HomeMy WebLinkAboutProject PacketCITY of ORONO
November 9, 1993
Mr. Mark Johnson
4455 Bayside Road
Maple Plain, Minnesota 55359
Dear Mr. Johnson:
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
I have enclosed original copies of the approval resolutions extending the effective date of the
preliminary approval and the final plat of Johnson Wheeler 1st Addition. The final plat and
additional documents have been transmitted to the City Attorney's office for filing. The plat
should be filed within the next week.
Please be advised that upon the sale of Lot 2 you will be expected to provide an easement in
favor of Lot 2 over the existing drive that ~erves your residence. As the· enclosed resolution
notes, the access must be located at the extreme southeast comer and to extend no further north
than 25' in order to maintain a 20' separation setback from the principal drainfield site.
Please contact my office if you have any further questions concerning the filing of your
subdivision.
~jnc~rely,
~~d0;aL~
v __Ly.-e-4 .
Jeanne A. Mabusth
Building & Zoning Administrator
JAM/ch
Enc.
cc: Robert Rosenberg
Telephone (612) 473-7357 • FAX 473-0510
REQUEST FOR COUNCIL ACTION
Department Approval: Administrator Reviewed:
Name Michael P. Gaffron
Title Senior Planning Coordinator
DATE: December 10, 1998
ITEM NO.:
Agenda Section:
Zoning
Item Description: Mike Hilbelink/Mark Johnson, 4461 Bayside Road -Request to amend
or rescind Condition 2 of Resolution No. 3346 -Resolution
Zoning District: RR-IB, 2 acre rural residential
List of Exhibits
A -Draft Resolution
B -Letter of Request
C -Resolution No. 3346
D -Site Evaluation/Site Plan
E -Plat Drawing
F -Topographic Map
Summary of Request
Resolution No. 3346 approved the plat of Johnson Wheeler 1st Addition in October 1993. Condition
No. 2 of that approval required that the driveway to serve Lot 2 be located at the southeast comer
of the lot to avoid conflicts with the tested and approved drainfield sites. The City code requires a
minimum separation of 20' between drainfield sites and driveways or other hard surfaces.
Because this required driveway location would yield a circuitous route and have a potential negative
impact on the neighboring residence due to auto headlights, the property owner is having additional
septic testing performed to determine whether the approved sites can be relocated. If the approved
sites can be shifted or new sites found that will meet code requirements, there may be no further need
for this approval condition. In that case, the property owner would like the condition revised.
As of this writing, no new information has been provided as to the actual feasibility of relocating the
drainfield sites. There is a dug pond on the site which may impact the feasible locations. The
applicant notes the goal is to establish a driveway at a location somewhere between the originally
approved primary and alternate drainfield sites. There is no stated intent to establish a new driveway
access onto Bayside Road, and it was concluded during the 1993 subdivision review that the best
access would be via sharing the existing driveway.
4461 Bayside Road
December 10, 1998
Page2
Staff Recommendation
Staff recommends approval of the proposal under the following provisions:
1. Access to Lot 2 ("4461" Bayside) shall still be from the private driveway located on
the adjacent property (4455 Bayside) east of Lot 2, which is also owned by Johnson.
2. This shared driveway shall be formalized via an easement in favor of Lot 2 at the time
Johnson sells Lot 2 or no longer owns both properties.
3. Any driveway constructed to serve Lot 2 shall meet a setback of no less than 20' from
approved primary and alternate drainfield sites. Such drainfield sites may be
relocated upon provision of proof to the City that site relocation is feasible and
meets City code requirements. If the property owner is successful in relocating
drainfield sites so that a driveway can be constructed accessing the existing driveway
without encroaching within 20' of approved drainfield sites, the City will not enforce
the condition regarding placement of driveway at the southeast comer of the lot.
This scenario will allow the property owner the flexibility to relocate the driveway as long as
conditions are met, while still protecting the City's interests in ensuring no potential encroachments
of drainfield sites.
A formal amendment to Resolution No. 3346 is not appropriate without re-opening the subdivision
review process, according to the City Attorney. He has suggested, as an alternative, that the City
send the property owner a letter stating that the condition regarding the driveway location will not
be enforced. This could be done in the form of a resolution, but would not be filed in the chain of
title.
To this end, a resolution is attached incorporating the above provisions.
COUNCIL ACTION REQUESTED
Adopt the attached Resolution Regarding Enforcement of Condition 2 of Resolution No. 3346.
A RESOLUTION REGARDING
ENFORCEMENT OF CONDITION NO. 2
OF RESOLUTION NO. 3346
WHEREAS, on October 11, 1993 the Orono City Council adopted Resolution No.
3346 approving the plat of Wheeler Johnson 1st Addition; and
WHEREAS, Condition No. 2 of Resolution No. 3346 contained language requiring
that the access driveway to Lot 2 shall enter Lot 2 no more than 25' north of its southeast comer to
avoid encroachment of the approved drainfield sites for Lot 2; and
WHEREAS, the owner of Lot 2, Mark Johnson, has requested that the City not
enforce this condition if the drainfield sites can successfully be relocated while still meeting all
Orono On-Site Sewage Treatment Code requirements; and
WHEREAS, the City Council has reviewed the request and finds that the request is
reasonable, subject to a number of conditions which are necessary to ensure the City's goals of safe
access to property and protection of identified drainfield sites from encroachments which could lead
to the premature and costly extension of municipal sewers to the defined rural area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orono that Condition 2 of Resolution No. 3346 will be enforced in the following manner:
1. Access to Lot 2 (" 4461" Bayside) shall still be from the private driveway located on
the adjacent property (4455 Bayside) east of Lot 2, which is also owned by Johnson.
2. This shared driveway shall be formalized via an easement over 4455 Bayside in favor
of Lot 2 at the time Johnson sells Lot 2 or no longer owns both properties.
3. Any driveway constructed to serve Lot 2 shall meet a setback of no less than 20' from
the approved primary and alternate drainfield sites. Such drainfield sites may be
relocated upon provision of proof to the City that site relocation is feasible and
meets City code requirements. If the property owner is successful in relocating
drainfield sites so that a driveway can be constructed accessing the existing driveway
Page 1 of 2
without encroaching within 20' of approved drainfield sites, the City will not enforce
the provisions of Condition 2 regarding placement of the driveway at the southeast
comer of the lot.
Adopted by the Orono City Council on this 14th day of December, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Page 2 of2
Mike Hilbelink
1120 Wayzata Blvd.
Wayzata, MN. 55391
Mike Gaffi-on
City of Orono
P.O. Box:66
Crystal Bay, MN 55323
Re : Relocation of septic site @ 4461 Bayside Road
Dear Mike;
f ,4 7 F'D2 [1[1 ' [1[1 [1[1 : [1[1
I would like to request, on the behalf of the Johnsons , the City of Orono's
consideration, at the next council meeting, the relocation of the northern most septic
site, as defined on the following septic site plau,ifor the Bayside property.
It is the Jolmsons desire to comply with t~e City's request ? to have a driveway
come off the existing drive and access the lot between to the two septic sitbs . In
order to accomplish th.is , there needs to be a greater separation between the two
sites, which would allow for a drive in that location.
The original plan called tor an additional dtiveway off of Bayside> and thus
the resulting septic site plan.
Please let 1ne know if we will be able to get this on the Monday's meeting.
Thank you.
Respectfully,
CITY of ORONO
RESOLUTION OF THE CITY COUNCIT. . . . . . ~-o ·,1 n
NO ... o u ~ ;) .. _·_. . -
A RESOLUTION APPROVING THE
PLAT OF JOHNSON WHEELER 1ST ADDITION
FILE NO. 1663
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
· ,VHEREAS, the City Council of the City of Orono has adopted subdivision
regulations for the orderly, economic and safe development of land within the City; and
WHEREAS, the City Council has considered this application for a subdivision
of a plat by Mark Johnson, the subdivider (hereinafter "the subdivider"); and
WHEREAS, on September 9, ·1991, the City Council approved Resolution No .
3014 granting preliminary approval for the plat of the property located at 4465 Bayside Road;
and
. . .
WHEREAS, on October 11, 1993, the City Council adopted Resolution No .
. 3 3 L1 5 granting an extension of the effective period of preliminary subdivision approval to
October 11, 1993; and ·
WHEREAS, the proposed subdivision has been found to meet all standards of the
RR-lB Rural Residential Zoning District finding that each lot is of a size and configuration that
will allow the continued use of the developed lot for single family residence use and the
undeveloped lot to be fully developed without the need of any variances; and ·
WHEREAS, the subdivider has completed all requirements of the platting
regulations of the City, including :
1. Completion of all the requirements of Resolution No . 3014 .
2. Dedication on the plat of right-of-way for a public road shown at Bayside Road.
3 . Dedication on the plat of drainage and utility easements.
