalf of the
corporation.
This insttument was drafted by:
HINSHAW & CULBERTSON
3100 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612)333-3434
!
Notary Public
P.5
10-27-1998 4:50PM FROM IND PARALEGAL SERV 612 295 0398
Draibage & Conservation Easement
An easement for drainage & conservation purposes over that part of the West Half of
the Northeast Quarter of Section 6, Township 117 North, Range 23 West of the 5th
Principal Meridian described as follows: Commencing at the northeast corner of said
West Half of the Northeast Quarter; thence on an assumed bearing of South O degrees
06 minutes 01 seconds West along the east line of said West Half a distance of 650.00
feet to the point of beginning qif the easement being described; thence North 82
degrees West a distance of 6i. 00 feet; thence South 19 degrees West to its
intersection with line drawn p~rallel with and 33.00 feet northerly, measured at right
angles to, "Line A:, said "Line;A" being described as follows:
!
Commencing at the nortthwest corner of said West Half of the Northeast Quarter;
thence on an assumed :bearing of South O degrees 12 minutes East along the
west line of said West Half of the Northeast Quarter a distance of 221 .08 feet to
the point of beginning of the centerline being described; thence South 32
degrees 09 minutes 30:seconds East a distance of 216.61 feet; thence along a
tangential curve conca~e to the northeast having a central angle of 39 degree 03
minutes 30 seconds and radius of 319.62 feet a distance of 217.88 feet; thence
South 71 degrees 13 minutes East tangent to last described curve a distance of
1000.00 feet; thence along a tangential curve concave to the south having a
radius of 650.00 feet to its intersection with the east llne of said West Half of the
Northeast Quarter, and said centerline there ending.
thence easterly along said patallel line a distance of 75.00 feet; thence Nortl1 19
degree East to its intersection with said East line of the West Half of the Northeast
Quarter; thence northerly alorig said East line to the point of beginning.
Draipage & Conservation Easement
An easement for drainage and conservation purposes over that part of the West Half of
the Northeast Quarter of Section 5, Township 117 North, Range 23 West of the 5th
Principal Meridian which lies ~outherly of a line described as follows; Commencing at
the northwest corner of said West Half of the Northeast Quarter; thence on an assumed
bearing of South 0 degrees 12 minutes East a distance of 1555.00 feet to the point of
beginning of the line being described; thence South 85 degrees East a distance of
90.00 feet; thence South 48 degrees 30 minutes East a distance of 188.00 feet; thence
South 63 degrees East a dist9nce of 52.00 feet thence South 41 degrees 30 minutes
East a distance of 130.00 feet; thence South 40 degrees 30 minutes East a distance of
215.00 feet; thence South 5 degrees East a distance of 92.00 feet; thence North 75
degrees East to its intersectiori with "Line B", said "Line B" being described as follows:
Commencing at the southeast corner of said 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 q. distance of 1167.98 feet to the point of beginning of
P.6
10-27-1998 4:51PM FROM IND PARALEGAL SERV 612 295 0398
"Line B''; thence on a bl=!aring of West a distance of 513.35 feet; thence South 39
degrees 17 minutes 30i second West a distance of 280.05 feet; thence South 11
degrees 56 minutes 30i second 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, and "Line B" t~ere ending,
P. 7
10-27-1998 4:51PM FROM IND PARALEGAL SERV 612 295 0398
Road Easement
An easement for road purposes over that part of the following described property:
I
All of the West Half of the Northeast Quarter of Section 6, Township ·117 North,
Range 23 West of the 5th Principal Meridian, EXCEPT that part thereof
described as follows: lpeginning at the Northwest corner of the Northeast
Quarter of said Section 6; thence East along the North line of said Northeast
Quarter a distance of 514 feet; thence South 27 degrees 30 minutes West
(assuming said North line as bearing East) a distance of 589 feet to the
centerline of the Countl{ 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 point of
beginning. l
ALSO EXCEPT that p~rt of the Northwest Quarter of the Northeast Quarter of
said Section 6 described as follows: Beginning at the Northwest corner of said
Northeast Quarter; thence East along the Northerly line of said section 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 84;
thence deflecting left along said center line a distance of 180 feet; thence
deflecting left 81 degreies 19 minutes a distance of 662.11 feet to a point on the
North line of sard 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. For the purposes of this survey, two points on the centerline of
travel, distant 180 feet apart, have been assumed to mark the above-described
centerline boundary.
i
which lies withln 33.00 feet on each side of the following described centerline:
Commencing at the northwest corner of said West Half of the Northeast Quarter;
thence on an assumed bearing of South 0 degrees 12 minutes East along the
west line of said West rtalf of the Northeast Quarter a distance of 221. 08 feet to
the point of beginning <t>f the centerline being described; thence South 32
degrees 09 minutes 301 seconds East a distance of 216.61 feet; thence along a
tangential curve concave to the northeast having a central angle of 39 degree 03
minutes 30 seconds artd radius of 319.62 feet a distance of 217.88 feet; thence
South 71 degrees 13 minutes East tangent to last described curve a distance of
1000.00 feet; thence albng a tangential curve concave to the south having a
radius of 650.00 feet ta its intersection with the east line of said West Half of the
Northeast Quarter, and said centerline there ending.
P.8
· ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 28, 1998
(#2401 Thomas and Margaret Radke, continued)
Radke stated he does not have a problem with that, noting he is proposing to construct a 10' by 14'
shed.
. .
Kelley moved, Goetten seconded, to adopt RESOLUTION NO. 4163 approving Application
#2401, 3424 Eastlake Street, granting of a variance to allow an accessory building to be
constructed on a lot without a principal structure not to exceed 12' by 15', and reserving the right
for the adjoining neighbor to construct a shed, not to exceed 12' by 15', on the same lot. VOTE:
Ayes 5, Nays 0.
(*#6) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE
NORTH -SUBDIVISION -RESOLUTION NO. 4164
Goetten moved, Peterson seconded, to approve #2408, 900 Willow Drive North, adopting
RESOLUTION NO. 4164, A Resolution Approving a Subdivision of a Lot Line Rearrangement
of a Property Located at 900 Willow Drive North. VOTE: Ayes 5, Nays 0.
(*#7) #2412 STEVE WHITE, 4355 BAYSIDE ROAD-RENEWAL SUBDIVISION -
RESOLUTION NO. 4165
Goetten moved, Peterson seconded, to approve #2412, 4355 Bayside Road, adopting
RESOLUTION NO. 4165, A Resolution Approving a Metes and Bounds Class I Subdivision
of Property Located at 4355 Bayside Road. VOTE: Ayes 5, Nays 0.
(*#8) #2414 RANDY AND MARIE STAFFANSON, 1422 PARK DRIVE-VARIANCES-
RESOLUTION NO. 4166
Goetten moved, Peterson seconded, to approve #2414, 1422 Park Drive, adopting
RESOLUTION NO. 4166, A Resolution Granting Variances to Allow for the Construction of
a Garage at 1422 Park Drive. VOTE: Ayes 5, Nays 0.
(*#9). #2415 TERRY _SANDERS ON BEHALF OF KEVIN KENNEFICK, 3241 CASCO
CIRCLE-CONDITIONAL USE PERMIT/VARIANCES-RESOLUTION NO. 4167
Goette_n moved, Peterson seconded, to approve Application #2414, ~dopting·
RESOLUTION NO. 4167, a Resolution Granting After-the-Fact Variances and an After-the-Fact
Conditional Use Permit to Allow the Replacement of a Deck and Land Alteration within
75' of the Lakeshore for Landscaping and Rock. VOTE: Ayes 5, Nays 0.
(#10) #2418 ROBERT LUND ON BEHALF OF GRA YOON AND MICHELLE NEWMAN,
1655 BOHN'S POINT ROAD -VARIANCE
Page 8
ORONO CITY COUNCIL MEETING
MINUTES FOR SEPTEMBER 28, 1998
(#2368 Kirk Otteson, continued)
foet to comply with the average lakeshore setback.
Mayor Jabbour stated the City Council usually does not get involved in structural issues but defers
those matters to the building inspector.
Otteson stated he had a structural engineer review the foundation of the house and he has stated
the present foundation is okay to build on, after underpinning along one wall.
l\fayor fabbour suggested Mr. Otteson contact the building inspector and work that matter out between
the two of them.
Moorse stated the building inspector preferred that a new foundation be built.
Mayor Jabbour stated the issue before the City Council tonight is if we had understood that this house
would be torn dO\vn to the foundation would we still have approved these variances.
Otteson stated the intent of the project remains the same in his view and he is merely trying to
meet current standard construction practices. Otteson stated they felt they were in a gray
area as to what they were allov,ed to do under the application. Otteson remarked the building
inspector has stated the joists are not adequate to build on and need to be replaced which was not
kno\\TI until some sheetrock was removed from the wall.
Kelley commented it is usually hard to predict what will need to be replaced until the project is
underway, noting he is in favor of the project going forward. Kelley stated if the foundation needs to
be replaced based upon the opinion of the building inspector, then the application should be reviewed.
Goetten stated the safety of the occupants needs to be taken into consideration.
Mayor Jabbour commented minor repair of the foundation is okay.
Van Zomeren stated the Applicants are planning to have the foundation certified and are attempting
to comply with the City's requirements.
Goetten moved, Peterson seconded, to approve #2368, 710 North Arm Drive, allowing
construction to continue as originally approved subject to certification by a structural
engineer that the foundation can be built upon. VOTE: Ayes 5, Nays 0.
(#5) #2401 THOMASAND MARGARET RADKE, 3424 EASTLAKE STREET-
VARIANCE/RESOLUTION NO. 4163
Thomas and Margaret Radke were present.
Kelley stated he is not opposed to the application, but has concerns about the other property owner
wanting to build a shed on the property in the future. Kelley stated the neighbor should be allowed to
construct a similar shed on the property if he so desires.
Page 7
REQUEST FOR COUNCIL ACTION
DATE: September 25, 1998
ITEM NO.: 7
Department Approval: Iv. -~
Name Michael P. Gaffron / '{W-
Administrator Reviewed: Agenda Section:
Zoning
Title Senior Planning Coordinator
Item Description: #2412 Steve White, 4355 Bayside Road -Class I Subdivision (Renewal) -
Resolution
Zoning District: RR-IA, 5 acre rural residential (north of Bayside Road)
Summary of Request
RR-lB, 2 acre rural residential (south of Bayside Road, north of quarter
section line)
LR-1 A, 2 acre lakeshore residential ( south of quarter section line)
This is a renewal of applicant's 1997 approval to split this 5 5 acre property into two parcels to create
one additional building site. Parcel A, the new building site, is proposed at 28.3 acres in total area
of which 21.1 acres is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of
which 21.1 acres is dry buildable.
List of Exhibits
A -Resolutiori
B -Memo and Exhibits of 9/17 /98
Discussion
This subdivision was proposed by applicant in order to allow construction of a new residence on the
westerly half of the property. The original Council approval was granted in October 1997 and
expired in April 1998. The approval expired prior to filing of the subdivision because the applicant
was hesitant to provide the required Conservation and Flowage Easement over the wetland adjacent
to North Arm bay. His issue was (is) that the standard Easement language would preclude him from
even applying for a permit to construct a dock to get to Lake Minnetonka, which his property abuts.
Staff has reviewed our standard easement language ( see Exhibit G of September 17 memo) with the
City Attorney and we have concluded that applicant's requested changes would change the scope of
the easement, which requires Council approval. Applicant's attorney had originally suggested two
changes, neither of which were acceptable to staff. The first would have added a condition G as
follows:
#2412 -Steve White
September 25, 1998
Page 2
"Except as specifically provided herein, nothing in this Flowage and Conservation Easement
Agreement shall be deemed to or construed to restrict the use of the Land beyond current
zoning and or land use restrictions".
However, the standard easement language does (and is intended to) provide slightly more restrictive
standards than the zoning code. Applicant's attorney also suggested that the restriction on placement
of structures in the wetland (Item lA in the standard language) be modified with the following:
", except as to those approved by Grantee upon due application of Grantor".
Staff is proposing that the only change to our standard language be to modify lA as follows:
", except that nothing in this Flo wage and Conservation Agreement shall prohibit Gran tor
from constructing a private dock on the Land to provide access to Lake Minnetonka in the
event that Grantor is successful in obtaining the necessary permits for such dock from the
City and any other agencies which may regulate docks or wetlands".
Planning Commission Recommendation
At the September 21st meeting, Planning Commission voted 6-0 for approval of the proposed Class
I subdivision, subject to the staff recommendation as follows:
1. Applicant to grant Conservation and Flowage Easements over the large wetland at the south
end of the property, as well as over the smaller wetland in Parcel B north of the road.
Applicant shall provide legal descriptions for such easements. Staff recommends that the
easement language be modified so as to not prohibit applicant from applying for a dock
CUP/variance, since his property does abut the lakeshore.
2. Subject to Hennepin County Public Works review, applicant to grant the County an easement
for the 66' ofright-of-way for Bayside Road within the boundaries of the property.
3. Because this is a Class I subdivision, the subdivision is not subject to park dedication.
4. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not
separately buildable, and any future proposal to construct accessory structures on those
portions will be subject to further City review and approval.
Staff Recommendation
Staff recommends approval of the proposed metes and bounds Class I subdivision per the Planning
Commission recommendation.
#2412 -Steve White
September 25, 1998
Page 3
COUNCIL ACTION REQUESTED:
Adopt the attached resolution approving a 2-lot metes and bounds Class I subdivision for Steve
White at 4 3 5 5 Bayside Road, and accept the modified Flo wage and Conservation Easement language
as proposed by staff.
ch
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 1 6 0 -.
A RESOLUTION APPROVING
A METES AND BOUNDS CLASS I SUBDIVISION
OF PROPERTY LOCATED AT 4355 BAYSIDE ROAD
FILE NO. 2412
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted subdivision regulations for the orderly, economic and safe development of land within the
City; and
WHEREAS, the City Council has considered the application for a 2-lot Class I metes
and bounds subdivision by Steve White and VCI Capital, Inc. (hereinafter "the subdividers") of
property located at 4355 Bayside Road and legally described in the survey attached hereto as Exhibit
A (hereinafter "the property"); and
WHEREAS, the subdividers have completed all requirements of the City for a 2-lot
metes and bounds Class I subdivision of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby approves the 2-lot metes and bounds Class I subdivision for the subdividers as shown
on the Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc.,
dated August 19, 1997, revised October 6, 1997 and attached to this resolution as Exhibit A, subject
to the following conditions:
1. The subdividers shall grant Conservation and Flowage Easements to the City over
the wetlands shown on the attached survey. The subdividers shall provide legal
descriptions for said easements.
2. The subdividers shall grant to Hennepin County a 66' road, drainage and utility
easement over the portions of County Road 84 (Bayside Road) shown on the attached
survey. The subdividers shall provide a legal description for said easements.
3. As a Class I subdivision, this subdivision is not subject to Park Dedication.
Page 1 of 2
r;~o~
I . . ~
~i. ~t~ ~
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 1 6 f;
4. The subdivider is advised that the portions of Parcels A and B north of Bayside Road
are not separately buildable, and any future proposal to construct accessory structures
on those portions will be subject to further City review and approval.
5. Applicant shall provide confirmation of legal ownership of the property via title
opinion or other form satisfactory to the City Attorney before the subdivision will be
released for filing.
6. The aforesaid division shown on the attached Certificate of Survey and the aforesaid
easements shall be filed by the City of Orono with either the Hennepin County
Recorder's Office or Registrar of Titles Office. on or before March 28, 1999 together
with a certified original copy of this resolution. The approval granted by this
resolution shall expire if the division has not been filed by the date specified above.
In that event, it will be necessary to file a new application with the City of Orono for
subdivision review.
Adopted by the City Council of Orono, Minnesota this 28th day of September, 1998.
ATTEST:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Tue·foregoing instrument was acknowledged before me on this 28th day of September, 1998
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Page 2 of2
A RESOLUTION APPROVING
A METES AND BOUNDS CLASS I SUBDIVISION
OF PROPERTY LOCATED AT 4355 BAYSIDE ROAD
FILE NO. 2412
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted subdivision regulations for the orderly, economic and safe development of land within the
City; and
WHEREAS, the City Council has considered the application for a 2-lot Class I metes
and bounds subdivision by Steve White and VCI Capital, Inc. (hereinafter "the subdividers") of
property located at 4355 Bayside Road and legally described in the survey attached hereto as Exhibit
A (hereinafter "the property"); and
WHEREAS, the subdividers have completed all requirements of the City for a 2-lot
metes and bounds Class I subdivision of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby approves the 2-lot metes and bounds Class I subdivision for the subdividers as shown
on the Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc.,
dated August 19, 1997, revised October 6, 1997 and attached to this resolution as Exhibit A, subject
to the following conditions:
1. The subdividers shall grant Conservation and Flowage Easements to the City over
the wetlands shown on the attached survey. The subdividers shall provide legal
descriptions for said easements.
2. The subdividers shall grant to Hennepin County a 66' road, drainage and utility
easement over the portions of County Road 84 (Bayside Road) shown on the attached
survey. The subdividers shall provide a legal description for said easements.
3. As a Class I subdivision, this subdivision is not subject to Park Dedication.
Page 1 of2
4. The subdivider is advised that the portions of Parcels A and B north of Bayside Road
are not separately buildable, and any future proposal to construct accessory structures
on those portions will be subject to further City review and approval.
5. Applicant shall provide confirmation of legal ownership of the property via title
opinion or other form satisfactory to the City Attorney before the subdivision will be
released for filing.
6. The aforesaid division shown on the attached Certificate of Survey and the aforesaid
easements shall be filed by the City of Orono with either the Hennepin County
Recorder's Office or Registrar of Titles Office on or before March 28, 1999 together
with a certified original copy of this resolution. The approval granted by this
resolution shall expire if the division has not been filed by the date specified above.
In that event, it will be necessary to file a new application with the City of Orono for
subdivision review.
Adopted by the City Council of Orono, Minnesota this 28th day of September, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of September, 1998
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 2 of2
--
TO: Chair Smith and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Michael P. Gaffron, Senior Planning Coordinator
DATE: September 17, 1998
SUBJECT: #2412 Steve White, 4355 Bayside Road-Class I Subdivision (Renewal) -
Public Hearing
Zoning District: RR-IA, 5 acre Rural Residential (north of Bayside Road).
RR-lB, 2 acre Rural Residential (south of Bayside, north of 1/4 section line).
LR-IA, 2 acre Lakeshore Residential (south of 1/4 section line).
Summary of Request
Renew the October 13, 1997 approval for a subdivision of this 55 acre property into two parcels to
create one additional building site. Parcel A, the building site, will be 28.3 acres in total area of
which 21.1 acres is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of
which 21.1 acres is dry buildable.
List of Exhibits
A -Application
B -Plat Map & Property Owners List
C -PC & C Minutes 1997
D -Survey
E -Memo & Selected Exhibits of September 11 and October 9, 1997
F -Resolution #3973
G -Flowage & Conservation Easement Standard Form
H -Section 10.55 Subds. 8 & 9
Class I Subdivision
This lot split is being processed as a Class I Subdivision because it "results in no more than two
buildable lots where each resulting lot meets or exceeds 5 acres ofland, and each lot has at least 300'
of frontage on a public roadway which has been accepted and opened by the City ... and where no
flexible zoning application or extension of municipal utilities is involved". Flexible zoning includes
special or conditional use permits, variances, PUDs, and rezoning, none of which apply to the
proposed subdivision. This is discussed in greater detail in the September 11, 1997 memo.
Zoning File #2412
September 17, 1998
Page 2
Class I Subdivision Exempt from Park Dedication
The City's park dedication ordinance, Section 11.62, applies only to Class II and III subdivisions
based on the title of Section 11.62 "Parks and Playgrounds, Class II and III Subdivisions."
Therefore, this proposal is not subject to a park fee at this time. If the property is further divided in
the future via a Class II or III subdivision, park dedication would be required.
Merits of Proposed Division
The land north of Bayside Road is zoned for 5 acre lot area minimum. Applicant revised his original
proposal in 1997 to ensure there would be 5 acres of dry buildable land north of Bayside Road in
each of the two lots, should he wish to further subdivide in the future to convert the land north of
Bayside into buildable lots.
In the easterly parcel north of Bayside, a 0.3 acre wetland exists. The 1997 approval required that
this wetland shown on City and NWI maps be the subject of a Conservation and Flowage Easement.
On the south side of Bayside, each of the two parcels contains more than adequate area and width
to meet the RR-lB standards for individual building sites. Each of these tracts has the potential to
be platted for 2 acre building sites in the future.
Parcels A and B are both technically lakeshore lots because they abut the 929 .4' contour of Lake
Minnetonka. The existing detached garage on Parcel B was approved some years ago on the basis
that the entire 55-acre parcel abutted the shoreline. The City's 1997 subdivision approval required
that a Conservation and Flowage Easement be granted over the extensive wetland area which exists
between the 929.4 contour and the open water channel extending northward from North Arm bay.
Existing Buildings on Parcel A
Applicant has advised staff that the barn and other out buildings located in the northwest comer of
Parcel A south of Bayside Road have been removed. Applicant proposes to construct a new home
on Parcel A in the near future.
Site Evaluation Completed
Applicant has provided information confirming that primary and alternate drainfield sites are
available in Parcel A for construction of a new residence.
Right of Way for Bayside Road
The original approval required applicant to grant to Hennepin County a road easement over the 66'
Zoning File #2412
September 17, 1998
Page 3
Bayside Road segment traversing the property, which has never been formally platted. Orono's
Comprehensive Plan indicates Bayside is a 'collector' road with a required width of 66'.
Hennepin County has indicated there will be no problem locating a new driveway to serve a new
home on Parcel A.
Wetland Easement Issue
The applicant was required to grant Conservation and Flowage Easements over the major wetland
at the south end of the property, and over the smaller wetland north of Bayside Road in Parcel B.
While he has no problem with the northerly wetland easement, applicant has indicated a reluctance
to grant the Flowage and Conservation Easement over the southerly wetlands, because the standard
language of that easement would prohibit him from constructing a dock through the wetland to the
open water. While he is not requesting that a dock be approved at this time, he is requesting that he
be allowed the opportunity to apply for one at a later date.
Such a dock would apparently require a DNR permit as well as a variance/CUP per Orono's
Floodplain and Wetland Management ordinance (Section 10.55). Permanent docks are a conditional
use allowed in floodway and floodfringe areas under 10.55 Subdivision 9B.
The City has few prior cases for reference for allowing construction of a dock through a lake-fringe
wetland. The only recent application that comes to mind was for Lydiard Lake perhaps 10 years ago,
and that was recommended for denial by Planning Commission, and subsequently withdrawn by the
applicant.
We have other properties similarly situated as the applicant's. Two obvious ones are:
the late 1970's Victoria Estates subdivision along the west side of the channel at the
end of North Ann; this is a joint use dock accessed via a permanent walkway across
200-300' of wetland; and
the Hanser subdivision on Fox Street just west of Orono Orchard Road, where the
929 .4 contour is at the base of the building site, but separated from the open water
of Tanager Lake and Long Lake Creek by 800' of wetland; no dock has been applied
for nor constructed here.
It would be satisfactory to the applicant that the language of the C & F Easement be modified to not
prohibit the construction of a dock or similar lake access facility, subject to gaining the required·
approvals from the City and other agencies. The standard language of the C & F Easement does
place somewhat greater restrictions on a wetland than does the City Code (See Exhibit G, items 1
A-F); for instance, the easement totally prohibits structures and filling, without suggesting that such
items or activities might be allowed if approved by the City; and disallows the destruction or
removal of vegetation as well as all types of excavation and dredging, while suggesting that these
Zoning File #2412
September 17, 1998
Page4
activities could be allowed upon written consent of the City. The Code prohibitions in 10.55 do not
get into vegetation removal, and do allow certain of the easement-prohibited activities via a CUP.
Issue for Discussion
Should the City honor applicant's request that the C & F Easement language be modified to not
prohibit him from applying for the necessary permits to construct a dock?
Staff Recommendation
Staff recommends approval of the proposed metes and bounds Class I subdivision with the following
conditions of approval (similar to those approved in 1997):
1. Applicant to grant Conservation and Flowage Easements over the large wetland at the south
end of the property, as well as over the smaller wetland in Parcel B north of the road.
Applicant shall provide legal descriptions for such easements. Staff recommends that the
easement language be modified so as to not prohibit applicant from applying for a dock
CUP /variance, since his property does abut the lakeshore.
2. Subject to Hennepin County Public Works review, applicant to grant the County an easement
for the 66' ofright-of-way for Bayside Road within the boundaries of the property.
3. Because this is a Class I subdivision, the subdivision is not subject to park dedication.
4. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not
separately buildable, and any future proposal to construct accessory structures on those
portions will be subject to further City review and approval.
Options for Action
1. Approve per staff recommendation.
2. Approve with revised conditions.
3. Table for further information.
4. Recommend denial (state reasons).
5. Other.
#2 ~~f1€f1
CITY OF ORONO -SUBDIVISION APJiLICATlQ:rq'
PROPERTY LOCATION
Siteaddress 1/.!SS-4t:<.ys1/e £1. /4~ ~/4..ii, ,.azrl/ S-.>J.Jf
-_ _ Property Identification Number {PID) o (:, -JI 7 -.23 -; 2. -o o c:i 3
Please check one -Property ___K_ abstract or · torrens? •
Attach legal description to application.
APPLICANT
Name Si--eu-e Ll ~; + -e.
Address // 2 I ID I eJ o f1y...e_ f\{-
City 6:-o I J-c" ( Jc.. 11-e::i , 111N
O'\-VNER (if different than applicant)
Name Ve.I Ct...p~-kl
Address f'. D . i? ox; l 71
Phone (home) s-:21-rr-J?
Zip~ Phone (work) 1/76 -2.. {.J7
Phone (home) ----
City · L-.o" 5 L4.. !c e. mN Zip cr: u::i::: Phone (work) t./7t -.2,bJ7
( attach list if more than one)
EXISTINGLAND USE
Number of Tax Parcels
Development Size
Present use ( check)
Present Zoning District
PROPOSAL
/2-8''
' rr-1
V:
RI 7
Acres Dry Land
Acres Wet Land ·
Acres Total , all parcels
Residential; no. of units_/=----
Other (specify) ___ _
Division for Tax Purposes
Lot Line Rearrangement Only (no new buildling sites)
V---Subdivision for New Building Sites
Number of Building Sites __ _.____ Existing Units
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
I New Units · ----
2 Total Units ----
__ ,____ Units per27-)Acres
:21>--5:1'1 Sq. Ft. Dry Buildable Land
-~k::::='----Residential
____ Other (specify) ___ _
10
~~ii•~:::t:~;!~~~ :~.~~~~:i:.~~t~b~To:~ PRELIM,IAPn Tio (f:) ~a
2. Completed apphcat1on form . .,p,f,-;-~ , .. /)/ _.,,,,,-""·«:;;.-:\ \; :· \:'i',
3 . Preliminary plat information on Certificate of Survey. {-;,.. ... _ ~ 1 . , __ -: '' ,:j
4 . Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603
Govt. Center 348-3271).
5. As an addendum to this application , please attach a separate list of any other persons you wish notified of this application .
Zoning Official's Signature__________________ Date _____________ _
l\UNll\iIUM MATERIAL REQUIRED FOR COMPLETE FINAL APPLICATION
1. Payment of fees (refer to· Preliminary SubdivisiO[! Appr~val resolution and park fees if appicable).
2. Signed Certificate of Survey or mylar copies of formal plat. ·
3 . Title opinion.
4. Easements, covenants, etc .
5 . Developers Agreement and Letter of Credit.