Page 1 of 3
·"'
_ CITY of _ORONO
RESOLUTION OF THE CITY COUNCIL
. NO. ~ !'.{ t~. ::;
4. . Creation of Outlet A that is not contiguous _with Lots 1 and 2 and is divided from
the remainder of the property by a County road. Said lot shall be designated as
an unbuildable lot and available for combination with adjacent residential
properties on north side of County Road 84 or Bayside Road.
5. Payment to the City of a Park Dedication Fee in the amount of $2,544.00.
6. Payment to the City for the legal review and filing of the plat, and other
documents in the amount of $150.00.
7. Payment to the City for the final plat application fee-at $150.00.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono
hereby approves the plat of Johnson Wheeler 1st Addition, Hennepin County, Minnesota, subject
to the following conditions: ·
1. Access to Lot 1 shall remain via an existing driveway that serves the existing
residence.
2. Access to Lot 2 shall be achieved via an existing private drive along the east side
of the property owned by the applicant. Upon the sale of Lot 2, applicant shall
grant an access easement in favor of Lot 2. Such access must be located at the
extreme southeast corner and to extend ·no further north than 25' in order to
maintain a 20' separation setback from the principal drain.field site.
3. The 30.4' x 18.4' barn on Lot 2 shall be removed by October 11, 1994 if a
building permit has not been issued for residential construction by that date.
4. The aforesaid plat 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 11,
1994 together with a certified original copy of this resolution and executed copies
of either easements or covenants noted above.
Page 2 of 3
. ..,,
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Q ~:"? . NO. (I;) ""!J •.
Toe approval granted by this resolution shall expire if the. plat cannot be filed by the date
specified above. In that event it will be necessary to file a new application with the City of
Orono-for subdivision review. Dated this 11th day of October, 1993.
ATTEST:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of October, 1993
by Edward J. Callahan and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
LINDA s. VEE
NOTARY PUBLIC. MINNESOTA
HENNEPIN COUNTY
My commission _expires 8-12-86
~~~~(.~ J, /~
Notary Public
Page 3 of 3
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ROBERT MERRILL ROSENBERG
PROFESSIONAL ASSOCIATION
LAWYER
October 11, 1993
City of Orono Minnesota
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55353-0066
Re: Plat at 4465 Bayside Road
SUITE 2500
ONE FINANCIAL PLAZA
120 SOUTH SIXTH STREET
MtNNEAPOLIS, MINNESOTA 55402
OCT 2 2 1993
FACSIMILE 349-9962
TELEPHONE 349-5290
AREA CODE 612
I have made a courthouse examination of an Original Certificate
of Possessory Title on file in the office of the Hennepin County
Registrar of Titles covering the following described property in
Hennepin County, Minnesota:
That part of the East 3/8 of the Northeast Quarter of
the Northwest Quarter of Section 6, Township 117, Range
23, Hennepin county, Minnesota, lying North of the
South 870 feet thereof, EXCEPT therefrom the East 30.0
feet lying South of County Road 84, according to the
United States Government Survey thereof.
This land is Registered under the Torrens System and was
originally registered August 10, 1992. The Certificate of
Possessory Title No. CPT 780064 dated August 10, 1992 appears in
Volume 2615 of the Register of Titles, Page 780064.
My courthouse examination was conducted on October 8, 1993 at
which time the Registrar of Titles files were posted to September
3, 1993 at 5:00 o'clock p.m.
My examination was supplemented by a review of a Judgment, Tax
Lien and Bankruptcy Search prepared by the Title Insurance
Company of Minnesota, Minneapolis, Minnesota on January 6, 1992
at 7:00 o'clock a.m. The searches so contained were supplemented
by a oral judgment and bankruptcy search conducted on August 25,
1992 at 7:00 o'clock a.m. and continued on October 12, 1993 at
which time the records searched were posted as of October 5,
1993, at 7:00 o'clock a.m.
REAL PROPERTY LAW SPECIALIST
CERTIFIED BY THE MINNESOTA STATE BAR ASSOCIATION
ROBERT MERRILL ROSENBERG
PROFESSIONAL ASSOCIATION
LAWYER
October 11, 1993
Page 2
From my examination I am of the opinion that as of September 3,
1993 at 5:00 o'clock p.m. good and merchantable title to the
above described property rests in:
Brent Richard Johnson and Shiann Johnson, husband and wife
as joint tenants,
The Memorials on the Certificate of Possessory Title in the
office of the Hennepin county Registrar of Titles disclosed the
following estates, easements, charges and unreleased
encumbrances, namely:
A Mortgage in favor Firstar Home Mortgage Corporation, a
Wisconsin Corporation, dated May 1, 1992, recorded June 1,
1992 as County Recorder Document No. 5918441, in the amount
of $107,000.00, which mortgage has been assigned to First
Wisconsin National Bank of Milwaukee, a United States of
America corporation by an assignment dated May 1, 1992, and
recorded June 1, 1992 as County Recorder Document No.
5918442. First Wisconsin National Bank of Milwaukee has
changed its name to "Firstar Bank Milwaukee, National
Association" effective as of September 14, 1992 as evidenced
by Certificate of the Comptroller of the Currency,
Administrator of National Banks, filed in the office of the
Registrar of Titles on April 1, 1993 as Document No.
2360585. (This instrument was filed as a memorial on the
Certificate of Possessory Title by this Examiner on October
8, 1993.) [It is noted that this mortgage encumbers only the
following described portion of the above real property:
Real Property in Hennepin County, Minnesota
described as:
That part of the West 206.98 feet of the East
3/8 of the Northeast Quarter of the Northwest
Quarter of Section 6, Township 117, Range 23,
Hennepin County, Minnesota, all lying
northerly of the South 870 Feet of the said
East 3/8 of the Northeast Quarter of the
Northwest Quarter and Southerly of the
Southerly right of way line of Hennepin
County R.oad No. 84. J
ROBERT MERRILL ROSENBERG
PROFESSIONAL ASSOCIATION
LAWYER
October 11, 1993
Page 3
A right-of-way easement over the West 16.5 feet of the
property under examination as contained in Book 1162 of
Deeds, page 421, county Recorder Document No. 1627850.
An easement for County Road No. 84, also known as Bayside
Road.
The rights of persons in possession, if any, and any rights
which would be disclosed by a survey, except as such rights
are limited by Minn. Stat. Sec. 508A.02 Subdivision 1.
An obligation to reconvey to Marks. Johnson and Patricia P.
Johnson, husband and wife as joint tenants, the following
described land:
That part of the East 3/8 of the Northeast Quarter of
the Northwest Quarter of Section 6, Township 117, Range
23, Hennepin county, Minnesota, lying North of the
South 870 feet thereof,
EXCEPT the East 30.0 feet of said East 3/8 of the
Northeast Quarter of the Northwest Quarter lying
Northerly of the South 870 feet and Southerly of the
Southerly right-of-way line of County Road 84
and also EXCEPT
The West 206.98 feet of the said East 3/8 of the
Northeast Quarter of the Northwest Quarter of
lying northerly of the South 870 feet thereof.
[I note that said reconveyance parcel is described as
Lot 2, Block 1 and Outlet A, of the proposed Johnson
Wheeler 1st Addition.)
Any rights or encumbrances which may be subsisting, as
specified in Minnesota Statutes Section 508A.25, and all
acts amendatory thereof.
In addition to the above described memorials, the ownership
of the property is subject to the following rights or
encumbrances subsisting as provided in Minnesota Statutes
Annotated, Section 508A.25 and all acts amendatory thereof:
' . ,
ROBERT MERRILL ROSENBERG
PROFESSIONAL ASSOCIATION
LAWYER
October 11, 1993
Page 4
1. Liens, claims or rights arising or existing under the
laws or the constitution of the United Sates, which the
state of Minnesota cannot require to appear of record;
2. The lien of any real property tax or special assessment
for which the land has not been sold at the date of the
. Certificate of Possessory Title;
3. Any lease for a period not exceeding three years when
there is actual occupation of the premises under it;
4.
5 •
All rights in public highways upon the land;
The rights of any person in possession under deed or
contract for deed from the owner of the Certificate of
Possessory Title;
6. Any liens, encumbrances, and other interests that may
be contained in the examiner's supplemental directive
issued pursuant to section 508A.22, subdivision 2;
7. Any claims that may be made pursuant to section 508A.17
within five years from the date the examiner's
supplemental directive is filed on the Certificate of
Possessory Title;
8. Any outstanding mechanics lien rights which may exist
under sections 514.01 to 514.17; and
9. any lien for state taxes.
. .
The following matters might encumber title though not
disclosed by the Certificate of Possessory Title, and their
existence can be ascertained only by inspection of the premises
and inquiry.
1. Mechanic's Liens for work or materials furnished for
improvements now in progress or completed within 120 days prior
to the date of the courthouse records search
2. Questions of survey and easements and encroachments
involving adjoining property; and,
ROBERT MERRILL ROSENBERG
PROFESSIONAL ASSOCIATION
LAWYER
October 11, 1993
Page 5
3. Zoning and use regulation imposed by law.
Real estate taxes for the year 1993 in the amount of
$2,029.02 were reported to me on October 8, 1993 by the telephone
operators of Hennepin County Taxation Department as paid in full.