Date Zoning Official's Signature _________________ _ --------------
I. APPLICATION FEES (Zoning Administrator to check [X] those which apply)
A. Application Base Fees:
Sketch Plan Review (Class I, II & III) $250 .00
Subdivision of a Lot Line Rearrangement $350 .00
7 1
Subdivision Application (Class I & II) $350.00
Preliminary Subdivision Application $375.00 + $25 .00/lot (Class III & all non-residential)
Final Plat Application (Class 111) $200.00
Legal Review and Filing:
___ Subdivision only $75.00
___ Subdivision w/easements and covenants min. $200 .00
Park Fees (to be determined per Section 11.62)
Legal and Engineering Review Fees (as incurred)
l,..,/ Renewal of Class I and II Subdivision Application $200.00 (No change from original application)
Renewal of Class III , Preliminary Subdivision Application $200.00 (No change from original application)
Renewal of Final Class III Subdivision Application $150.00 (No change from original application)
B . Special Improvement Fees:
Proposed Private Roads $600.00 + $.50/lineal ft.; ___ lin . ft. x .50 = $ __ _
Proposed Public Roads $900 .00 + $.50/lineal ft .; __ lin. ft . x .50 = $ __
Request for City to Accept Existing Private Road $900.00
Proposed Sanitary Sewer Main Extension $250 .00 + $25 /stub
Proposed Watermain Extension $250 .00 + $25/stub
Proposed Storm Sewer System (excluding culverts) $200.00
/ On-Site System, Site Evaluation Review (applicable to rural subdivision applications)
$50 .00/per lot x _l_ new lots
C. Flex ible Application Fees/Misc. Fees
Variance $220 .00 ($50.00 per each additional variance)
Easement Vacation Associated with Subdivision $100.00
PRD Application w ith Subdivision $30 .00/Dwelling Unit
a,oo-
:·.,
J,•
The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney ,
Planning Commission and Council necessary to process this application and further agrees to pay all additional fees established by JJ
ordinance. -;;fJjj ;&:5£ J / ~./ / 5b
Applicant's Signature ~ ~~ Date Ir QI /'17 Jt,y/Jf'
Owners Signatu,e ~)~~ Date f¥9,,2
Applicant must have all _submittals into the City Office 25 days before the Planning Commission meeting. Planning Commission meetings
are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission
and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your
place and to advise the Building & Zoning Office of this change prio ~eet;~~ ~~
~ l~ ,,,. _., ?~
l.'l.:l""'~l'-11 ~ t,, .. ,:,::::~~= ~
=w ~,o , 84)
-~ (4)
fV)
N
\
N"' --I (2l
~ {3)
01
OG -t l7 -2 s -3 /
--I
C"'
~
I
I'--I
~
" ~11.79
~1 ;.!
i
i~
I ~~
.z..;.Li ..
• ~ ,~: )~'.:i
~
-..
RUN DUE 00/20/97
BATCH 5llt
PROP ADDR
OWNER NAME .
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
O~lNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP AllDR
O~NER NAME
TAXPAYER .
, NAME/ADDR
PROP ADDR
01-lNER NAME
TAXPAYER
NAME/AODR
38 06-117-23 11 0004
04050 BAYSIDE Im
G & M .CONNELL
GARY D CONNELL
ft050 BAYSIDE RD
.MAPLE PLAIN MN 55359
38 06-117-23 12 0005
. 00038 .. ADDRESS UNASSIGNED
H·F & E KNAPP
HILLIAM -F· & EVELYN KNAPP
85 CRISTOFORI CIR
MAPLE PLAIN MN 55359
38 . 06-117-23 13 0003
00038 ADDRESS UNASSIGNED
VEDA INC
VEDA INC
PO BOX 375
LONG LAKE MN 55356
38 06-117-23 14 0022
04045 BAYSIDE RD
H & L BOON
HENRICUS ·C & CORNELIA A BOON
lf0ff5 BAYSIDE RD
ORONO MN 55359
38 06-117~23 14 0026
00038 ADDRESS UNASSIGNED
M NICHOLAS BURKE ET AL
M NICHOLAS BURKE
4105 BAYSIDE RD
0110NO MN 55359
38 06-117-23 . 21 0007
04461 BAYSIDE RD
MS JOHNSON & PP JOHNSON
MARK & PATRICIA JOl lNSON
ft455 BAYSIDE RD
MAPLE PLA.IN MN 55359
HEMtlEPIN COUMTY PROPERTY INFORMATION SYSTEM
PROPERTY Ol~NERS LIST
38 06~117-23 12 0001
04360 ·BAYSIDE .RD
J A OLSON & PE OLSON
,JAMES A OLSON
4360 BAYSIDE RD
.MAPLE PLAIN MN 55359
38 06-117-23 12 0006 .
00038 ADDRESS UNASSIGNED
l'IILLIAM F KNAPP
CITY OF ORONO
1335 BROl'lN RD S
BOX 66
CRYSTAL BAY MN 55323
38 , 06-117-23 14 0008
00038 ADDRESS UNASSIGNED
ALLAN E REZABEK ET Al.
ALLAN & SllIRLEY REZABEK .
C►l85 BAYSIDE RD
MAPLE PLAIN MN 55359 .
38 06-117-23 14 0023
04105 BAYSIDE RD
M N BURKE/S K SLATTERY~BURl<E
MN BURKE/SK SLAlTERY-DURKE
4105 BAYSIDE RD
MAPLE PLAIN MN 55359
38 06··117-23 21 0002
. 0445!:i BAYSIDE RD
M & P. JOHNSON .
MAHK s .& PATRICIA P JOHNSON
4ft5.5 BAYSIDE RD
MAPLE PLAIN MN 55359
38 06-117-23 21 0008
00038 ADDRESS UNASSIGi~ED
MS JOHNSON .& PP JOIINSON
MAr~K & PATRICIA JOHNSON
4455 BAYSIDE RD
MAPLE PLAIN MN 55359
REPORT NO. PI435401
PAGE 26
'. 38 06-117-23 12 0004 ·
00038 ADDRESS UNASSIGNED
HF & E KNAPP
WILLIAM F &EVELYN KNAPP
85 CRISTOFORI CIR
MAPLE P!-AIN MN 55359
38 06-117-23 13 0001
04245 BAYSIDE RD
AVIS N l'IHITE
AVIS N l'IHITE
PO BOX 375
LONG . LAKE Ml~ 55356
.38 06-117-23 14 0014
04080 BAYSIDE RD
M J & MM HARRHIGTON
MARK & MONICA HARRINGTON
4080 BAYSIDE RD
MAPLE PLAIN MN . 553.59
38 06-117-23 14 0024
04125 BAYSIDE RD
M NICHOLAS BURKE Et AL
M NICHOLAS BURKE
4105 BAYSIDE RD
CJRONO MN 55359
. 38 06-117-23 21 0006
04465 . BAYSIDE RD
BRENT . & SHIANN JOHNSON
BRENT ·& SHIANN JOIINSON
4465 BAYSIDE RD
MAPLE PLAIN MN . 55359
·38 06-111-23 24 0001 ;
00215 . NORTH flR~1 LA
CA PASS Et AL TRUSTEES
CAROL ANN PA$$
2536 18TH AVES
MP LS I IN . 554.04,
...... ·~\
·,x,..}V
\tt:
\
-"'
RUN DATE 08/20/97
BATCH 514
PROP ADDR
OMNER NAME
TAXPAYER
NAME/AD DR
PROP ADDR
0l1NER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
Ol~NER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OMNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
ONNER NAME
TAXPJIYER
NAME/ADDR
PROP ADDR
O~INER NAME
TAXPAYER
NAME/ADDR
38 06-117-23 24 0008
00370 NORTI! AnM LA
R &·fl SMITH
ROSCOE S & HARRIET C SMITH
370 NORTH ARM LANE
MOUND MN 55364
38 06-117-23 24 0014
00350 NORTH ARM LA
JOH M PENDLETON
JON M PENDLETON
350 NOlffli ARM LA
MOUND MN 55364
38 06-117-23 42 0006
00030 ADORCSS UI-.JASSIGNED
VICTORIA ESTATES HOMEONNERS
VICTORIA ESTATES HOMEOrlNERS
C/0 THOMAS MAZER
560 NORTH ARM OR
MOUND MN 55364
38 31-118-23 43 0009
00038 ADDRESS UNASSIGNED
CITY OF ORONO
CITY OF ORONO
PO BOX 66
CRYSTAL BAY MN 55323
38 31-118-23 43 0015
00038. ADDRESS UNASSIGNED
HF & E KNAPP
HILLIAM F & EVELYN KNAPP
85 CRISTOFORI CIR
.MAPLE PLAIN MN 55359
38 31-118-23 4.4 0004
00050 CRISTOF,ORI CIR
KENDRICK B MELROSE
KENDRICK B MELROSE
50 CRISTOFORI CIR
MAPLE PLAIN MN 55359
HENNEPIN COUNTY PROPERTY J:NFORMATION SYSTEM
PROPER rY Ol'lNERS LIST
38 06-117-23 24 0012
00360 NORTH ARM LA
RD BACKERUO & D S BACKERUD
RODNEY D & DIANE S BACKERUll
360 ARM LN N
MOUND MN 55364
38 06-117-23 31 0004
00f♦60 NORTH ARM OR
.T J & SJ HANNER
THOMAS J & SUSAN J WANNER
460 N ARM DR
MOUND MN 55364
38 06-117-23 42 0007
00038 ADDRESS UNASSIGNED
VICTORIA ESTATES IIOMEO~!NERS
VICTORIA ESTATES HOMEOJ!lNERS
C/0 THOMAS MAZER
560 NORTH ARM DR
MOUND MN 55364
38 31-118-23 43 0012
00045 CRISTO.FOR! CIR
D H & L N DUNCAN ·"
DAVID H & LYNDA N DUNCAN
6576 REGENCY LA
EDEN PRAIRIE Ml~ 55344
38 31-118-23 43 0016
00038 ADDRESS UNASSIGNED,
l'IILLIAM F KNAPP
CITY OF ORONO
1335 BRONN RDS
BOX 66
CRYSTAL BAY MN 5.5323
TOTAL BATCH 514 00034
IU:PORT NO. PI435401
PAGE 27
la 06-117-23 24 0013
00340 NORTH AllM I.A
JAl1ES R & ADRIENNE M NEILSON
JAMES R NEILSON
340· NORTH ARM I.A
MOUNO MN .5.536<~
38 06-117-23 31 0005
00520 NORTH ARM OR
TIMOTHY PELLIZZER
TIMOTHY PELLIZZER
520 NORTH ARM DR
MOUND ~IN 55364
38 31-118-23 34 0012
04440 BAYSIDE RD
QC GMINKIN &.J A·CAMERON
Q G MINKIN & J A CAMERON
4440 BAYSIDE RD
MAPLE PLAIN MN 55359
38 31-118-23 43 0013
00085 CRISTOFORI CIR
HF & E KNAPP
HILLIAM F & EVELYN KNAPP
85 CRISTOFORI CIR
MAPLE PLAIN MN 55359
38 31-J.16··23 ,g 0017
00038 ADDRESS UNASSIGNED
H F & E l<.tlAPP
NILLIAM F & EVELYN KNAPP
85 CRISTOFORI CIR
MAPLE PLAIN MN 55359
ROLL
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 15, 1997
c-1 ----·
The Orono Planning Commission met on the above date with the following members present: Chair
Dale Lindquist, Charles Schroeder, Sandra Smith, Janice Berg, Elizabeth Hawn, William Stoddard,
and Lili McMillan. The following represented the City Staff: Senior Planning Coordinator Michael
Ga:ffron, Public Services Director Greg Gappa, City Planner Elizabeth Van Zomeren, Planning Intern
Brad Bressler, and Recorder Sherry Frost. Mayor Jabbour and Council Members Goetten and Flint
were present. Chair Lindquist called the meeting to order at 7:02 p.m.
SCHEDULED PUBLIC HEARINGS/PUBLIC INFORMATION REVIEWS
(#1) #2286 STEVE WHITE, 4355 BAYSIDE ROAD, CLASS I METES AND BOUNDS
SUBDIVISION -PUBLIC HEARING 7:02-7:13 P.M.
The Affidavit of Publication and Certificate of Mailing were noted.
The Applicant was present.
Ga:ffron reported that the application is for a Class I subdivision of 55 acres . The northern portion
is in the RR-IA, 5 acre, Zoning District. The southern portion is in the RRlB , 2 acre, and LR-IA,
2 acre lakeshore, Zoning Districts. This existing single tax parcel has property located on both sides
of Bayside Road and is proposed to be subdivided into two lots , each including area on both side of
the road. Lot A would have 18.8 acres of dry buildable. Lot B , which is 29 .1 acres, contains the
existing house, and will have 23.5 acres of dry buildable. Gaffron indicated that the attorneys for
the city and applicant have agreed that the subdivision is a Class I, metes and bounds division, and
therefore, the property is not required to be platted and is not subject to park dedication.
Ga:ffron recommended the property line be moved easterly for Lot A as the portion north of Bayside
Road as proposed is less than 5 acres. There is a small wetland located to the east, north of Bayside
Road, which will require a Conservation arid Flowage easement, as well as wetlands on the south
side abutting Lake Minnetonka via the channel. A concern was voiced that depending on where the
929 .4 lake elevation is located, the property could be considered a lakeshore lot. If so, parcels A and
B would not meet a 500' width measured at the shoreline and at the 75' setback. Due to this, the
Staff and City Attorney have concluded that this split is not exempt from subdivision regulations but
must be at least considered a Class I Subdivision. The 2 acre minimum is met by the portion of
Parcels A and B south of Bayside, and Gaffron noted that the property could be further subdivided
in the future.
1
/
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 15, 1997
(#1 -#2286 Steve White -Continued)
Gaffron requested the applicant show the 929.4 contour on the survey. Parcel A includes a barn and
out buildings that will have to be removed. Gaffron recommended the removals occur within six
months of the subdivision approval. Septic system testing has taken place. The existing house
meets all setback requirements.
Gaffron reviewed the issues for discussion as noted in the packet.
The applicant had no further comments to add at this time.
Lindquist asked White if he was willing to move the lot line to accommodate parcel A having at least
5 acres of dry buildable. White said he would as it was his intent to have equal sized parcels. He
informed Smith that this was the primary reason for how the property was being split.
There were no public comments.
White informed Lindquist that he understood and accepted the Staff recommendations 1-8 as noted
in the packet.
Smith was told that it was White's intention to construct a home on the second parcel with no further
subdivision.
McMillan questioned the amount of roadway. Gaffron said Staff is recommending 66' instead of
80' as needed according to the Comprehensive Plan as no County trail is planned. He noted the
County's standards are different than those in Orono's Comprehensive Plan.
Schroeder moved, Smith seconded, to approve Application #2286 with Recommendations #1-8 as
listed on pages 3 and 4 of the Staff memo. Vote: Ayes 7, Nays 0.
(Agenda item #2 follows Action Item #5.)
(#5) #2279 AND #2280 MARC AND TRACY WHITEHEAD, 1220 LYMAN A VENUE,
SUBDMSION -CONTINUATION OF PUBLIC HEARING 7:13-8:00 P.M.
The Applicant was represented by Attorney, John Winston, and Surveyor, Walter Gregory. Mr.
Whitehead arrived during the application discussion.
2
MINUTES OF THE REGULAR ORONO CITY COUNCIL
MEETING HELD ON OCTOBER 13, 1997
(#4 -#2212 Sidney Rebers -Continued)
Jabbour told Wear that his access would not be closed without providing an access
elsewhere. Wear indicated that the easement would protect both himself and the City
and should be done at this time.
Jabbour asked Council to comment.
Goetten said she did not believe the Council could ask the adjoining property owner to
provide this easement. She supported the plan as proposed as there were no plans to
close the Hwy 12 access.
Kelley concurred with Goetten.
Flint said he thought Wear was adequately protected as he currently has an access and it
cannot be taken away from him.
Barrett said an access cannot be eliminated causing a parcel to become landlocked
without providing alternative access.
Jabbour suggested Wear obtain a copy of the minutes of the meeting for his records.
Kelley moved, Goetten seconded, to adopt Resolution #3972 granting preliminary
approval of a Class II subdivision for property located at 2190 Wayzata Boulevard.
Flint asked for and received clarification of the location and purpose of Outlots A and D.
Vote: Ayes 5; Nays 0.
(*#5) #2286 STEVE WHITE, 4355 BAYSIDE ROAD -CLASS I SUBDMSION -.
RESOLUTION NO. 3973
Goetten moved, Flint seconded, to adopt Resolution No. 3973 approving a 2-lot metes
and bounds Class I subdivision for Steve White at 4355 Bayside Road. Vote: Ayes 5,
Nays 0.
(#6) #2287 TRACI AND BRADLEY PETERSON, 1770 SHADYWOOD ROAD -
VARIANCES -RESOLUTION NO. 3974
Bradley Peterson was present.
4
ill
PROPOSED LOT DIVISION
CERTIFICATE OF SURVEY FOR
WHITE STEVE
IN THE NE 1/4 OF SECTION 6-117-23
HENNEPIN CQUNTY, MINNESOTA
. ill of the. I.eat. half of •Ule
Northeast. quarter of Section 6, To,1.1n-
5th ?rind,R,1 tt:iridian, EXCEPT that ;ia;!1
fh!;Z'0 ~~~::·~r~be1\:\~~;";~ th
e
Beginning at the Northvest corner ·of the Northeast qt1&.rter of as.id Section 6
thence East alonf the North line of said Northeast ql:llrter 11. distance 0 r 51£.'
feet; thence South 21030 1 , West (assuming said North lfoe as beering East.) 11
diet.a.nee of 589 feet to the centerline of the County Road JJhich extends across
Mid Northeast quarter; thence Northvesterly along the centerline of saiC Co\ll":t
Road to the West linP-of said Northeast [!uarter; thence. Northerly along said' ·
\JeSt. line to (X)int of beginning, accordJng to the Unite◊ Ste.tu Government Surve
thereof, Hennepin County, Minnesota j ALSO EXCEPT that ::fl rt of the \./eat half of
the Northea:Jt quarter of said Section 6 described as foilow8 : Beginning at tha
Southeast corner of the West half of the Northeast quarttir; thence· on an aasUIDed
bearing of North alonr the East line of said We.st half of' the Northeut q\arter
distance of 116?.98 feet; thence on a bearing of West a ~.istance of 51J 35 fe t·
6
tten!?e South 39017' 30" West a distance of 280.05 feet; ttence South u 056, i.o/ w; ..
11 f istance of 345 • 2J feet; thence. So\1~herly to the soutl.weat corner of th; &aat ~
~/ o\ the Wde!!t half of ea.id Northeast quarter; thence Easterly along the Scutt
ne o · sai Northeast quarter to point of beginningj LLSO EXCEPI' that µ,.rt of· t~ Northvest quarter of the Northeast quarter of said Section 6 describt-d u
0 ovs:. Beginning at the Northwest corner of said No1·thea.st quarter· thence
F.ast along the Northerly line of SB.id section a distar.c::. of 514 feet' to actual
~!n~e~~e~~1:n~?~o::~nc:c,::n_ect1.n~ right 117°)0 1 a distan~e of 589 feet to
li Y Ko. 84, thence deflectir,g left along saici center
f ne a distance of 180 feet; thence deflecting left e1°19, e. dist.a.nee of' 662 ti
/et to a point on the North line ~f a&id Section 6;!.ccated 216.55 feet. Ea.fit..
2i6 the point of beginning; thence \ieat along-said No:th line a distance of
.55 feet to ?Oint of beginning {For purposes of t~.ia survey J two points ot.
the centerline of traveJ., distant 18( feet ape.rt, have been
aesumed to -mrk the ab:>ve-described ceni.erhl'le boundery);
Proposed Legal Description
A. 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 W:"!sterty of the foftowing .
described line: Beginning at the northwest comer of the Hortheast Quarter of said
Sections· thence on an assumed bearing of East along c,e north line of said Northeast
Quarter a1distance of 1104 feet to the point of beginning of the line being described;
thence South 22 degrees 30 minutes West a distance of 1260.oq feet; thence South 41
degrees West a dtstance of 250.00 feet; thence South 1S degrees ~est a dist~nce of
443.00 feet; thente'on a bearing of South to the south line of said Northeast Quarter and
said line1here ending,
EXCEPT that part thereof described as follows: Beginning at the Northwest come-, of
said Northeast Quarter; thence on an assumed bearing <If East along the North line of
aaki Northeast Quarter I distance of 514 feet; thence South 27 degrees 30 minutes
West a distance of 589 feet to the centerfine of the Cour.ty 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 Northertv along said West line to the
point of beginning.
ALSO EXCEPT that part of said Northeast Quarter of s,Jction 6 described as follows:
Beginning at the Northwest comer 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 distan,:e_of 569feet to the centertine of
County Road No. 64; thence deflecting Saft along said ennter1ine a distance of 160 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 1>oint of beginning.
B. That part of the W.est Half of the Northeast Quarter of Section 6, Township 117 North,
Range 23 West of the 5th Principal Meridian which lies Easterty of the following
• described line: Beginning at the northwest comer of the Northeast Quarter of said
Section 6; thence on an assumed bearing of East alon, the north line of said Northeast
Querier a distance of 1104 feet to the point of beginnh>J of the One being described;
thence South 22 degrees 30 minutes West a distance cl 1280.00 feet; thence South ◄ 1
deg Ms West a distance of 250.00 feet; thence South ~9 degrees West a distance of
«3.00 fee~ thence on a bearing of South to the IOuth Uno of aald Northeast Quarter and
aakl ffne there ~ndlng,
EXCEPT that part of the.West Half of the Northeast Quarter of said Sec:tion 6 described
as follows: Beginning st the Southeast ,.,mer of aald West Haff of tho Northel8t
Quarter; thence on an assumed bearing of North along tho East lino of uld West H■W of
the Northeast Quarter a distance of 1167.88 feet; thence on a beadng of Weot a
distance of 513-35 feet; thence South 3g degrees 17 mi-30 _aeconcla Weot •
distance of 280.05 feet; thence South 11 degree■ 56 nllm1tea30 oecondll Weot a
distance of 345.23 feet; thence Southerly to the Southvloit comer of the Eeat Half of the
West Haff of aald Noltheast Quarter; thence Easterly along the South line of said
Northeast Quarter to the point of beginning.
REQUEST FOR COUNCIL ACTION
DATE: October 9, 1997
ITEM NO.: 5
Department Approval: Administrator Reviewed: Agenda Section:
Name Michael P . Gaffron Zoning
Title Senior Planning Coordinator
Item Description: #2286 Steve White, 4355 Bayside Road -Class I Subdivision -Resolution
Zoning District: RR-lA, 5 acre rural residential (north of Bayside Road)
RR-lB, 2 acre rural residential (south of Bayside Road, north of quarter
section line)
LR-lA, 2 acre lakeshore residential (south of quarter section line)
Summary of Request
Applicant proposes to split this 55 acre property into two parcels to create one additional building
site. Parcel A, the new building site, is proposed at 28.3 acres in total area of which 21.1 acres
is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of which 21.1 acres
is dry buildable.
List of Exhibits
A -Resolution
B -Notice of Planning Commission Action 9/16/97
C -Planning Commission Draft Minutes 9/15/97
D -Hennepin County Letter 9/15/97
E -Memo and Exhibits of 9/11/97
F -Revised Survey
Discussion
This subdivision is proposed by applicant in order to allow construction of a new residence on the
westerly half of the property. As detailed in the September 11th memo, the large size of the two
lots results in this being a Class I subdivision which does not require a plat and which is exempt
from park dedication.
Applicant initially proposed a slightly different location for the division line , but pursuant to
Planning Commission and staff recommendations, has slightly relocated it to maintain at least 5 .0
dry acres in the portion of each parcel located north of Bayside Road . This would allow the
future platting of the northerly portions of either the westerly parcel or the easterly parcel into
Request for Council Action continued
Page 2 of 3
October 9, 1997
Zoning File #2286
conforming sized lots at some future date without having to involve a lot line rearrangement.
Each of the two lots to be created contains land on both sides of Bayside Road. The land to the
north side of Bayside in each lot will not be separately buildable until some future date at which
it is platted.
On the south side of Bayside Road each of the two parcels contains more than adequate area and
width to meet the RR-lB standards for individual building sites, and each of these tracts has the
potential to be platted for 2 acre building sites in the future. Note that Parcels A and B are both
considered as lakeshore lots due to the location of the 929 .4 contour line as noted on the revised
survey. Applicant should be advised that any future request to construct a walkway structure to
the actual shoreline through the wetland will require City approval.
There are defined City wetlands on the property over which applicant has agreed to grant the City
Conservation & Flowage Easements. Applicant also has agreed to grant to the County a road
easement over the 66' right-of-way. The County has requested an 80' easement, however, the
Orono Comprehensive Plan defines only a 66' right-of-way for this County road, and Bayside
Road does not contain a proposed County bikeway according to the County trail plan.
Septic testing has been provided confirming that primary and alternate drainfield sites are available
for construction of a new residence in Parcel A. The existing barn and outbuildings on Parcel A
will be removed by the applicant in the near future.
Planning Commission Recommendation
At the September 15th meeting, Planning Commission voted 7-0 for approval of the proposed
Class I subdivision subject to conditions 1-8 of the September 11th staff memo.
Staff Recommendation
Staff recommends approval of the proposed metes and bounds Class I subdivision with the
following conditions of approval:
1. Move the lot line so that the portion of Parcel A north of Bayside Road contains
at least 5 acres dry buildable (this has been completed).
2. Applicant to grant Conservation & Flowage Easements over the large wetland at
the south end of the property, as well as over the smaller wetland in Parcel B north
of the road. Applicant shall provide legal descriptions for such easements.
Request for Council Action continued
Page 3 of 3
October 9, 1997
Zoning File #2286
3. The barn and other outbuildings on Parcel A shall be removed within 6 months of
subdivision approval, based on the dilapidated nature of those structures.
4. Applicant shall grant to Hennepin County a 66' road, drainage and utility easement
for the right-of-way of Bayside Road within the boundaries of the property.
5. Because this is a Class I subdivision, the subdivision is not subject to park
dedication.
6. Applicant shall provide evidence that Hennepin County has approved suitable
locations for an access driveway to both parcels (this has been completed).
7. Applicant shall have his surveyor define the 929.4 contour to confirm the lakeshore
status of both Parcels A and B (this has been completed, both are lakeshore lots).
8. Applicant is advised that the portions of Parcels A and B north of Bayside Road
are not separately buildable, and any future proposal to construct accessory
structures on those portions will be subject to further City review and approval.
COUNCIL ACTION REQUESTED:
Adopt the attached resolution approving a 2-lot metes and bounds Class I subdivision for Steve
White at 4355 Bayside Road.
ch
Hennepin County
A n Equal Opp ortuni ty Em ployer
September 15 , 1997
Mr . Mike Gaffron
City of Orono
P. 0. Box 66
Crystal Bay , MN 55323
Re: Steve White Subdivision , CSAH 84
Mike:
,S Et 1 7,, 1997;
As we discussed , the applicant should provide , via easement or dedication ,
an 80-foot corridor along this segment of County State Aid Highway (CSAH)
84 (40 feet from and parallel with the existing centerline). This action
will accommodate any future upgrading and provide for utility installations
that are expanding regularly .
Access will be limited to one per site . However , none will be permitted
along the westerly 300 feet on the south side of CSAH 84 due to the limited
sight distance through the "S" curve.
Thanks for the timely opportunity to review this proposal , and please call
with further questions or discussion .
~
David K. Zetterstrom ,
Transportation Planning
DKZ :mvr
Department of Public Works
320 Was hington Aven ue South
Hopkins, Minnesota 55343-8 496
(6 12)93 0-25 00 FAX :(612 )930-2513 T DD:(6 12)93 0-2696
Recycled Paper
TO: Chair Lindquist and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM: Michael P. Gaffron, Senior Planning Coordinator
DATE: September 11, 1997
I .
SUBJECT: #2286 Steve White, 4355 Bayside Road -Class I Subdivision -Public Hearing
Zoning District:
Summary of Request
RR-lA, 5 acre Rural Residential (north of Bayside Road).
RR-lB, 2 acre Rural Residential (south of Bayside, north of 1/4 section line).
LR-lA, 2 acre Lakeshore Residential (south of 1/4 section line).
Applicant proposes to split this 5 5 acre property into two parcels to create one additional building
site. Parcel A, the building site, will be 26.0 acres in total area of which 18.8 acres is dry buildable.
Parcel B, with the existing house, will be 29.1 acres in area of which 23.5 acres is dry buildable.