Property I.D. Number 06-117-23 21 0001.
Judgments appear against parties with the names of "Brent
Johnson, Mark Johnson and Patricia Johnson." Affidavits of non-
identity which indicate that none of the Judgments shown are
against the parties with interests in the subject real property
were been obtained and reviewed by this examiner in connection
with my September 4, 1993 opinion to the City of Orono. The
Judgment searches dated as of January 6, 1992 were attached to
the earlier opinion as Exhibit A, and as noted, have been
supplemented by an oral searches through August 25, 1992 at 7:00
o'clock a. m. which revealed no additional judgments, tax liens
or bankruptcies, and an additional oral search through October 5,
1993 at 7:00 o'clock a. m .. The oral search report through
October 5, 1993 revealed no additional judgments, tax liens or
bankruptcies except one judgment against a "Mark Johnson" in
favor of Dal-Tile, Case No. DCDJ93-011486, entered August 10,
1993 in the amount of $5,122.97. This Judgment is not noted on
the Certificate of Possessory Title, and I am advised by Mr. Mark
S. Johnson, is against a party with a similar name and not
against him as the person entitled to reconveyance. An
affidavit of non-identity can be supplied to the City's counsel
on request. Affidavits of non-identity were attached as Exhibits
B & C to the Opinion submitted to the City on September 4, 1992.
The location of the original Owner's Duplicate Certificate
of Possessory Title was not determined for purposes of this
opinion.
This opinion has been prepared for the City of Orono in
compliance with Resolution of the City Council No. 3014, and its
use for any other purpose is prohibited.
Very truly yours,
1?o-&{~-~
Robert M. Rosenberg
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tn me i>ff"'""II)· known, who, l.,einr •ach by 111• duly ,.,,.,,n. -Cl.ty. ----·•-.. . . . ... ,li,I ,ay lh•I lhry arc re•p<clh·ely th•
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tion, •~" 1hat ,aid in~ru:'\•J1 wu sii:ne<f'and_ ~•l~d i' hehaU n( ":'!"Jo~yti<•,2 ~r authority u/ th 1 • .,,J uf. J._; < • .'t./Z..c..CiP.1..J...._ __
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a,·knotA:lett~d ~iJ in~tn.1nt"nt to be the free act an<l deed of .aid curpuration. f . .
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54
State-Bank of Mound
to
William H. A. Koehler
Eortense Koehler, wife,
';=;;:;:~1:-:1\>!?~\~ ~:\.
Dated. Apr .. I.r I927 , .. ,
as joint tenants
#-1417180
Filed· May-9, 19a7,. 2 :-l.S
Book 1088 of Deeds, page 97
Consideration, $1.00 etc. . ..., J. Commencing at the northeast
r;_'{ · 1 ,..... corner of the NE 1/ 4 of the
r NW 1/4 of Section 6-117-23;
thence south along the east line at· the east 1/2 of NW 1/4 of
Section 6-117-23, 1463.5 feet; thence west 446.4 feet; thence .
north to a point on the north line of the east 1/2 of the NW 1/4
of. Section 6-117-23, 446.4 feet west of the northeast corner of
said east 1/2 of NW 1/4 of Section 6-117-23; thence east to point
of beginning; all in and a part of Section 6-117-23. /
William H. A. Koehler
Hortense Koehler, wife
to
J. W. Peterson
Rose Peterson, wife,
or the survivor of
either thereof
11417181
Yortgage
Dated Apr. 1, 1927
Filed May 9, 1927, 2:15
Book 1500 of Mtgs., page 276
To secure payment of $1200.00,
due in 3 years, 6~ Semi.
Same premises as in {i:52. ·
State Bank of Yound Warranty Deed
to Dated Dec. 15, 1930
e~~~urtney Filed Jan. 3., 1931, 1:30 >5278~ Book 1162 of Deeds, page 421
___,,, -~ Consideration, $1.00 etc.
-r '
· That part of the NE 1/4 of the
NW 1/4 of Section 6-117-23, described as follows: Beginning at the
northeast corner of the SW 1/4 of the NE 1/4 of the NW 1/4 of ·
Section 6; thence west along the north line of the SW 1/4 of the
said NE 1/4 of NW 1/4 of Section 6 a distance of 18 rods more or
less;. thence south and -oarallel with the west line of said NE 1/ 4
of NW 1/4 to the south iine of said NE 1/4 of NW I/4 of Section 6;
thence east along the south line of the NE 1/4 of NW 1/4 of Section
6, 28 rods more or less; thence nort'h a distance of 48 rods more o:r
·1ess to a point 10 rods east of the west line of the NE 1/4 of NE 1/4
of NW 1/4 of Section 6; thence west 10 rods to the west line of said
NE 1/4 of NE 1/4 of NW 1/4 of Section 6; thence south to point of
beginning, all in and part of Section 6-117-23; containing 7 1/2
acres, more or less. . .:
ilso a perpetual :right of way over a strip · of land 8 1/ 4 feet wide .
on each side of a line drawn from a point on the north line of the
NW 1/4 of Section 6-117-23 distant 10 1/2 rods east of the northwest
corner of NE 1/4 of NE 1/4 of NW 1/4 of said Section 6; thence ~outh
a distance of 33 rods to a po int 10 1/2 rods east of the west line
of the NE 1/4 of NE 1/4 of. NW 1/4 of said Section 6-117-23.
Given to fulfill Contract for Deed between the above parties dated
March 15, 1930.
(Shown for ri~ht of way. Other instruments of like description not
shown hereon.} ·
() >t23GOSBS
-/-v
Comptroller of the Currency
Administrator of National Banks
Washington, D.C. 20219
CERTIFICATE
(!_~ ~r-fl -/-LQ_ ;r-_o..;,}Y. . <1.. (/6
I, SteU.en f,(_ Steinbrink, Acting Comptroller of the Currency, do
-.. ·hereby certify that the title of "First Wj~_$Consin National Bank of
Milwaukee", Milwaukee, Wisconsin, Charter No. 64, was changed to -----
"Firstar Bank Milwaukee, National Association", effective September
14, 1992.
-···~-... -.... ._ .. __ , __________ ... __ 4
IN TESTIMONY WHEREOF, I have hereunto
subscribed my name and caused the seal
of the Office of the Comptroller of
the Currency to be affixed to these
presents at the Treasury Department,
·in the City of Washington and District
of Columbia, this 23rd day of
February, 1993.
Acting Comptroller of the Currency
OFFICE OF THt RE:GISTRAB 1 e,_
OF TITLES
HENNEPIN COUNTY, MINNEscmr
CERTIFIED FILED ON.
APR -1 i993
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I ;
MINUTES OF THE REGULAR ORONO COUNCIL MEETING
HELD OCTOBER 11, 1993
ZONING FILE #1866, #1867, #1968
Joann Jundt, 1400 Brackett 's Point Road granting variances to Municipal Zoning Code Section 10 .22 ,
Subdivision 1 (B) and 2 to permit construction of an access stair with landing and lock box structure
for irrigation equipment, but without the deck in front of the irrigation structure with 4 x 4 Iandino
deck located 2 ' from the shoreline where a 75 ' setback would be required and resulting in a .60%""
hardcover where no hardcover is allowed. Ayes 3, Nays 2. Mayor Callahan and Councilmember
Jabbour voted nay.
#1868
Mabusth ex plained that applicant is requesting a conditional use permit to allow the continued use of
the detached guest house structure. There are no proposed improvements to the structure. She
explained further that applicant requests a change in the Resolution, page 2, Section 3b, where it says
"this structure would never remain as a principal structure" to be rewritten "it is unlikely that this
structure would remain as a principle structure".
It was moved by Jabbour, seconded by Callahan. to adopt Resolution #3343 as drafted for applicants
granting a Conditional Use Permit and accessory structure floor area variance to allow continued use
of the detached guest house structure with caretaker apartment. Ayes 5, Nays 0.
(#13) #1873 JACK EDWARDS, 1340 REST POINT CIRCLE -VARIANCES
RESOLUTION #3344
Mr. Edwards was present.
Mabusth explained that applicant proposes a multi-purpose two-level detached structure, and storage
addition , requiring street setback and hardcover variances. Applicant proposes to exchange new
structural hardco ver for removal of non-structural hardcover .
It was moved by Hurr, seconded by Goe*n, to adopt Resolution #3344 for applicant Jack Edwards ,
1340 Rest Point Circle granting setback and hardcover variances to permit the construction of an upper
level garage addition and lower level storage addition to the existing accessory structure . Ayes 5,
Nays 0.
(#14) #1663 MARK JOHNSON, 4465 BAYSIDE ROAD
A)
B)
REQUEST TO EXTEND EFFECTIVE PERIOD OF PRELIMINARY
SUBDIVISION APPROVAL -RESOLUTION #3345
FINAL PLAT APPROVAL -RESOLUTION #3346
Mabusth ex plained that the effective period of Preliminary Subdivision Approval expired in
September, 1992 and applicant could not file final plat approval as a result of circumstances beyond
applicant's control.
It was moved by Goetten, seconded by Jabbour, to adopt resolution #3345 for application Mark
Johnson , 4465 Bayside Road, granting an extension of the Effective Period of Preliminary Approval
for a Plat at 4465 Bayside Street.
It was moved by Jabbour, seconded by Callahan, to adopt Resolution #3346 approving the Plat of
Johnson Wheeler 1st Addition. Ayes 5, Nays 0.
6
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
APPLICATION NO. #1663
NOTICE OF COUNCIL ACTION
Date of Notice: October 14, 1993
-----------------------------------------------------------------
TO: Mr. and Mrs. Mark Johnson
4455 Bayside Road
Maple Plain, MN 55359
COPIES: Robert Rosenberg
Suite 2500
One Financial Plaza
120 South 6th Street
Minneapolis, MN 55402
-------------------------------------·--------------· ----------------------
TYPE OF APPLICATION: Final Plat
--------------------------------------------------·-----
DATE OF MEETING: October 11, 1993 VOTE: 5 FOR 0 AGAINST
------------------------------------------------------------
COUNCIL ACTION -MOTION:
To approve per the findings and conditions of the resolution previously mailed to you.
The City of Orono has yet to receive the updated Title Opinion from Mr. Rosenberg. The plat
cannot be filed until the City is in receipt of the Title Opinion. As soon as the City is in receipt
of this updated opinion, the plat will be submitted to the City Attorney's office for filing. It will
be your responsibility to see that the Owners' Duplicates are on file at the Registrar of Titles
Office so that the subdivision transaction can be completed.
Please contact Jeanne Mabusth at 473-7357 if you have any further questions concerning
the review of your application.
lsv
To:
From:
Date:
Orono Planning Commission Members
Mayor Callahan and Orono Councilmembers
Ron Moorse, City Administrator
Jeanne A. Mabusth, Building & Zoning Administrator
October 4, 1993
Subject: #1663 Mark Johnson, 4465 Bayside Road
A. Extension of Effective Period of Preliminary Subdivision Review
B. Final Subdivision Approval
List of Exhibits
A -Resolution -Approval of Extension
B -Resolution -Final Plat Approval
C -Resolution No. 3014 -Original Preliminary Plat Approval Resolution
D -Final Plat Drawing
E -Robert Rosenberg, Applicant's Attorney, Letter of October 1, 1993
F -Demolition Permit
G -Preliminary Site Plan
A. Extension of Effective Period of Preliminary Subdivision Review
Review Exhibit E, the applicant's attorney requests an extension of the preliminary
subdivision approvals' effective time period. Per Section 11.10, Subdivision 15, the subdivision
regulations allow for a one year date for preliminary subdivision approval. . Per that same
section, the City may extend the period by agreement with the subdivider subject to all
applicable performance conditions and requirements. The City has extended the effective period
of preliminary subdivision approval for residents who subdivide their property when
circumstances beyond their control created deiays as in this case. The City has also extended
the effective period of preliminary subdivision approval for developers where subdivisions were
located either within or adjacent to the potential expansion corridors for Highway 12.
Please review Exhibit E, applicant's attorney has provided a very complete summary of
the events since preliminary subdivision approval on September 9, 1991.
If Council denies this request, applicant will be requied to file a new preliminary plat
application. The original public hearings held on July 15 and August 19 of 1991 generated no
public interest. The Planning Commission recommended unanimous approval and on September
9, 1991 the Council voted unanimous approval. The Park Dedication Fee of $2,544 has been
paid as well as all other outstanding fees. Applicant has obtained the necessary demolition
permit to complete the removals of the lean-to addition and shed attached to the existing barn
(review Exhibits F and G). The property is located in the outer extremities of the shoreland area
of Lake Minnetonka (North.Arm Bay). The existing septic systems are both conforming.
Zoning File #1663
October 7, 1993
Page 2
Options of Action
To deny applicant's request for an extension of the effective period of preliminary
subdivision approval and to require applicant to file a new preliminary subdivision application
with the City;
OR
To adopt the enclosed resolution extending the effective period of preliminary subdivision
approval.
B. Final Plat Approval
The applicant has completed all conditions set forth in the preliminary subdivision
approval resolution, Resolution 3014. The enclosed resolution has been drafted per the original
directives set forth in that preliminary subdivision resolution and may be acted on by Council
if the effective period of preliminary subdivision approval is extended.
lsv
A RESOLUTION GRANTING AN EXTENSION
OF THE EFFECTIVE PERIOD OF PRELIMINARY APPROVAL
FORA PLAT AT
4465 BAYSIDE STREET
-FILE NO. 1663
WHEREAS, on September 9, 1991 the City Council of the City of Orono adopted
Resolution No. 3014 granting preliminary approval for a plat proposed by applicant, Mark
Johnson, at 4465 Bayside Road; and
WHEREAS, the effective period of preliminary plat approval would normally
expire one year after the adoption of Resolution No. 3014, such expiration date being September
9, 1992; and
WHEREAS, in an attempt to fulfill the conditions of preliminary plat approval,
the applicant chose to file for a torrens title of registration of the property which process was
expected to be completed within a few months from November of 1991; and
WHEREAS, in early 1992, the torrens title had to be amended to include the
interests of Brent Johnson, applicant's brother; and
WHEREAS, on September 14, 1992 the torrens action was completed and
because of changes that had taken place in the status of the title, original mylars were no longer
accurate and needed to be replaced along with new signatures that were not completed until
September of 1993; and
WHEREAS, applicant's attorney requested in writing that the effective period of
preliminary plat approval be further extended to accommodate the filing of the final plat which
request was submitted on October 1, 1993.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Orono that the effective period of preliminary plat approval for Mark Johnson's proposed plat
for the property located at 4465 Bayside Road as approved per the conditions of Resolution No.
3014 be extended to October 11, 1993.
Page 1 of 2
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 11th day of October, 1993.
ATTEST:
Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of
October, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
Notary Public
Page 2 of 2
A RESOLUTION APPROVING THE
PLAT OF JOHNSON WHEELER 1ST ADDITION
FILE NO. 1663
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted subdivision
regulations for the orderly, economic and safe development of land within the City; and
WHEREAS, the City Council has considered this application for a subdivision
of a plat by Mark Johnson, the subdivider (hereinafter "the subdivider"); and
WHEREAS, on September 9, 1991, the City Council approved Resolution No.
3014 granting preliminary approval for the plat of the property located at 4465 Bayside Road;
and
WHEREAS, on October 11, 1993, the City Council adopted Resolution No.
___ granting an extension of the effective period of preliminary subdivision approval to
October 11, 1993; and
WHEREAS, the proposed subdivision has been found to meet all standards of the
RR-lB Rural Residential Zoning District finding that each lot is of a size and configuration that
will allow the continued use of the developed lot for single family residence use and the
undeveloped lot to be fully developed without the need of any variances; and
WHEREAS, the subdivider has completed all requirements of the platting
regulations of the City, including:
1. Completion of all the requirements of Resolution No. 3014.
2. Dedication on the plat of right-of-way for a public road shown at Bayside Road.
3. Dedication on the plat of drainage and utility easements.
Page 1 of 3
4. Creation of Outlot A that is not contiguous with Lots 1 and 2 and is divided from
the remainder of the property by a County road. Said lot shall be designated as
an unbuildable lot and available for combination with adjacent residential
properties on north side of County Road 84 or Bayside Road.
5. Payment to the City of a Park Dedication Fee in the amount of $2,544.00.
6. Payment to the City for the legal review and filing of the plat, and other
documents in the amount of $150.00.
7. Payment to the City for the final plat application fee at $150.00.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono
hereby approves the plat of Johnson Wheeler 1st Addition, Hennepin County, Minnesota, subject
to the following conditions:
1. Access to Lot 1 shall remain via an existing driveway that serves the existing
residence.
2. Access to Lot 2 shall be achieved via an existing private drive along the east side
of the property owned by the applicant. Upon the sale of Lot 2, applicant shall
grant an access easement in favor of Lot 2. Such access must be located at the
extreme southeast comer and to extend no further north than 25' in order to
maintain a 20' separation setback from the principal drainfield site.
3. The 30.4' x 18.4' barn on Lot 2 shall be removed by October 11, 1994 if a
building permit has not been issued for residential construction by that date.
4. The aforesaid plat 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 11,
1994 together with a certified original copy of this resolution and executed copies
of either easements or covenants noted above.
Page 2 of 3
The approval granted by this resolution shall expire if the plat cannot be filed by the date
specified above. In that event it will be necessary to file a new application with the City of
Orono for subdivision review. Dated this 11th day of October, 1993.