List of Exhibits
A -Application
B -Plat Map
C -Property Owners List
D -Survey
E -Subdivision Code Excerpts
F -Park Fee Ordinance Excerpt
G -Site Evaluation Information
Class I Subdivision Status
This proposal follows lengthy discussions over a period of months between City and the applicant
regarding its subdivision classification status. Staff initially concluded that a plat was required due
to unusual factors including:
this is a single tax parcel bisected by a County Road;
the road effectively creates separate parcels on the north and south sides of it, and for
zoning code compliance purposes the right-of-way boundary acts as a lot line;
the road has never been formally dedicated in a plat;
wetlands exist on the . property and should be protected via the granting of
Conservation and Flowage Easements.
However, after discussions with the City Attorney, staff has allowed this to proceed as a Class I
subdivision because it meets the basic definition of a Class I subdivision, i.e. "the subdivision results
in no more than two buildable lots where each resulting lot meets or exceeds 5 acres of land, and
each lot has at least 300' of frontage on a public roadway which has been accepted and opened by
Zoning File #2286
September 11, 1997
Page2
the City ... and where no flexible zoning application or extension of municipal utilities is involved".
Flexible zoning includes special or conditional use permits, variances, PUDs, and rezoning, none
of which apply to the proposed subdivision.
The applicant originally suggested that this lot split should be exempt from the subdivision process
because the definition of subdivision exempts those separations "where all the resulting parcels,
tracts, lots, or interests will be 20 acres or larger in size and 500' in width for residential uses ... "
However, it appears to staff that the wetlands at the south end of the property are likely at the OHW
of Lake Minnetonka (although the 929.4 contour is not shown) and this may in fact be lakeshore
property. Assuming it is, the lot width is measured at the shoreline and at the 75' setback, and
neither Parcels A nor B meet a 500' width at those locations. Therefore, staff and the City Attorney
have concluded that this split is not exempt but must at least be considered a Class I subdivision.
Class I Subdivision Exempt from Park Dedication
The City's park dedication ordinance, Section 11.62, applies only to Class II and III subdivisions
based on the title of Section 11.62 "Parks and Playgrounds, Class II and III Subdivisions."
Therefore, this proposal is not subject to a park fee at this time. If the property is further divided in
the future via a Class II or III subdivision, park dedication would be required.
Merits of Proposed Division
The subdivision as proposed is potentially troublesome because the land north of Bayside Road is
zoned for 5 acre lot area minimum, but the proposed dividing line leaves a 4.7 acre tract north of
Bayside in Parcel A and a 7.8 acre tract in Parcel B. The westerly tract would be substandard (and
the City would likely be requested to grant a lot area variance) if that tract was ever proposed to be
platted as an individual building site in the future. The City should not place itself or the property
owner in the position of needing variances for future use of this property under current zoning.
Therefore, as a minimum the lot line should be moved to the east to make sure that there is at least
5 acres in the westerly tract Applicant would be well-advised to have a wetland determination
completed in the southwest portion of that tract, and add acreage to ensure 5 acres of dry buildable.
In the easterly parcel north of Bayside, a 0.3 acre wetland exists and staff would request that this
wetland shown on City and NWI maps be the subject of a Conservation and Flowage Easement.
On the south side of Bayside, each of the two parcels contains more than adequate area and width
to meet the RR-lB standards for individual building sites. Each of these tracts has the potential to
be platted for 2 acre building sites in the future.
Based on available maps and air photos, Parcel A is technically a lakeshore lot and subject to the
Zoning File #2286
September 11, 1997
Page 3
pertinent ordinances. Parcel Bis likely a lakeshore lot; however, the lack of a 929.4' contour line
on the survey makes this difficult to confirm. Note that the existing detached garage on Parcel B was
approved on the basis that the entire 55-acre parcel abutted the shoreline. If the proposed dividing
line makes Parcel B no longer abut the lakeshore, then the detached garage on Parcel B will become
non-conforming. Applicant should have the 929.4' contour confirmed prior to final Council action.
Existing Buildings on Parcel A
Applicant has advised staff that the barn and other out buildings located in the northwest corner of
Parcel A south of Bayside Road will be removed. Applicant proposes to construct a new home on
Parcel A in the near future.
Site Evaluation Completed
Applicant has provided information confirming that primary and alternate drainfield sites are
available in Parcel A for construction of a new residence.
Issues for Discussion
1. How soon should the existing farm buildings be removed from Parcel A? Note that the barn
is about 2,000 s.f., and the other buildings are each less than 1,000 s.f. All are in poor
condition, and applicant has indicated he will remove them.
2. The applicant should be required to grant Conservation and Flowage Easements over the
major wetland at the south end of the property, and over the smaller wetland north of
Bayside Road in Parcel B.
3. The applicant should be required to formally grant to Hennepin County a road easement over
the 66' Bayside Road segment traversing the property, which has never been formally platted
Orono's Comprehensive Plan indicates Bayside is a 'collector' road with a required width of
66'. Hennepin County staff have been asked to comment on this.
4. Are there any other issues for discussion identified by Planning Commission?
Staff Recommendation
Staff recommends approval of the proposed metes and bounds Class I subdivision with the following
conditions of approval:
1. Move the lot line so that the portion of Parcel A north of Bayside Road is at least 5 acres dry
buildable.
Zoning File #2286
September 11, 1997
Page4
2. Applicant to grant Conservation and Flowage Easements over the large wetland at the south
end of the property, as well as over the smaller wetland in Parcel B north of the road.
Applicant shall provide legal descriptions for such easements.
3. The barn and other out buildings on Parcel A shall be removed witJ ~ months of subdivision
approval, based on the dilapidated nature of those structures.
4. Subject to Hennepin County Public Works review, applicant to grant the County an easement
for the 66' ofright-of-way for Bayside Road within the boundaries of the property.
5. Because this is a Class I subdivision, the subdivision is not subject to park dedication.
6. Prior to final Council action on the subdivision, applicant shall provide evidence that
Hennepin County Public Works has approved suitable locations for an access driveway on
Parcel A on both sides of Bayside Road, as well as for the portion of Parcel B on the north
side of Bayside Road.
7. Applicant must have his surveyor define the 929 .4 contour on the property prior to final
Council action on this subdivision, to confirm the lakeshore lot status of both Parcels A and
B.
8. Applicant is advised that the portions of Parcels A and B north of Bayside Road are not
separately buildable, and any future proposal to construct accessory structures on those
portions will be subject to further City review and approval.
Options for Action
1. Approve per staff recommendation.
2. Approve with revised conditions.
3. Table for further information.
4. Recommend denial (state reasons).
5. Other.
ch
September 10, 1997
_,__. Steve White
VCI Capital
P.O. Box 375
Long Lake, Mn. 55356
Swedlund
Septic
Service
Re: Septic System Sites at 4355 Bayside Road,
Maple Plain
Two treatment areas have been located at the above
mentioned property address (see attached). Both
sites will require mound septic systems. Both
areas have a 3% slope and appear to be old pasture
or feed lot areas. Grasses in the area are con-
sistent and seem to be undisturbed. Colors do
vary in the Munsell Book but is probably due to
animal usage over a long period of time. The
house location and size are not determined at
this time, although there is a large area to
work with. A completedi{l.esign will be required
before building can beg1h.
Thank You,
Jeff Swedlund
Swedlund Septic Service • 9520 Laketown Road • Chaska, MN 55318 • 442-5855
::>j,
1
STATE CERTIFIED et<=
j,
I
I: ii
ii
11
1: ,I
l[
11:
.llt
I
,11:
1,
"
!i
·,1
!1
II' !l
ii
11:
i
·1.' I' I'
,!:
\
I/ ') /1 , , I I
I I ,
I I
I I
I I
' I
I I
I I I
I I
' . ' ' ' \ i r I r
', , , / . r I' , I
I I I I I
I :!l ! I
[ ,.__
,'X
~· '-:"·,
.. \· I
:f\. ''"····
~. :_:. t·. ...
.. \ ' ·. \
I
I \.
t
' ' ... ,. ~
~ ' ...
I I \ ·I --~' ... ,·,.~, . ill
.,
I
·'' . \
'
; 1'i :r... !:t:,
-,. ~ ~
' . 'c.
' \
~
'
' ·,
·\
\
\
'800-00-~E ?t:~.r . .?s ~
' ' I
' \~
I
?\
' ...
~ ...
~
:--.
\
-.:
I
\
I
' ....
\
I
\
\·\.·,
I \'
I
', ,. --JJ~.--
\' I
... ~---'
I
I
I
' I
\
\
I
\
□
' ''·□ I ' .
. \ .
~~ I;;J --/ _,.----::--:..-c3
I ~ -------
\
I I ' , -' ·· _ :::----. '--.. I ,_ , --...... ~ -
I -''-..,
JD
I <".>~\,--.• . ' • -..._ '..,
' ' . ,, '
I '
I ~ I ' ~ \ <l
\ \
\ \
' l
--.:___
I ~' '<> : ~ ~~~
I -,'~
\
l
I
I ' ' I · r
I
'
,
I
~ . ' t
I
I
I
I
' I :;\ ,,,. ( ...
,
/
I
I.
• I
;
I
f
I
r
I
, ,..
.; ,,
I •
./.· ,,
I
,' ./
/. /·
/ /
/
, /
,
I
I
/
1' /
/ I
I /
I I
r
...
,,(-
I
I
I
I
I
/. I
I
/
,
/
/
/
/
/
/ '· I
/
/
/
/
V
/
/
I
I
I
/
I I
,
I I /
/
,,.
I , I / /
,
I ;fl
I ~/ I (/1
,.;~-';IY_ I ,· I ;': :,:,ff ·I I
fi".: I
I
I I
i,;-I I
/ (' I
/ / ,'
I .✓
I I
I I \ I I
,.
I I
\
'i\
~
I
\
I
I
I
,·. '.
I •
··.1··· ,. . ,
,.
/ I I
.,·
,.,..,.--
/ -,. ,. -,Ji!,'<
/ --~J,0Y-,. ,. ,.If'-'
/
-~ .-
/
.,
" !J
I
I
I
\
I
I :
\
\
/
/ .,
·"'
/
/ --
I
I
--
I
---lrol-.
,
/
!
10,~
'" ~7
"'
. .
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 7 ~
A RESOLUTION APPROVING
A lVIETES AND BOUNDS CLASS I SUBDIVISION
OF PROPERTY LOCATED AT 4355 BAYSIDE ROAD
FILE NO. 2286
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted subdivision regulations for the orderly, economic arid safe development of land within the
City; and
WHEREAS, the City Council has considered the application for a 2-lot Class I metes
and bounds subdivision by Steve White and VCI Capital , Inc. (hereinafter "the subdividers") of
property located at 4355 Bayside Road and legally described in the survey attached hereto as Exhibit
A (hereinafter "the property"); and
WHEREAS, the subdividers have completed all requirements of the City for a 2-lot
metes and bounds Class I subdivision of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Orono hereby approves the 2-lot metes and bounds Class I subdivision for the subdividers as shown
on the Certificate of Survey by Mark S. Gronberg, a licensed surveyor of Coffin and Gronberg, Inc.,
dated August 19, 1997, revised October 6, 1997 and attached to this resolution as Exhibit A, subject
to the following conditions:
1. The subdividers shall grant Conservation and Flowage Easements to the City over
the wetlands shown on the attached survey. The subdividers shall provide legal
descriptions for said easements.
2 . The subdividers shall grant to Hennepin County a 66' road, drainage and utility
easement over the portions of County Road 84 (Bayside Road) shown on the attached
survey. The subdividers shall provide a legal description for said easements.
3. The existing barn and other outbuildings on Parcel A shall be removed within 6
months of subdivision approval.
Page 1 of 2
F -
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 7 3
4. As a Class I subdivision, this subdivision is not subject to Park Dedication.
5. The subdivider is advised that the portions of Parcels A and B north of Bayside Road
are not separately buildable , and any future proposal to construct accessory structures
on those portions will be subject to further City review and approval.
6. Applicant shall provide confirmation of legal ownership of the property via title
opinion or other form satisfactory to the City Attorney before the subdivision will be
released for filing.
7. The aforesaid division shown on the attached Certificate of Survey and the aforesaid
easements shall be filed by the City of Orono with either the Hennepin County
Recorder's Office or Registrar of Titles Office on or before April 13, 1998 together
with a certified original copy of this resolution. The approval granted by this
resolution shall expire if the division has not been filed by the date specified above.
In that event, it will be necessary to file a new application with the City of Orono for
subdivision review.
Adopted by the City Council of Orono, Minnesota this 13th day of October, 1997.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of October, 1997
by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on ehalf of the City.
tnkl~
LINDAS. VEE
NOTARY PUBLIC-MINNES OTA
HENNEPIN COUNTY
My Commiss io n Expires Jan . 31, 2000
"""
Notary Public
Page 2 of2
PROPOSED LOT DNISION
CERTIFICATE OF
STEVE
SURVEY FOR
WHITE
IN THE NE 1 / 4 OF SECTION 6-117-23
MINNE?OTA HENNEPIN COUNTY,
,t.EGAL P£J'C~1Pf"lb,V . ill of the. I.est ha.lf or t.f}6
Northeast q~rter of Section 6, Town-
5th !"rinci;:n.l ~ridian, EXCEPI' thet ;ia:~1
fh!;:Z0~~~;:~r~be~\!J f~~!"'~~ th
e
Beginning st the Northwest corner bf the Northeast :;:.tarter of aaid Sec~ion 6
thence Ee.st alonf the North line of said Northeast (1uarter 8 distance of 511.;
feet; thence South 2?0JO' West (aseuming said North .Line as bearing East) a
dis~nce of 589 feet to the centerline of t~e County Road "'hich ext.ends acros~
said Northeast quarter; thence Northve!lterly along ttu centerline of saiC Cour.;
WRo~d i~ t~ 'we~t li~f! of said Northeast 0:uarter; thenc.e Northerly along said .,
t~s /e H ?:> nt O beginning, accord.inf to the Unitfd Stet.es Government Surve
ereo • eMepin CoWlty, Minnesota i ALSO EXCEPT that ;~rt of the Yest half of
the Northeast qusrter of said Section 6 described as follovs: &eginning at the
Southeut corner of the \.lest half of the Northeast quer1er; thence· on an aaaumed
bearing of North alonr the East l.1.ne of said West. half c,f the Norths t :rte
dbtance of 116?.98 feet; thence one bearing of West a distance of ~~J jf fee~·"
then~e South J9"17 1 J011 Weet a distance of 280.05 feet; thence sout.h uo56•':I.O" w~.
~tJst;n~~ 0 ~ J~\/fffeet; thence_So4t,_herly to the Southveat corner of th; Eaat-
11 ° f e es 8 of eaid Northeast quarteri thenc.E Easterly along the Soutt
ne o said Northeast quarter to point of beginning; ALSO EICEFT that rt of·
the Northveat quarter of the Northeast quarter of aaic Section 6 deecri{:d u
folldvs: • Beginning at the Northveet corner of said Ncrthea.st quarter· thence
Ee 5t along the Northerly line of said section a distance of 514 feet' to actual
?)int of beginning; thence deflecting right n?°JO' a dist.an.cs of 589 f t to
the centerline of County Road Ito. 84; thence deflecting left 11.long saici e;enter
~in: 8 distance of 180 feet; thence deflecting left a1°191 a dist.a.nee o" 66:i 11
0
;\h;° a point on the North line ~f said Section 6;located 216.55 fee/ Ealit..
216 55 r'~\ of ~ginning; thence \oiest along said Ncrth line a di.stance cf
• ee O ?O nt of beginning (For purposes of this survey tvo points or:
the centerline of travel, distant lEO feet e.pa;t, hsve been ·
e.esumed to toark the above-described cen-i.erli"ne boundary) i
Proposed Legal Description
A. That part of the West Hatt of the Northeast Quarter of Section 6, Township 1'.7 North,
Range 23 West of the 5th Principal Meridian which lies Wester1y of the foUowmg.
described line: Beginning at the northwest comer of the Northeast Quarter of said
Section 6; thence on an assumed bearing of East along lhe north line of said Northeast
Quarter 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 1280.0q feet; thence South 41
degrees West a distance of 250.00 feet: thence South 17-degrees West a distance of
443.00 feet; thence·on a bearing of South to the south li1ie of said Northeast Quarter and
said line-there ending,
EXCEPT that part thereof described as follows: Beginni1,g at the Northwest coffl8r C:f
nki Northeast Quarter; thence on an assumed bearing 01f East along the North line of
said Northeast Quarter a distance of 514 feet; thence SQuth 27 degrees 30 minutes
West a distance of 589 feet to the centerline of the Courrty 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 Norther'.y along said West line to the
point of beginning.
ALSO EXCEPT that part of said Northeast Quarter of S'Jciion 6 described as follows:
Beginning at the Northwest comer of said Northeast Quarter, thence East along the
North line of said Northeast Quarter a distance of 514 fr.et 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 c.•mterline a distance of 180 feet;
thence deflecting left81 degrees 19 seconds a distant:'! of 662.11 feet to a point on the
North fine 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 .)Oint of beginning.
B. That part of the west Half of the Northeast Quarter of f:iictian 6, Township 117 North,
Range 23 West of the 5th Principal Meridian which lies Easterly of the following
deacrfhed One: Beginning at the northwest comer of the Northeast Quarter of said
Sectton 6; thence on an assumed bearing Of East alonG the north line of said Northeast
Quarter a distance of 1104 feet to the point of beglnnln:l of the line being described;
thence South 22 degrees30 minutes West a distance (If 1280.00 feet; thence South 41
degreeli 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 Northeast Quarter and
said Rne there _ending,
EXCEPT that part of the.West Hatt of the NorlheaSI Quarter of said Section 6 desalbed
as folowl: Beginning at the Southeast uimer of uld West Hatt of the Northeast
Quarter; thence on an aaumed bearing of North along the East lino of oakl West Hatt of
tho Northeast Quarter a dlatance of 1187.98 feet tho1>:e on a bearing of West a
distance of 513.35 feet; thence South 39 degn,es 17 ,r-30 _aeconda West •
distance of 280.05 feet; thence South 11 degrees 56 minutes 30 aecond• West•
distance of 3-45.23 feet; tllenco Southerly to tho Southwest comer of the East Hall of the
Wost Haff of said Northeast Quarter, thence Easterly along the South lino of said
Northeast Quarter to the point of beginning .
~H-IB!r A
... __________________________________ _L.J.:'.!..:!..;!l.~ ....LI
FLO WAGE AND CONSERVATION EASEMENT AGREEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this_ day of ______ , 19 __ , by
and between _________________________ , and its heirs,
assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono,
its successors and assigns, a municipal corporation under the laws of the State of Minnesota
(hereinafter referred to as the Grantee.)
WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and
other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right
to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under
the conditions and covenants herein contained, the following described Land in the County of
Hennepin and State of Minnesota:
as follows:
1. Grantor(s) hereby covenant(s) and agree(s):
A. No structures shall be constructed, erected, or placed upon, above, or beneath
the Land including without limitation, fences, fireplaces, steps, docks, piers,
hardcover or roads of any nature whatsoever, or any other structure or
improvement inconsistent with the natural state of the land.
B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from
the Land except as authorized by 'Yfitten consent of Grantee.
C. No earth, loam, peat, gravel, soil or any other natural material or substance
shall be moved or removed from the Land and there shall be no dredging or
excavation of any nature whatsoever or any change of the topography of the
Land without the written consent of Grantee.
D. No soil , sand, gravel or other substance or material as landfill shall be placed,
dumped or stored upon the Land and no waste, trash or garbage shall be
placed, dumped or stored upon the Land.
Page 1 of 3
E. No use shall be made of the Land except uses, if any, which will not change
or alter the natural condition of the Land, and no use which would tend to
change the drainage, flood control, water conservation, erosion control, soil
conservation, fish and wildlife habitat characteristics shall be made of the
Land or the water situated thereon.
F. Grantee may enter upon the Land for the purposes of inspection and
enforcement of the covenants contained herein and to cause to be removed
from the Land without any liability any structures, uses, materials,
substances, or unnatural matter inconsistent with the covenants contained
herein and the natural state of the Land.
2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual :flowage
easement and right and privilege to trespass with water over and upon any or all of
the Land.
3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the
Grantee and any and all of its officers and employees of and from any and all claims,
demand or causes of action of any kind or nature whatsoever which may arise or
accrue by virtue of any flowage or trespass with water within terms of these
agreements.
In addition to any other remedy the grantee may have, the covenants and restrictions
contained herein may be enforced by injunction.
Grantor( s) do not intend that the public should have any interest in the above land by virtue
of this indenture or otherwise, except as hereinabove set forth.
The Grantor(s) herein certify that the land herein described are free and clear of all
encumbrances except:
All provisions hereof shall run with the land and shall extend to and bind the heirs,
successors, representatives, grantees or assigns of the respective parties hereto.
Page 2 of 3
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this _____ day of
,19_,by ----------------------------
STATE DEED TAX DUE HEREON:
This instrument is drafted by:
City of Orono
P.O. Box66
Crystal Bay, MN 55323
NOTARY PUBLIC
Page 3 of 3
/
-
~
§ 10.55
Subd. 6~ :zoning Use Districts. The . Zoning Use Districts
as _.designafed on the Offi~ial Zoning Map shall re~ain unchanged
with the ·adoption of this Section. The provisions of this Section,.
including the designation of Flood Plain and Wetlands Conservation
Areas, shall be in addition to all other provisions · of this
Chapter. Whenever conflicts occur between other provisions of _ this
Chapter and provisions of this Section, the most restrictive
_ provision shall prevail.
Subd. 7. Regulatory Flood Protection Elevation. The
Regulatory Flood Protection Elevation shall be an elevation no
lower than one foot above the elevaticin of the regional flood plus
any increases in flood elevation caused by encroachments on the
flood plain.
A. The regulatory flood protection elevation within
_the Floodway and Flood Fringe Districts shall be established by
_ adding 1.0 foot to the Base Flood Water Surface Elevations within
~Floodway listed in the Floodway Data Table contained in the Flood
·· Insurance Study. Regulatory flood protection elevations between
cross-sections shall be interpolated.
B. The regulatory flood protection elevation for
Lake _Minnetonka shall be 932.5 MSL.
C. The regulatory flood protection elevation within
tbe General Flo6d Plain District ~halt be calculated by a qualified
registered professional engineer in ~c~ordance with procedures set
forth herein.
Subd~ 8. Development Restricted: Prohibition. Except as
hereinafter specifically permitted, no filling, grading, dredging,
excavation, hardcover ·, temporary or permanent' structures,
obstructions, septic systems, well or other construction shall be
allowed within the Flood Plain and Wetlands Conservation Area: nor
'on any lands within 26 feet thereof: nor on any land within 75 feet
··bf the ordinary ·highwater ·elevation of any lake shoreline, nor on
land abutting, adjoining or affecting said area if such activity
_upon those adjacent areas is incompatible with the policies
_expressed in -this -Section : and the _.preservation of those
·conservation areas in their natur~~ state.
-..
Subd. 9. Flood way . District (FW). The following uses
have a low .flood damage potential and do not obstruct flood flows.
Th~se uses shall be permitted :within the Floodway District to the
extent that they are . not prohibLted by any other _ City Code
provision and provided all permits o~ -auth6rization~ ~re ·received
as may be required by -other City _Code provisions ·or regulation of
other governmental agencies having jurisdi6tion,.indluding without
limitation, the· Minnesota. Department of NaturaL Resources, the
Minnehaha Creek Water shed . District, and the· Lake Minne tonk a
Conservation District. Tn addition, no use shall adversely affect
ORONO CC 365 · (4-1-84)
\
MM aw % 5£:XP&MWW_..,,.
l
l
I
I
I
I
I
I
I
I
I
I
•
II
■
II
■
Ii
I
I
I
I
I
._[i 11,
-
§ 10.55
t~e ~apacity of· the chan~els oi floodways or any tributary to the
main stream or of any_ drainage ditch, or any other drainage
~acility or system, and no use shall. advers~lt affect the quality-
or· ~uantity of ground water runoff o·r the qualitY,)of the natural
·ee~;ronme~t. : Fc.oCJ~VJf<'-1 ·. ( ~W 01-fvJ: .'
._:_ .;_,A·. Permitted Uses. (When· in conformance with this
Chapter):
1. Agricultural uses such as pasture, ~razing,
and wild crop.harvesting.
· 2. Fish and wildlife sanctuaries •
3. Recreational uses such as fishing accesses,
unpaved hiking, biking, horseback or natu~e trails, and picnic
areas.
4. Residential uses such as lawns and gardens
provided no filling, grading or hardcover is involved.
5. Seasonally installed residential boat docks
for single family dwellings. .
6. Natural stone rip rap shoreline protection.
7. Sand beach blankets meeting the
requirements of the Department of Natural Resouices Regulation
6MCAR15021B.
B. Conditional Uses. {When in conformance with
this Chapter):
1. All other forms of shoreline protection
including wood, metal, mortared stone or concrete seawalls.
any lake bed, pond, I-structures. ·.
2. All dredging or excavation of material from
or wetland or from lan~ adjacent thereto.
3. · All permanent boat docks or other similar --
4. All
residential
permanent.
or commercial
multiple boat docks including
structures, whether seasonal or
5. · Water control structures such as dams,
culverts~ and weirs.
6. Bridges and abu~ments.
7. Utility lines.
8. Other similar uses not specifically listed
~hen approved by the Council and other regulatory agencies, but no
use shall be approved which will restrict or obstruct any flood ,
flow or· which will r_aise the level of any flood flor,. , /_O v,,
.. · . . . . · . (~~\.) Olft-0 :§" t} II'
... : .. Subd. 10.:. Flood Fringe District (FFD).·-The followi~l;
uses · have a low f load damage potential and do not obstruct f load
flows. These uses shall be peimitted within the Flood Fringe
District to the extent that they are not prohibited. by .any other
City Code provision and provided all permits or auth6rizations are
received as may be required by other City Code provision or
ORONO CC ·_ 366 {4-1-84)
ZULH&Lr!L i i£Jt SL LLii L . . LL .. ££LL & L a fa&. l tfai JXtt
ORONO PLANNING COMMISSION MEETING
.MINUTES FOR SEPTEMBER 21, 1998
(#2403 Terry Clark, continued)
will not be upsetting the natural contour of the current grade. McMillan stated she is fine with the
proposed hardcover.·
Chair Smith inquired whether the addition wiU be keeping the same character of the residence.
Weber stated an additional dormer will be added, which will keep the same character of the house .
Lindquist moved, Smith seconded, to approve Application #2403, 1575 Long Lake Boulevard,
granting of variances to hardcover in the 0-75' setback, street yard setback, lakeside setback,
top of bluff setback, and a conditional use permit to change/alter the land in the lakeshore
setback to raise the house four feet, subject to the submittal of an excavation plan with the
amount of fill calculated in cubic yards and elevations calculated. VOTE: Ayes 6, Nays 0.
SCHEDULED PUBLIC HEARINGS: SUBDIVISIONS
(#4) #2408 MIKE HILBELINK ON BEHALF OF TED WOLF, 900 WILLOW DRIVE -SUBDIVISION,
7:10 p.m. -7:13 p.m.
The Certificate of Mailing and Affidavit of Publication were noted .
Mike Hilbelink was present on behalf of Ted Wolf.
Van Zomeren stated the Planning Commission reviewed this application at its August 17, 1998
meeting to allow the Applicant time to submit revised plans . The revised plan proposes to move the
lot line to allow a 50' setback for the existing barn from the proposed lot line, which means the barn
would meet the setback requirement from the rear lot line on a front lot. The newly created Lot 1
would be comprised of 3.04 acres and the newly created Lot 2 would be comprised of 8 .07 acres.
Staff recommends approval of the application .
Hilbelink commented the revised plan satisfies the concerns raised at the previous meeting, noting
the barn will be used as primarily as a storage shed .
Chair Smith noted Mr. Wolf had expressed an interest in housing animals in the barn previously , and
inquired whether he was aware that under the current proposal that would not be allowed.
Hilbelink remarked Mr. Wolf is aware that he does not meet the proper setbacks to house animals
under the current proposal.
There were no public comments .