ATTEST:
Dorothy M. Hallin, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Edward J. Callahan, Mayor
The foregoing instrument was acknowledged before me on this 11th day of October, 1993
by Edward J. Callahan and Dorothy M. Hallin, 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 3 of 3
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3014
A RESOLUTION GRANTING
PRELIMINARY APPROVAL FOR A PLAT AT
4465 BAYSIDE ROAD
FILE NO. 1663
WHEREAS, Mark Johnson (hereinafter "the applicants") on June
21, 1991 filed a formal subdivision application with the City for
approval of a 2 lot residential pl~t of property legally described as
follows:
Refer to Exhibit A, attached (hereinafter "the property") and;
WHEREAS, after due published and mailed notice in accordance
with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning
and Subdivision Regulations, the Orono Planning Commission held public
hearings on July 15, 1991 and August 19, 1991 at which times all
persons desiring to be heard concerning this application were given
the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on September 9, 1991
the Orono City Council considered the subdivision application of Mark
Johnson, noting the following findings of fact:
1. The property is located within the RR-lB Rural Single Family
Residential Zoning District requiring a minimum of 2 acres
of contiguous dry buildable land within each newly created
lot.
2. The property contains a total of 4.41 acres.
3. The proposed plat contains 2 lots each meeting or exceeding
the 2 acre minimum lot area requirement.
4. Septic testing for Lots 1 and 2 have confirmed there is
adequate area for both principal and alternate on-site
sewage treatment sites.
5. All existing structures meet the required setback from the
newly defined division line.
6. All lots have been designed so that they meet all lot
standards of the RR-lB Zoning District.
Page 1 of 4
Required Improvements
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3014
Applicant shall agree to demolish/remove the 12.3' x 16.4' shed
and 40.5' x 22' lean-to/pole barn additions from the existing original
barn by November 9 , 1991. Applicant must obtain a demolition
permit for the removal of these additions.
NOW, THEREFORE BE IT RESOLVED, that based upon one or more
of the findings noted above, the City Council of the City of Orono
hereby approves the preliminary plat application for Mark Johnson for
the property located at 4465 Bayside Road per the survey revised June
24, 1991 by All Metro Land Surveyors, subject to the following
conditions:
1. The 30.4' x 18.4' barn on proposed Lot 2 shall be removed
within one year from the date of final plat approval if a
building permit has not been issued for residential
construction by that date.
2. Access to Lot 2 shall be achieved via an existing private
drive along the east side of the property. Access must be
located at the extreme southeast corner to extend no further
north than 25' in order to maintain a 20' separation setback
from the principal drainfield site.
3. Outlet A shall be designated as an unbuildable lot and
available for combination with adjacent residential
properties on north side of County Road 84. It should be
noted that Outlot A is not contiguous with Lots 1 and 2 and
is divided from the remainder of the property by a County
road.
4. Upon preliminary approval of this subdivision, staff is
directed to submit the subdivision application to the City
Assesor so that a park fee can be determined. The park fee
is based on 8% of the current market value of the property
in an undeveloped state. Payment of park fee shal 1 be due
upon the filing of the final plat application.
5. Future owner of Lot 1 is placed on notice that existing
residence does not qualify for duplex use per Orono
Municipal Code Section 10.28, Subdivision 3 (A). The
present finished habitable area in the lower level of the
residence does not qualify for sleeping room/bedroom use.
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_0_1_4 ___ _
6. Per Section 11.10, Subdivision 15 of the subdivision
regulations of the Municipal Code, preliminary subdivision
approval is effective for one year from the date of this
approval {September 9, 1992). Failure to file a complete
final subdivision application within this time period shall
be construed as formal withdrawal of the proposed
subdivision.
FINAL PLAT SOBMI'TTALS
The following list of final submittals must be submitted to the Zoning
Administrator two weeks prior to the regularly scheduled Council meeting on
the second and fourth Mondays of the month:
A. RECORD PLAT drawings in the form of two (2) mylar copies and
one (1) copy reduced to 1"=200'. Drawing to include:
a) Lot lines platted per preliminary survey by All Metro
Land Surveyors, revised date June 24, 1991.
b) Dedication of "drainage and utility easements" 10' wide
along all perimeter property lines and 5' each side of
internal property lines.
c) Property on north side of County Road to be designated
as Outlet A.
B. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. All owners,
mortgage holders or others with property interest
indicated therein shall sign the plat and all other
documents affected by such interest.
b) The applicant must provide certified copies of all
recorded easements currently affecting the property.
C. FEES TO BE PAID: Total Due $300.00 + Park Fee
a) Park dedication fee to be determined by City Assessor
based on 8% of total property in undeveloped state.
Applicant will be advised as soon as the City Assessor
has submitted his determination.
Page 3 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_01_4 ___ _
b) Final plat fee of $150.00
c) Legal review and filing fees of $150.00
Adopted by the City Council of the City of Orono, Minnesota
at a regular meeting held this 9th day of September, 1991.
~(?~~
Barbara A. Peterson , Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
9th day of September, 1991, by Barbara A. Peterson & Dorothy M.
Hallin , Mayor & City Clerk of the City of Orono , a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
LINDA S . VEE
NOTARY PUBLIC -MINNESOTA
H ENNEP IN COU NTY
M y co mmi ssion expires 8-12-96
~.Jl.tuu-· NotryPublic
Page 4 of 4
RESOLUTION #3014
EXHIBIT A
Legal Description:
That part of the East 3/8 of the
Northeast 1/4 of the Northwest 1/4 of
Section 6, Township 117, North Range 23,
West of the 5th Principal Meridian,
lying North of the South 870.0 feet
thereof, EXCEPT therefrom the East 30.0
feet lying South of the County Road
Number 84, according to the United
States Government Survey thereof and
situate in Hennepin County, Minnesota.
... ~.. ...
STATE OF MijNESOTA )
--)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #3014
I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
fore.-going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on September 9 , 19 91 and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
I n W i t n e s s W he r e o f , I ha v e her e unto s e·t my ha n d and s e a 1 th i s
17th , day of September , 1991 ---
(SEAL)
ROBERT MERRILL ROSENBERG
PROFESSIONAL ASSOCIATION
LAWYER
October 1, 1993
city of Orono Minnesota
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55353-0066
Attn: Ms. Jeanne A. Maybusth
Building and Zoning Administrator _
Re: Plat at 4465 Bayside Road
Resolution No. 3014.
Dear Ms. Maybusth,
SUITE 2500
ONE FINANCIAL PLAZA
120 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402
FACSIMILE 349-9962
TELEPHONE 349-5290
AAEACODE612
Thank you again for your courtesy in our recent phone
conversation concerning my request that the Council extend the
expiration date of this Resolution to permit the presentation of
the final plat of two residential lots (one already developed)
and an outlet.
I represent Mr. and Mrs. Mark Johnson, who are in the process of
splitting a 4.41 acre parcel at 4465 Bayside Road into two lots.
Through circumstances not fully within the Johnson's control, and
the presentation of the final mylars of the plat for approval has
taken longer than initially anticipated.
The application to split the property was made in the summer of
1991 and a public hearing held before the planning commission in
July of that year. The proposal was approved, and presented to
the Council which gave preliminary approval to the plat at its
meeting of September 9, 1991. That preliminary approval was to
expire one year later.
Concurrent with the plat approval process, a decision had been
made to Torrens the property under the new "Certificate of
Possessory Title" procedure prior to the actual filing of the
plat. That proceeding was filed on November 29, 1991, and as .the
new proceeding does not require a district court judgment, it was
anticipated that it would be completed within a few months.
REAL PROPERTY LAW SPECIALIST
CERTIFIED BY THE MINNESOTA STAT.E BAR ASSOCIATION
ROBERT MERRILL ROSENBERG
PAOF'ESSIONAL ASSOCIATION
LAWYER
October 1, 1993
Page 2
In early 1992, Mr. and Mrs. Brent Johnson, who were buying the
existing house on the property obtained a mortgage commitment.
This necessitated Mr. and Mrs. Mark Johnson conveying the fee
interest in the property (which had been subject to a contract
for deed) so that financing could be placed on the residence.
The finance transaction also necessitated an amendment to the
Torrens application to reflect the changes in ownership and
lenders.
These necessary changes to the Torrens application were made and
the proceeding resumed, with a final directive being issued on
September 14, 1992 (a few days after the resolution expired).
Because of the changes that had taken place in the status of
title, the original mylars were no longer accurate, and it took
an additional 8 months after the conclusion of the Torrens matter
for the surveyor to complete the necessary changes in the plat
dedication as to ownership and secured parties. ·
The revised mylars were finally completed and the fee owner's
signature obtained in April of 1993. The new lender's home
office is in Milwaukee, and Mr. Johnson was at a disadvantage in
obtaining the lender's signature as no one in the lender's local
office was available to sign the plat on behalf of the bank.