McMillan moved, Berg seconded, to approve Application #2408, 900 Willow Drive, granting
of a lot line rearrangement as prepared in the survey revised on 9/11/98. VOTE: Ayes 6,
Nays 0.
(#5) #2412 STEVE WHITE Ol'il BEHALF OF VCI CAPITAL, 4355 BAYSIDE ROAD -SUBDIVISION
RENEWAL, 7:14 p.m. -7:21 p.m.
The Certificate of Mailing and Affidavit of Publication were noted . •
Page 4
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 21, 1998
(#2401 Thomas and Margaret Radke, continued)
Stoddard recommended limiting the size of the storage shed to 140 square feet.
Berg stated she concurred with Stoddard.
Stoddard moved, Lindquist seconded, to approve Application #2401, 3424 East Lake Street,
granting of a variance to construct an accessory structure on Outlot B, the size of the
structure to be limited to 140 square feet, per the concept plan submitted by the Applicants.
VOTE: Ayes 3, Nays 2, McMillan and Smith opposed.
(#3) #2403 TERRY CLARK, 1575 LONG LAKE BOULEVARD -VARIANCES AND CONDITIONAL
USE PERMIT, 6:52 p.m. -7:08 p.m.
Terry Clark and Architect Neil Weber were present.
Van Zomeren stated the applicant is requesting variances for street yard setback, hardcover in the
0-75' setback, bluff setback, lakeshore setback, as well as a top of bluff setback variance. A
conditional use permit is also required to alter the land in the 0-75' setback.
The Applicant has submitted a revised proposal that would raise the existing residence four feet to
allow for a walkout lower level, which would change the grade on the south side of the structure.
This is a solution that has been reached in an effort to reduce the impact on the lake side of the
property, a_nd would add an additional 159 square feet in hardcover.
Weber stated the 0-75' setback will be affected no matter what design is proposed since the
residence lies in the zone. Weber stated the current proposal is an effort to minimize the impact to
the 0-75' zone as much as possible by raising the house up to add a walkout under a new deck on
the lakeside of the residence.
Chair Smith opened the hearing up for public comment.
A resident of the area inquired about the impact the excavation would have on the adjoining
properties, noting he has had standing water on his property in the past.
Weber stated there will be very little excavation done except for the footings and under the deck.
Van Zomeren stated City Staff is aware of the resident's concerns and has requested the City
Engineer to review the plans. Van Zomeren stated the neighbor's current water problems are not
related to this application and would need to be addressed separately.
Chair Smith commented it is the Planning Commission's philosphy not to approve applications
that would adversely affect the adjoining properties, noting the City Engineer feels it will not have a
negative impact on the neighboring properties.
Van Zomeren stated the ground elevations and amount of fill still need to be calculated.
Stoddard commented he is in favor of the plan.
Lindquist stated the Applicants have complied with what the Planning Commission had requested at
the prior hearing, noting the ordinances governing hardcover were passed after the house was built.
McMillan stated she is concerned about major excavation in the 0-75' setback, noting this application
Page 3
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 21, 1998
(#2412 Steve White on behalf of VCI Capital, continued)
Steve White was present.
Gaffron stated the Applicant is requesting the Planning Commission grant a renewal of the
October 13, 1997 approval for a subdivision of this 55 acre property into two parcels to create one
additional building site to construct a house on Bayside Road, ·
Staff is recommending that the language contained in the Conservation and Flowage Easements
be modified so as to not prohibit the applicant from applying for a dock CUP/variance. As a
condition of approval, the Applicant is to grant the County an easement for the 66' of right-of-way for
Bayside Road within the boundaries of the property.
Gaffon stated septic testing has been completed and the property does contain alternate sites for
a septic system.
White stated they are not requesting a variance to construct a dock at this time but would like to
reserve that right.
There were no public comments.
McMillan commented the lot line rearrangement was a good proposal, and inquired whether the
easement would be on the north side.
Gaffron stated there are actually two wetland easements, noting Mark Gronberg has legally
described the easements.
McMillan inquired whether the Applicant had the wetland delineated to create the legal description.
Gaffron remarked that would be reviewed before the City Council meeting.
McMillan inquired whether Parcels A and B had lakeshore access.
Gaffron replied that both parcels were lakeshore lots.
Lindquist moved, Smith seconded, to approve Application #2408, 4355 Bayside Road,
granting of a renewal of the October 13, 1997 Class I Subdivision. VOTE: Ayes 6, Nays 0.
NEW BUSINESS: PUBLIC HEARINGS
(#6) #2413 PAUL AND MEGAN BENNETT, 500 HANLON AVENUE -VARIANCES, 7:22 p.m. -
7:55 p.m.
The Certificate of Mailing and Affidvait of Publication were noted.
Paul Bennett was present.
Weinberger stated the Applicants are proposing to add a 20' by 24' garage with second floor living
space to the existing residence. This property lies within the RR-1 B zoning district, which has a two
acre minimum. The lot is comprised of .15 acre.
The Applicants are requesting a variance to side yard adjacent to street setback requirements, a
variance to side yard setback requirements, a variance to rear yard setback requirements, and a
variance to structural coverage.
Page 5
ORONO PLANNING COMMISSION MEETING
MINUTES FOR SEPTEMBER 21, 1998
(#2413 Paul and Megan Bennett, continued)
Weinberger stated in 1991 the City Council approved variances to construct a deck within required
side yard, street yard, and back yard setbacks, and to allow 22 percent lot coverage by structures,
with the condition that future proposals to increase lot coverage by adding structures on this
property will not be looked upon favorably by the Council. The current application is proposing to
increase structural coverage to 31 percent.
Staff is recommending the Planning Commission review the previous resolution to determine how it
applies to this proposal.
Bennett stated he was not aware of the previous resolution until Friday night, and had submitted
this application for the construction of a garage due to the fact that a garage currently does not exist
on the property. Bennett stated currently they are forced to park on a gravel driveway and back out
onto Dickenson, which raises safety concerns as well. Bennett remarked they would be willing to
remove part of the deck and a landscaped play area as well in an effort to reduce hardcover.
Chair Smith inquired whether the play structure would be relocated.
Bennett stated at this time he is not sure whether it will be relocated.
McMillan inquired whether there is a deck currently on the east side of the residence.
Bennett stated there was a small deck, and they have experienced standing water in the driveway.
Chair Smith inquired whether the deck or proposed garage could be reduced.
Bennett stated originally he wanted a 24' by 24' garage and reduced it to 20' by 24', which in his
opinion is a minimal-sized garage, but it could'possibly be reduced somewhat.
Stoddard inquired whether the tax-forfeited piece of land located across the alley from this property
was still available for sale.
Bennett stated he thinks it is still available for sale.
Stoddard inquired whether the Applicant would be willing to pursue purchase of that piece of
property.
Van Zomeren stated an accessory structure could not be constructed on that piece of property.
Chair Smith inquired whether the Applicant would be willing to table this application to allow him time
to investigate possible purchase of that piece of property.
Bennett stated he can look into it.
Chair Smith opened the hearing up for public comment.
Dan Kluth, 2801 Fox Street, inquired what the applicant would be able to do with that additional lot.
Van Zomeren stated the lot would be included in the calculations for structural coverage.
Gaffron noted the piece of property was not a buildable lot.
Bennett stated the land appears to be low land or wetland, and is not in favor of having a child cross
the alley in order to access play equipment.
Page 6
CERTIFICATE OF MAILING
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN ) ss .
)
CITY OF ORONO )
I, Mary Ann Johnson, of the City of Orono, Hennepin County, Minnesota, do hereby
certify that a Notice of Public Hearing concerning the matter of#2412, was mailed to the
attached list of property owners.
In Witness Whereof, I have hereunto set my hand . and seal this 10th day of
September, 1998 ..
CITY OF ORONO
2750 Kalley Parkway, P.O . Box 66
Crystal Bay, MN 55323
Phone (612)473 -7357 Fax 473-
05 1 0
Th e Planning Commission w il l hold a
public hearing i n the Council Chambers at
2780 Kell ey Parkway on Monday , Sep tember
21, 1998 beginn i ng at 7:00 p .m . on
app li cati on #24 12, a proposal by Steve
Wh ite/VCI C apital for a ren ewal of a Class I
subd i vis ion of property lo cated at 4355
Bay si de Road , P.I.D . #06 -11 7-23 12 0003 .
The propo se d subdi vision wi ll create on e new
18 .8 acre lot.
All person s wis hi ng to be heard will
app ear at thi s ti me . To revie w th e appl ication ,
ple ase arra ng e an appo intment by ca lli ng
473-73 57 .
City of Oro no
By : Pl anning Commis si on
El izab~th Va n Zomeren
Ci ty Planner/Zoni ng Adm inistrator
(Published i ri The Laker an d Pioneer
Sept. 5, 1998)
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER,, Mound,
Minnesota, and has full knowledge of the facts
which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
B.)Theprinted Application 2 4 12 White/VCl
Capital
which is attached was cut from the columns of said
newspaper, and was printed and published once
each week for 1 successive weeks:
It was first published Saturday
the 5 day of September 192.JL_,
and was thereafter printed and published every
Saturday, to and including Saturday,
the ___ day of_____ 19 __ ;
~nt
Subscribed and sworn to me on this
,19~.
By:
~HER -GEER P.L.L.P .-
ATTO R NEYS • AT • LAW
August 24, 1998
Mr. Mike Gaffron
City of Orono
P .O . Box 66
Crystal Bay, MN 55323
Dear Mr. Gaffion:
4200 MULTIFOODS TOWER
33 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE: (612) 338-0661
FACSIMILE: (612) 338-8384
Some Members Also Authorized to Practice Law in Michigan, Nor th Dakora,
Wisconsin, Kansas, Missouri, Connecticut , New York, Texas and California
Direct Dial No.: (612) 347-9105
Internet KYEAGER@meagher.com
This office represents Steven C . White in connection with his application for subdivision of the subject
property. We reviewed records in the office of the Hennepin County Recorder to supplement the title opinion
of attorney Thomas L. Owens, dated December 21, 1997 . From our review, we supplement and update Mr.
Owens ' title opinion as follows :
1. Real estate taxes due and payable in the year 1998 for property identification number 06-117-
23-11-0003 are $2,763 .78 and for property identification number 06-117-23-12-0003 are
$11 ,383 .82 for a total of $14,157 .60 , the first half of which have been paid .
This supplement to Mr. Owens ' title opinion is presented solely for the benefit of the City of Orono in
connection with our client's subdivision application .
Respectfully,
~ger ' ~
KJY:rr:6 4250 9
cc: Nancy L. Chadwick
St even White
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Subdivision
Municipal Offices
Notice of Public Hearing
File #2412
Date: September 9, 1998
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323,0066
· The City of Orono is required to send mailed notice to all property owners within 350'
of the property located at 4355 Bayside Road. The property owner(s) have applied
to renew a previous subdivision application to create one new lot (See A on enclosed
survey).
The Planning Commission will hold a pubic hearing on:
September 21, 1998
at 7: 15 p.m.
in the Council Chambers at 2780 Kelley Parkway in Orono.
Any party may appear at the hearing in person, by agent or attorney. A draft copy of
the Planning Commission agenda is enclosed. The Planning Commission is advisory
to the City Council.
For further information, please call Liz Van Zomeren at 473-7357. The proposed
plans are available for review by appointment.
Elizabeth A. Van Zomeren
City Planner/Zoning Administrator
Telephone (612) 473-7357 • FAX 473--0510
· J --~ ·
Ii
I' \ I _:-,.,,-.. ~ r,-r;. •~111'•1.1 ~ ----4ll ~--
PROPOSED LOT DIV~ON
CERTIFICATE OF SURVEY FOR
STEVE WHITE
IN THE NE 1/4 OF SECTION 6-117-23
HENNEPIN COUNTY, MINNESOTA
,,~~L ,rr,11111-r,-v w. or the-,...., ba.l.r or u.
·--..~otSeeUao6,-
•hiJ> 117 -• .._ 23 ... at the 't.b h-tnd.pa.l Mtr1dian, 1::tCZPr that ,-.rt tbeNOt' d .. crit.d u tcUow: .
. Bl&imin< at t.be Jlortlb,aqt ccrnar or :tba Nctrtbeut qmrt.r or NSd. $Ht.ion 6.;
-..· ••• &lo.at ~ lortll u.., or oaid lort.boollt ••rtor • du-.. at Sl4
!'Nt1 ~ soutb. 2'0)0 1 w .. t (uau.ai.J:ac Mid la:rtb lil'la •• •r1Dc 9Mt) a
dutanoe ot 589 t-1. to tlle ~rU.. or t.._ Co\mt:J'' load vb.ich •n.rad• aero ..
aa1d llorj.beart, q.uaMari thene. ~tarl.7 a.loq tba cemtarli1111 ot •t.r! .Count;
!bad to ~-.. ., '1.ilwl or Nid Jil)rihMat C!•r'-r; t.hence Jlor:tbul.J, •l.o.ac' Mid. .
W.et lul• to PDlllt or t:.11nninc, •coo~ \0 tM tlu.t.-4 Sta't.ra Cio~t Surr•.
t.Mreor. &uicap.b· OcnmtJ, )t1.DNllt01:a; ALl90 IJCIPT tbd ;.rt-or tl'a W.et tau Qf
the Kortbeaat qUllrt.r _ot Mid S-ction 6 d,..eribed H foll.owe: S.PJilllinl at. \htl
Sou.t.baa.-t com.r or t.he li .. t bal.t ot U. llort.hea.at qtart.•r; ~c. oa an aulalld
bM.rinc of' North ·alonr the ket Ube ot •id Wut. halt or \ha .,rthM.-t quart.r a
distai.lca of 1167 .. 98 tNtJ tbence oa a bur1n1 ot Weat a dilt&Dca or ID.JS tMt;.
-t.hanee South 39017 1 )0• W.et a di.stance or 280,.05 t'eet; thence South 11°56 130• W.•
a dia~nca of JLS.2J tNt; thllnce.Scnit,:f•rl,-to tha Southl,,.et. comar ot U. &ut.
b< ct the W..t half' ot Mid Jlort.hN.at. q\art.erJ tohanee ll,at.wl7 aloac thl So.th
J:1m of. add Mo~t q\arter to poilrt. ct baciJ:minc; AI.10 IJCEPf U..t. pa.rt. ot
the llor"thweat qtart.r or tM lcrrtbiMat quartar ot aaJ.d Sec:Uon 6 deeer-11:.d ••
follow 1 • heinnin& • t. u,. llortm.at. .ec:rner or Mid lortbN.at. q~ thitac.