Faced with this difficulty, Mr. Johnson again contacted my
office, and I located the parties authorized to sign the plat
through the Bank's corporate counsel in Milwaukee, and made
arrangements for the Plat to be delivered to Milwaukee and
returned.
Following signature by the lender, the plat was also signed by
the surveyor, and is now ready for submission to the council,
however we are clearly beyond the period for the preliminary
approval resolution.
It is my understanding that the Johnsons timely paid the $300
Final Plat and Legal Review Fee, and have paid in full the
$2,544.00 Park Dedication Fee. The requirements of the
preliminary plat approval have been complied with, and the
applicants are ready to submit any further final documentation,
if any, that may be required. ·
ROBERT MERRILL ROSENBERG
PROFE"SSIONAL ASSOCIATION
LAWYER
October 1, 1993
Page 3
In conclusion, on behalf of Mark and Pat Johnson I would
respectfully request that the City extend expiration date of
Resolution 3014 for the preliminary plat approval so that the
final plat may be submitted and approved without the need of
further hearings before the planning commission.
Very truly yours,
1:?Jd-M. ~~ {u,J'Z
Robert M. Rosenberg
cc: Mr. and Mrs. Mark Johnson.
CITY OF ORONO
i335 Brown Rd. South • P.O. Box 66
Crystal Bay, Minnesota 55323
(612) 473-7357
SITE ADDRESS:
PERMIT TYPE:
Permit Number:
Date Issued:
BUILDING
00428:3
04/24/92
446.S BAYSIDE RD
t LSV
;I P.I.N.: 06-117-23-21-0001 i :,
DESCRIPTION:
REMARKS:
DEMO BARN·
Bui ldi n•3 Permit;·;Type
Building Work _Type
DEMO-ACCESSORY
DEMO-ACCESSORY
FOUNDATIONS SHALL BE COMPLETELY REMOVED FROM THE GROUND.
FEE SUMMARY:
Base Fee
Surcharge
Tc,t.al Fee
CONTRACTOR:
$~:o.oo __________ i_._:5.Q
$:30 . .SO
OWNER: .JOHNSON
4455
ORONO
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-Applicant. -
MARK
BAYSIDE RD
MN S.S:3.S9
(612)472-227€,
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GENERAL NOTES
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Denotes
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iron monument
existing spot elevation
proposed spat elevation
sanitary sewer
watermain
-ss-Denotes storm sewer
if Denotes coniferous tree
~J!) Denotes deciduous tree
-op-D t . eno es overhead power lines
Sal,d contour lines denotes existing features
LL:CA I. iJ[;SCk l .!.:'l_'_l c.!_/',_-
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s qu,,,e f t'et -..J .4 1 a ,:n•s
Sep 04,1992 10:41AM FROM Rosenberg Law Office TO 473 0510 P.02
ROBERT MERRILL ROSENBERG
LAWYl:H
2500 FIRST BANK PLACE WEST
120 SOUTH SIXTH STFiFFT
MINNEAPOLIS, MtNNCSOT,\ 55402
September 4, 1992
City of Orono Minnesota
Municipal Offices
Post Office Box GG
Crystal Bay, Minnesota 55353-0066
Re: Plat at 4465 Bayside Road
FACSIMILE 341l-'il'il62
T f. 1. C P I I Q N C 3 4 9 -5 2 >l 0
AREACODE612
I have made an examination of an Original in-process Certificate
of Possessory Title and appropriate instruments of title and
Examiner's Directives on file in the office of thQ HQnnQpin
County Registrar of Titles (and County Recorder) covering the
following described property in Hennepin County, Minnesota:
That part of the East 3/8 of the Northeast Quarter of
thQ Northw~st Quart~r of S~ction 6, Town~hip 117, Rang~
23, Hennepin County, Minnesota, lying North of the
South 870 feet thereof, EXCEPT therefrom the East 30.0
feet lying south Of county Road 84, according to the
United States Government Survey thereof.
This land is Registered under the Torrens System and was
originally registered August 10, 1992. The Certificate of
Possessory Title No. CPT 780064 dated August 10, 1992 appears in
Volume 2615 of the Register of Titles, Page 780064.
My courthouse examination was conducted on August 31, 1992 at
which time the County Recorder's office files were posted to
August 11, 1992 at 7:00 o'clock a.m. and the Registrar of Titles
files were posted to August 11, 1992 at 7:00 o'clock a.m.
My examination was supplemented by a review of a Judgment, Tax
Lien and Bankruptcy Search prepared by the Title Insurance
Company of Minnesota, Minneapolis, Minnesota on January 6, 1992
at 7:oo o'clock a.m. The searches so contained were supplemented
by a oral judgment and bankruptcy search conducted on August 31 1
1992 at which time the records searched were posted as of August
25, 1992 at 7:00 o'clock a.m. ·
REAL PROPERTY LAW SPECIALIST
/.'.lsHIIJ-Jl-ll HY IHI-IIAINNJ-~:O!A !-:!All-!SAi-! A!':!':0('.'.IArlON
Sep 04,1992 10:41AM FROM Rosenberg Law Office
ROBERT MERRILL ROSENUERO
LAWY!-H
September 4, 1992
Page 2
TO 473 0510
From my examination I am of the opinion that as of August 11,
1992 at 7'00 o'clock ~.m. good and merchantable title to the
above described property rests in:
Brent Richard Johnson and Shiann Johnson, husband and ~ife
as joint tenants,
The Memorials on the Certificate of Possessory Title in the
office of the Hennepin County ~egistrar of Titles disclosed the
following estates, easements, charges and unreleased
encumbrances, namely:
A Mortgage in favor Firstar Home Mortgage Corporation, a
Wisconsin Corporation, dated May 1 1 1992, recorded June 1 1
1992 as County Recorder Document No. 5918441, in the amount
of $107,000.00, which mortgage has been assigned to First
Wisconsin National Bank of Milwaukee, a united states ot
America corporation by an assignment dated May l, 1992, and
recordGd June l, 1992 as County Recorder Document No.
5918442. (It is noted that this mortgage encumbers only the
following described portion of the above real property;
Real Property in Hennepin County, Minnesota
described as:
That part of the west 206.98 feet of the East
3/8 of the Northeast Quarter of the Northwest
Quarter of Section 6, Township 117, Range 23,
Hennepin county, Minnesota, all lying
northerly of the south 870 Feet of the said
East 3/8 of the Northeast Quarter of the
Northwest Quarter and Southerly of the
southerly right of way line of Hennepin
County Road No. 84.J
A right-of-way easement over the West 16.5 feet of the
property under examination as contained in Book 1162 of
Deeds, page 421, County Recorder Document No. 1627850.
An easement for County Road Ne. 84, also known as Bayside
Road.
P.O3
Sep 04,1992 10:42AM FROM Rosenberg Law Office
ROBERT MeRRTLL ROSENBERCl-
LAWYER
September 4, 1992
Page 3
TO 473 0510
The rights of persons in possession, if any, and any rights
which would be disclosed by a survey, except ~s such rights
are limited by Minn. Stat. Sec. 508A.02 Subdivision l,
An obligation to reconvey to Marks. Johnson and Patricia P.
Johnson, husband and wife as joint tenants, the following
described land:
That part of thQ ~ast 3/8 of the Northeast Quarter of
the Northwest Quarter of Section 6, Township 117, Range
23, Hennepin County, Minnesota 1 lying North of the
south 870 feet thereot,
EXCEPT the East 30.0 feet of said East 3/8 of the
Northeast Quarter of the Northwest Quarter lying
Northerly of the South 870 feet and Southerly of the
Southerly right-of-way line of county Road 84
and also EXCEPT
The Wg~t 206.98 f~~t of the said East 3/8 of the
Northeast Quarter of the Northwest Quarter of
lying northerly of the South 870 feet thereof.
(I note that said reconveyance parcel is described as
Lot 2, Block 1 and outlot A, of the proposed Johnson
Wheeler 1st Addition.)
A mortgage in favor of Norwest Bank Minnesota, National
Association, dated March 1, 1988, recorded March 7, 1988 as
County ~ecorder Document No. 5383560 1 in the original amount
of $80,000.00. (While not as yet reflected in the
Examiner's Supplemental Directive (which is still pending)
my vault search reveals that this mortgage was satisfied by
county Recorder Document No. 5943659, dated June 24, 1992
and reoord~d July 20, 1992, and accordingly is no longer an
encumbrance on the real property.)