BIHt •lone tlw Jlorthsrly UM or .. w Net.ion • d.1atat1c. or Sl.4 t .. t to a..et.l
point at becionu,c; -danaetbc richt u,o:,o, • dutanoe ot ~ rNt to
tht cctt.erlim or County-Boacl JI:,. 84.1 tbtnce Ntlectin( lert. alcmc hid eent.r
lJ.nlt a di,tanc• or 180 r .. t; tt.nce deneettnc lst't Sl. 0 19, a di■ \a.nc-a o! 662 .ff r .. t to a point On thtl Worth l.1Ae or N1d 5ect.icm 6;lont.ed 216.SS !Mt llut
or-thl pginf; ot be'1zm,in&; tba:noe _.., •loai' Mid North line a d.btanc■ or
216.SS f•t i.o ;,ozt ot tac:imung (hr pm-po ... or tbb 91U'Tay, t.,o p:,in\& o:.
't.b:a c.nterl1.m ot ~, d1et.ult la) !"Nt &Jart.., ha..-e bl,im
' uau.-d to .-rll: the •to.MMCrtbed centfirline boun:iar,);
....
--
RUN DATE 08/20/97
BATCH 514
tlENllEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY ONNERS l.IST
REPORT NO. PI435401
PAGE 28
f\Joie: ~uveci I PQV'C.el.s -_,
Ul I .Cqt'1ul /nc. J
(JC, -1(7-23 -/{-0003 f 06-{l7-2'3-{Z.-ooo3--owvi.eJ.
p6 6ox· 3 7~ L(TT\j Lake. 55 356,
07
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPllESENTATIOlt OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF HIE HENNEPIN COUNTY DEPARTMEMT OF PHOPERTY TAXATION, TO THE BEST
OF MY KNOlllEDGE AND BELIEF, . ~ D,r, 8 · ZI-J7.,1;F"4rn
('.
c:::::_,,'
i
H -.
'
::-
,v
l/
.,
; ..... ~ . ' '. :: ... > ....... ...._.
,· (.S:!,1~1/.11/Ck,!d·
~ .. _:,.•!,,,,1"'.1Ay
iv"'--A.Jt :~ \,.~ ~-i.., i ;~ J l i:"i)i.i[ I i J N LU! .I :·• i i . l :. i: i J I' l:..? I ; U i: ') l '. :, l U (! ;:; /J · .. I ; i:: L i i! !_ 1 • J U I· _....3. ....
,.; l··1 , 1 ··1· f"'· ·1· '1·1 •. 1 ·1· ···· , ... • n 1 '• ( ·. 1 i .. 1 l . I \ .... , .. · (·\ ..... I r , ... --:. .JI\ . .J <::iB) . _ _ _ _ __ .... ---.--·-·-·---··. i.f.~s s __ -1.._t./3-1 s /!;xJ,~ __ r., d :u 1 1.,.r :i: x; :i: u N ,11, 9 u o / 1.1 o
... 11._ p (1 y ·-·f..i....~ .... -. ·A· NE w p I ... (', T ··---······ ·k T Ci . (.~ ::; f; 11 / / • I
SC H DI ST 27 7 WATERSH ED 3
1.1 : I' 1/li..J t GPLLN (;C 1?1:::;
/RANS LI NE/FZ INDIC
nE WE I~ DI ~;T ... ·-~· . -···· -··. -···-..
Cl P E N r; P t, C E
I
./
,/
~;~o _PY .FUI~ •.--.. --............ , .... -.. -.. ,-... -. :I,; __ _RE(~UF~:>T ............... :•\·. FROM M<,r~ .. / ... _./ ____ ··--
DATE :1.2/0 :1./9 8 * WD * V~LLJE CHECK
IlY .................... Jr.~H .......................................... ,\; (~Cl) ............... ·A '.:; PEC CHEC I<
-· ·--·-···•···~-·---· -···---·-· FJI ... LD .. ___ _11 _ /S /'j'R _ _.A ____ .. c :n .··•·c,·~··· .. • ·lr COMPUTE I~ / /
tiPPRD 1JEil '; /-z lrl"l8 -·lr DTHLI< .~ ... ·A· C:OMPI ... ETED ______ _
P I? U P E I< TY J Ii ( > (; ···· :I. :I. 7 ···· ;:: ::l :I. 2 0 0 0 :J 0~8 ') C l c ..-.
1
, . . . -· ·---. .
t.)r-··i· :'.'.' . .II til. J ('f"' "'-
. J> RQ F'.[~ l~T y __ .{)J:fl] ,~ E !:) s O 4:] ~5 ~:i (2.-~-~ ~:l{~ y '.::(I ] )E -IUJ .. -?:.21 . !i(~_-! ~ '-U ~. -i
·1· ·' ·r·1 .: 1·.-11 1·· 11 ,, 1·ir1q·r [ UIJ(.!L: P
Tf'l /l)trYl:.I~ N/() .. , . . l j' I' . . . . . . ~ .. , ' "\ (~DDI TI ON Nt1ME
UNPLATTED 06 l:1.7 23 .. l1 •l .. ········ 1-l.. .. ·.':-·1
/ .,. ,n :.:iot; /"ff""•"·:' · ll C,I Tt/1' ~I '~ . ·· .l:::D )C --~f?~/°: .... ~·-.~~'.---·---~] /l;'J; -:1; .. ------------·-·--'-----------
1... ONG L (~ l<E MN !'.'j ~'jJ !:'jfl DATE DF LAST TRAN :I. ::.~ / :I. ~:_:,; / 9 :~.~
1..:oT BI ... OC I< (.',CREA GE '.'.'i :3, :l !'.'i --••---•--• ••• -M-•-•-• -•--• • ----•-•• •---•• •
APPl:.:u ;x: Pt ,r<C E I ... S I /.[ I l(F~LG Ul...r:)r<
,•ii::: IE'.:; t., l :Ul..I(.1Uf; DL:::;c I~ 1 PT I UN
, CUM AT A PT INN LINE DF NL :1./4 DIS 514 FT E FRUM NW CUR THOF TH
A E C ·E-1 \JED c' ,1 '7'" ·-=-,·1F.=·1:' ':·o MTN w TD 1~T,~ 1 TNF nF r>rAT1 TH <='Fly Al l1NF' (:'AIT CTR 1 ·wF -.> •. , ...•• Y,J •.. J •••••••••• '-.J .. ,.), •. _ ... :>'w •.. .J ..... II ••
1 80 FT TO ACTUAi... PT OF BEG TH NELY TO A ~TINN tINE OF NE l/4
DI S 73 0 55/100 FT E FROM NW CUR · THOF THE TO NE .COR OF W l/2 OF
N[ l /4 TH 8 A[bNG E LINE THOF TO A PT l:1.67 98/100 FT N FROM SEC OR
THU F TH lJ \'.'i 1 :J :J~.'i/:1.00 FT TH S ::)</ DEG :I./ MIN :io !:1EC l•J n :u; 2BO
JAN O G t :.• !
·•. "' .... ·1 ··· '\ ··· ·1·· · ·· 1 , .. , ·1 ·1 ·1·11·· (~ i:,· · ►.✓• ·1· '-I ... ) ("· 1··· 1··· 'J ·1·· •1· c· ,.. , i:,· ---1 ... , , ·1 <' \ ··· ·r· · ·· .... ·-,.... · ·· ·· <~ ·-· cou--n'vASSES".--v:i .... ( .... :·! ..... ~.:..u•::.::.... . .!'· ...... __ 1 .. L_ >' ...... •:. :1 ,.,6 i-1 .. i-s _,Jc ,:) :: .. , I' . ..1 ••• :) .:1.,❖,., .•..,;)/ •• )c ,.. 1 H ,:)1.:.1..., 1 u ,:>I::.
"'' ~-t~ COR OF W 1/4 OF NE :1./4 TH W TO SW CUR THOF TH 'N ALONG W LINE
·r·1··l(·11::· ·1"( .. I ··,·r·,:j I ·1·11.11::· (·11 ::· ,·,··· ~·1·-i ·r··, .. , c•1 ::·1 '( ~·I (·)t··!(:,. C'A. ·[·1·1 c··1·1:) .·, ·1·N[·~ ·r·(·· · ·1:•1::·1:~ 1::·v 1:l(),!:·J.) .. .. L , .... !', .... •d.Jr-1 ... ,.)...... 11 .... , .. ,.H·I .... , \ ..... I .. .J .. ) ........ " '1..1·\..
' ; Ii ( X t , G P T H Ul.-.lN ;.{ l..i)ND ----·-~---------· ---------HI...DG M(·1CH TDTt1I... H····Ht,'.::EJ H .. ··Il1:)S[2 N/H ····Ilt,::;EJ N/H TC GRD S\:; TC
...
!
I
I R D /22.CJC) ··-· /.tp2.._L,(-t:JQ__. . -···· -·. 7'..~~.CJ..t!L ···------·····-·q3.···g__·······---4d! ~--·•-·----·'
L __ rz . -·-........ a_~Z-oe> 0 19/CJ..L)Q .
11 I 1,1 l r; I Cl r··) ./ ( :: U i'i J: l N t, T I D N :
· -·· 1-J 1:JJ r:, "'n ,1 c: RT 'r-TTfTff SEC TWP RG QQ SLJFX
06-:1.:1.7-23 :1.2 000 /
5t.f.. l_3..Qd2_
S[C TWP RG QQ SLIFX
0 6 ····:I. :1. 7 .... 2 :3 :1.2 ooon
SEC TWP RG QQ SU FX
·--··-· -·-··---... ··-···-···· -z:_
PROPERTY DIVISIONS & COMBINATIONS Municipality: ( 38 ) Orono
Division Form No. HCPT03-2 (11/97) Date: 1/4/99 03:08 PM Page 1 of 2 Sheet l:z-101 I :J rrilvision No. 980760 l
06-117-23-12-0007 Owner: VCI CAPITAL INC Property Address: 38 ADDRESS PENDING
Taxpayer: VCI CAPITAL INC
PO BOX 375 Mortgage Loan No:
LONG LAKE MN 55356 Mortgage Code:
t/355 /1~ KHd
Addition No: 4 13 0 6 Lot: Block: Acreage: 2 4 . 7 2 Approx. Parcel Size: IRREGULAR
Metes & Bounds Description: THAT PART OF W 1/2 OF NE 1/ 4 OF SEC
6 Tll7 R23 DESC AS FOL BEG AT NE COR
OF SAID W 1/2 OF NE 1/4 TH ON AN
ASSUMED BRG OF S ALONG E'LINE THOF
TO A PT 1167.98 FT N OF SECOR THOF
TH W 513.35 FT TH S 39 DEG 17 MIN 30
SEC W DIS 280.05 FT TH S 11 DEG 56
MIN 30 SEC W DIS 345.23 FT MORE OR
LESS TO INTERSECTION WITH NLY EXT OF
MOST WLY LINE OF LOT 1 BLK 1 NORTH
ARM ESTATES 3RD ADON TH SLY ALONG
SAID W LINE AND ITS EXT TO S LINE OF
SAID W 1/2 OF NE 1/4 TH W TO THE
INTERSECTION WITH LINE A SAID LINE A
IS DESC AS COM AT NW COR OF SAID W
1/2 OF NE 1/4 TH ON AN ASSUMED BRG
OF E ALONG N LINE THOF 1104 FT TO PT
OF BEG OF SAID LINE A TH S 22 DEG 30
MIN W DIS 1280 FT TH S 41 DEG W DIS
250 FT TH S 19 DEG W DIS 443 FT TH
ON A BRG OF S TO S LINE OF SAID W
1/2 OF NE 1/4 AND SAID LINE A THERE
TERMINATING TH NLY ALONG SAID LINE A
TON LINE THOF TH, E TO BEG EXCEPT
ROAD
°"" -.,s.-·
...
PROPERTY DIVISIONS & COMBINATIONS Municipality: ( 38 ) Orono
Division Form No. HCPT03-2 (11/97) Date: 1/4/99 03:09 PM Page 2 of 2 Sheet I 3 I Of I 3 ~
---· ·--------·-· ------·1
sion No. 980760
-·------•.-•·-·· ··-· ---------·· -
06-117-23-12-0008 Owner:
Taxpayer:
Addition No: 4 13 0 6 Lot:
Metes & Bounds Description:
VCI CAPITAL INC
VCI CAPITAL INC
PO BOX 375
LONG LAKE MN 55356
Property Address:
Mortgage Loan No:
Mortgage Code:
38 ADDRESS PENDING
4 37<::: ~ «~
Block: Acreage\ 25. 00 . Approx. Parcel Size: IRREGULAR
THAT PART OF W 1/2 OF NE 1/4 OF SEC
6 T117 R23 DESC AS FOL COM AT NW COR
OF SAID W 1/2 OF NE 1/4 TH ON AN
ASSUMED BRG OF E ALONG N.LINE THOF
1104 FT TO PT OF BEG OF PARCEL TO BE
DESC TH S 22 DEG 30 MIN W DIS 1280
FT TH S 41 DEG W DIS 250 FT TH S 19
DEG W DIS 443 FT TH ON A BRG OF S TO
S LINE OF SAID W 1/2 OF NE 1/4 TH W
TO SW COR THOF TH N ALONG W LINE OF
SAID W 1/2 OF NE 1/4 TO INTERSECTION
WITH CENTER LINE OF ROAD TH SELY
ALONG SAID CENTER LINE TO SECOR OF
THAT PORTION OF CRISTOFORI WOODS
EMBRACED WITHIN SAID W 1/2 OF NE 1/4
TH NLY ALONG ELY LINE THOF TON LINE
OF W 1/2 OF NE 1/4 THE TO BEG
EXCEPT ROAD
SKK
JAN O 5 1999
:)
-:::.
'
(8)
19J. l 1
O (1) I\,", • ..;.
c,c.' ------?-.
~~~-J 1'.
F
(8)
~
~
(I
'\,
/