Any rights or encumbrances which may be subsisting, as
specified in Minnesota Statutes Section 508A.25, and all
acts arnendatory thereof,
In addition to the above described memorials, the ownership
of the property is subject to the following rights or
P. f14
Sep 04,1992 10:42AM FROM Rosenberg Law Office
ROBERT MERRILL ROSENBERG
L AWYrn
September 4, 1992
Page 4
TO 473 0510
encumbrance~ subsisting as provided in Minnesota statutes
Annotated, Section 508A.25 and all acts amendatory thereof:
1. LiAns, claims or rights arising or existing under the
laws or the constitution of the United Sates, which the
state of Minnesota cannot require to appear of record;
2. The lien of any real property tax or special assessment
for which the land has not been sold at the date of the
Certificate of Possessory Title;
3. Any lease for a period not exceeding three years when
there is actual occupation of the premises under it;
4. All rights in public highways upon the land;
5. The rights of any person in possession under deed or
contract for deed from the owner of the Certificate of
Possessory Title;
b, Any liens, enoumbrnneee, nnd other interests that may
be contained in the examiner's supplemental directive
issued pursuant to section 508A.22, subdivision 2;
7. Any claims that may be made pursuant to section 508A.17
within five years from the date the examiner's
supplemental directive is filed on the Certificate of
Possessory Title;
8. Any outstanding mechanics lien rights which may exist
under sections 514.01 to 514.17; and
9. any lien for stats taxes.
The following matters might encumber title though not
disclosed by the Certificate of Possessory Title, and their
existence can be ascertained only by inspection of the premises
and inquiry.
1. Mechanic's Liens for work or materials furnished for
improvements now in progress or completed within 120 days prior
to the date of the courthouse records search
P.iz15
Sep 04,1992 10:43AM FROM Rosenberg Law Office
ROBERT MERRILL ROSENUERG
LAWYtG
September 4, 1992
Page 5
m 473 0s10
2. Questions of survey and easements and encroachments
involving adjoining property; and,
3. Zoning and use regulation impos~d by law.
Real estate taxes for the year 1992 are reported paid in
full in the amount of $1,781.44, Property I.D. Number 06-117-23
21 0001.
Judgments appear against parties with the names of "Brent
Johnson, Mark Johnson and Patricia Johnson." Affidavits of non-
identity which indicate that none of the Judgments shown are
against the parties with interests in the subject real property
have been obtained and reviewed by this exdminer. The Judgment
searches dated as of January 6, 1992 are attached hereto as
Exhibit A, and as noted, have been supplemented by oral searches
through August 25, 1992 at 7:00 o'clock a. rn. which revealed no
additional judgments, tax liens or bankruptcies. The affidavits
of non-id9ntity are attached as Exhibits B & c.
The original owner 1 s Duplicate Certificate of Possessory
Title is in process of creation at the Hennepin County
Courthouse.
This opinion has been prepared for the City of Orono in
compliance with Resolution cf th~ City Council No. 3014, and its
use for any other purpose is prohibited.
Very truly yours,
cc: Nancy Husik, Attorney at Law
Popham Haik Law Firm
P.06
Sep 04,1992 10:43AM
HJ Bf/>,
FROM Rosenberg Law Office rn 473 0s10
VERI~ltD DY_Jtl~---~----
CERTIFICATE ON JUDGMENT LIENS, BAN~RUPTCY DOCKETS, FtDERAL TAX I,TP.NS,
AND S'l'ATt TAX LIENS
THE COMPAN'l HEREBY CERTIFIES THAT IT HAS MADE A SEARCH OF 'I'HE! JUDGMENT LIENS,
6ANKRUP'l'CY DOCKE;'l'S, Fl:;U.t:l<AL 'l'AX LIEN AND STATE TAX LIEN RECORDS IN THE
FOLLOWING NAMED OF~ICES!
DISTRICT COURT, FOURTH JUDICIAL DISTRICT, HENNEPIN COUNT¥1 MINNESOTA,
UNITED S'11J\'I'ES DISTRICT COURT, DHl'I'.RlCT OF MINNESOTA, FOURTH D!V:ts;ION 1
COUNTY RECORDER, HENNEPTN COUNTY, MINNESOTA,
AND FINDS NO UNSATISFIED JUDGMENTS, NO BANKRUf>'l'C'i PROCEEDINGS INITIATED, NO
UNSA'I'ISFIED NOTICES OF FEDERAL TAX LIENS, AND NO UNSATtSFIED NOTICES OF ST~~'F.
TAX LIENS APl?:eARING THEREIN AGAINST THE NAMES HEREON BETWEEN TUE DA'I'ES SET
OPPOSITE THE RESPECTIVE NAMES, EXCEPT AS SHOWN Hl!:R~ON. DATES ARE AS OF
7 AM.
NAMES LISTED BELOW ARE FULL GIVEN NAMES AS SHOWN OF RECORD. WHERE AN
INDIVIDUAL IS IDENTIFIED OF RECORD BY VARIATIONS IN HIS, HER, OR !T'S NAME,
SEARCHF.S HAVF, F!EEN MADE AS TO ALL SUCH Nil.MES APPEARING OF RECOfl.O, SEJ\RCIIES
PERFORMED INCLUDE IDEM SONANS NAMES, COMMON ABBREVIATIONS, ACCEPTED
DERIVATIVES AND NICKNAMES. HOWEVER, NO SEARCH IS MADE As TO ANY NAME HAVING
A MIDDLE INITIAL DIFFEREN 1r FROM THAT SHOWN IIEREON.
THE AMOUNTS SHOWN BELOW ARE 'l'IIE INITIAL JUDGMENT AMOUN'1'S AS SHOWN IN THE
DOCKET BOOKS MAINTAINED IN TUE On"ICE OF THE CLERK OF COUR'l', A.NO MAY NOT
REPRESEN'r ADDl'rlONAL CO~'l'S SUCH AS FILING FEES, ATTORNEY I S FEES OR ADDITIONAL
INTEREST. 'l'H!: COMPANY' DOES NOT REPRESENT THAT THE AMOUNT SHOWN HEREON IS THE
FIGURE THAT MUST BE PAID TO THE JUDGMENT CREDITOR FOR SATISFACTION OF ANY
cu~u .!UOCMENT.
AN'l FEDERAL JUDGMENTS SHOWN BELOW HAVE BEEN EXTENDED TO INCLUDE ALL THOSE
DOCKETED ON OR AFTER MAY 29, 1981, TO F.NS::tnU:: 'rllAT SEARCHES ARE DONE IN
ACCORDANCE WITH THE FEDERAL DEll 1r COLLECTION ACT, U.S. C. CUAl;>TER l 7 6.
BANKRUPTCY SEARCHES DO NOT R~FLECT DISMISSALS, DISCllARG~S OR OTHER
DISPOSITION AF'l'ER '!'HE lN1'1'1AL 1''1LlNG OF THE BANKRUPTCY PETI'1'ION, WHICH
INFORMATION MUST BE: OBTAINED FROM 'l'llE aANKRUPTCY COURT. ltiV. 06/91
NAME FROM DATEf"" TO DATE:
BROOKS, KENN E'l'U, C DECEMBER 03,1981 JANUARY 03,1992
BROOKS, KENNE'rH, C MRS OF.CF.MBRR Oj,1981 JANUARY 03,199~
BROOKS,30AN,M DECEMBER 03, H81 JANUARY 03,1992
JOHNSON,MARK,s DECEMBER 03,1981 JANUAlU 03,1992
~OHNSON,MARK,S MRS DECEMBER 03,1981 3ANUA'.RY 03,1992
JOHNSON, PA'l'lUt:lA, I? DECEMBER 03,1981 JANUARY 0:l,1~92
JOHNSON,ERENT,RICHA.RD DECEMBER 0.3,1981 JANUARY 03,1992
JOHNSON,BRENT,RICHARD MRS DECEMBER 03, 19B1 JANUARY 03, 1992
.:J'OtlNSON,SHIANN OE:CE:MBER o:,, .1.gs 1 JANUARY 03,1992
---EXC!PT AS FOLLOWS---
MARTIN N !.J\TURNUS AND HELEN G LATUR
NUS
vs
BROOKE, K.t;.N
COOP NEIGHBOn SERVICES INC
vs
BROOKS,Kl!:NNETH
SOLON Sl=>RING$ TELEPHONE CO
vs
JOHNSON,MARK
.'.JUDGMENT
DATED: 08/23/90
DOCKETED: 09/25/90 IN DISTRICT COURT
CASE No.: 90-16938
AMOUNT: $ 4 Hi • 0 0
JUDClMENT
DATED: 12/28/90
DOCKETED: 12/28/90 IN DISTRICT COURT
CASE NO.! 00-22756
AMOUNT: $3,711.10
JUDGMENT
DATED! 09/13/84
DOCKETED: 09/20/B4 IN DISTRICT COURT
CASE NO.: 84-14109
AMOUNT: $3:)4.'78
PACE 1 EXM~D!T _ft __
F'.l]7
Sep 04,1992 10:44AM
l!JBF,S,
FROM Rosenberg L~" Office TIJ 473 0510
ttORTII STAR COLLECTION SERV INC
vs
J"OHNSON,MARK
BONNIE KAY FAIIJE
vs
.;rontl!lON, MAnR
MONTOGMERY WARD
vs
jQHNSON,MARK
lN RE:
BANKRUPTCY OF
JOHNSON 1 MARI<
!U.NKRUPT
I,ESLlE PAPER COMPANY
vs
.JOHNSON,MARK
OAKDALE PEDIATRIC AND ADOLESCEN 1r CO
NSU!.'l'ANTS LTD
vs
JO!iNSON,MARK
MANOR CONCRETE CONSTRUC'rlON lNC
vs
JOHNSON,MARK
nl RE!
BANKRUPTCY OF
.JOHNSON,~ATRICIA
BANKRUPT
F~EEWAY DODGE INC
vs
JOIINSON,FATRJ:Cl'.A
WUNDER KLEIN DONOHUE COMl?ANY A DELA
WAR~ CORPORATION
vs
.101-!NSON,PAT
ITT F:INANCIAt SX~V!CES
vs
JOHNSON,BRENT
l'.'1"r FINANCIAL SERVICES
vs
JOHNSON,BRENT
VERIFIED
JUDGMENT
DATED: 05/20/85
DOC~ETED: 05/20/85 IN OISTRICT COURT
CASE NO,: 85-077io
AMOUNT: $513,90
JUDGMENT
DATED: 04/1.9/86
noCKZTED: 05/14/86 IN DISTRTCT coua~
CASE NO.: 86-8139
AMO!JNT: $429. 00
JUDGHEN'l'
DATED: 09/25/H
DOCKETED; 09/25/86 IN DISTRICT COURT
CASE NO.: 86-15920
AJ,IOUNT: $842, 94
PETITION IN ~ANKRUPTCY
FILED: 04/03/89
CASE NO,: 4-89BK1462
DISCHARG~O 07/10/89
JUtJGMENT
DATEO: 12/28/89
DOCKETED; 04/0~/90 IN DI~TRlC~ COURT
CASE NO.: go-5669
AMOUNT; $2,353.02
JUDGMENT
DATED: 12/24/90
DOCKETED: 04/01/91 IN DISTRICT COURT
CASE NO,: 91-5616
AMOUN'l'! $565. 68
JUDGMEN'l'
DATED: 04/30/91
DOCKETED: 08/15/91 IN DISTRICT COURT
CASE NO.t ~1-14113
AMOUNT: $2,524.00
PETITION IN BANKRUPTCY
FILED: 06/10/82
CASE NO.: 4-82BKl035
DISCHARGED 10/07/82
JUtJGMENT
OA'l'ED: 09 / 13 / 82
DOCKETED! 01/~4/94 IN DISTRtCT COURT
CASE NO,: 84-0920
AMOUNT: $102.00
JUDGMEN'l'
DATED: 04/12/90
DOCKETED: 04/12/90 IN DISTRICT COURT
CASE NO,: 90-5668
AMOUNT: $7,30S,11
JUDGMENT
DA•r!.O: 05/02/89
DOCKETED: 07/12/89 IN DISTRICT COORT
CASE NO.i R9-10903
AMOUNT: $1,649.19
JUDGMEN'.r
DATED: 03/22/90
DOCKE~EO: 06/04/90 IN DISTRICT COURT
CASE NO.: 90-9200
AMOUNT: $1 1 322,32
PAGE 2
P.0::l
Sep 04, 1992 HJ: 44AM
HJBF~
no. A0 7 'J-(/;f ff
CHRIS PALM
VS
JOHNSON,BRENT
FROM Rosenberg Law Office TO 473 0510
VERIFIED
JUDGMENT
DA'!'ED: 08/10/90
DOCKETED; ll/'J.l./90 IN DISTRICT COUK'l'
CASE NO,: 90~20765
AMOUNT: $3,016.00
DATED AT MINNEAPOLIS, THIS 06 DAY OF ~ANUARt 1992
PAG~ 3 OF 3 ~~GES
F'.l]9
Sep 04,1992 10:45AM FROM Rosenberg Law Office TCI 473 0510
STATE OF MINNESOTA }
) ss. Affidavit ot Brent Richard Johnson
COUNTY OF HENNEPIN )
Brent Richard Johnson being first duly sworn, on oath says
that:
1. He is one of the persons named as Vendee in that certain
Contract For Deed document dated December Jl, 1988, and
unfiled as of this date, by and between Marks. Johnson
and Patricia P. Johnson, husband and wife as Vendors and
Brent Richard Johnson and Shiann Johnson, husband and
wife as Vendees for the real property described on
Exhibit A to this affidavit.
2. Said person is of legal age and married to Shiann Johnson
and under no legal disability, with place of business at
1400 North Highway 101, Plymouth, Minnesota, and for the
last tQn ysar~ has resided at:
4465 Bayside Road, Maple Plain, Minnesota .lil-8. to date
3064 Hampshire Av, St. L. Park, Minnesota 1987 to 1988
2ll7 Vernon Av s., Minnetonka, Minnesota ill.a. to 1987
3. There are no:
a. Bankruptcy, divorce or dissolution proceedings
involving said person during the time period in
which said person have had any interest in the
premises described in the above document
{ "P:t:"emises 11 ) ;
b. Unsatisfied judgments of record against said person
nor, to your Affiants knowledge, any actions
pending in any courts which atfect the Premises;
c. Tax liens filed against said person;
e~cept as he~ein ~tat~d: Nona.
4. Any bankruptcy, divorce or dissolution proceedings of
record against parties with the same or ~imilar names,
during the time period in which the above named person
have had any interest in the Premises, are not against
the above named person.
S. Any judgments or tax liens of re.cord against parties with
the same or similar names are not against the above named
person, specifically these following Judgments are not
against your Affiant:
F'. HJ
Sep 04,1992 10:45AM FROM Rosenberg Law Office TO 473 0510
ITT FINANCIAL SERV!CES
vs
JOHNSON, BRENT
ITT FINANCIAL SERVICES
vs
JOHNSON, BRENT
CHRIS PALM
vs
JOHNSON, BRENT
JUDGMENT
DATED: 05/02/89
DOCKETED: 07/12/89 IN DISTRICT
COURT
CASE NO.: 89-10903
AMOUNT: $1,649.19
JUDGMENT
DATED: 03/22/90
DOCKETED: 06/04/90 IN DISTRICT
COURT
CASE NO.: 90-9200
AMOUNT: $1,322.32
JUDGMENT
DATED: 08/10/90
DOCKETED: 11/21/90 IN DISTRICT
COURT
That Affiant knows the matters herein stated to be true of his
own knowledge.
Brent Richard Joh
Subscribed and sworn to before me this
Fab~uary, 1992 by Brent Richard ~ohnson.
day of
Seal:
THIS INSTRUMENT WAS DRAFTED BY:
Jacobson Stromme & Harwood, P.A.
3800 Multifoods Tower
33 south Sixth Street
Minneapolis, Minnesota 55402
(612) 340-0234
2297B.02/1292-031(RMR)
·1e NOT~~::,~~~~ESOTA I HENNEPIN COUN1Y
M>f~~Sl!I'!' It, l~ +----.
P.11
Sep 04, 1'392 10: 46AM FROM fs'.osenberg L,:ll'-' Off' ice TCI 473 05H3
J
EXHIBIT A
That part of the East 3/8 of the Northeast 1/4
of the Northwest 1/4 of Section 6, Township
117 1 North Range 2J, West ot: the 5th Principal
Meridian, lying North of the South 870.0 feet
thereof, EXCEPT therefrom the East 30.0 feet
lying South of County Road Number 84,
according to the United states Government
Sut<vay thereof' and csituate in Hennepin County,
Minnesota.
F'.12
Sep 04,1992 10:45AM FROM Rosenberg Law Office TO 473 12:15112:1
STA~~ OF MINNESOTA
COUNTY Of HENNEPIN
SS, Affidavit of Marks. Johnson •nd
Patricia P. Johnson
Mark 8. Johnson and l'atrici<t P. Johnson being t'lrst duly
sworn, on oath says that:
l. They are the parsons named as grantees in the document
dated Ma~ch 1, 1988, and filed fo~ record March 7 1 1988,
as Document No. 538J55B 1n the Office of the county
Recorder nt: Hennepin County, Minne1;1ota.
2.
4.
5.
Said personR are of legal age and under no
dis~bility with place ot bu~lne~s at 4455 Bayside
Maple Plain, Minnesota 55359, and for the last ten
have res l.ded at!
legr1l
Road,
years
4455 Bayside Road, ~aple Plain, Minnesota ~-gs;" to date
2121 Vernon Drive, Minnetonka, Mi1rne$ol:-a .!L:_78 to k.~-~,.,
106 Blake Road, llopkins, Minnesota /p-71,. to "1(__::28'
Th0r .. i'.\r-e n,:n
a. Bankruptcy, divorc:e or dissolution proc0edi1vJs
involvit1g said persons during the timl!!! pedod in
whlch said person!'i h,,,.v,, hAd l'lhY l ntPrfiH,:t In rh ..
premises described in the above document
b.
("Promises'');
Unsatisfied judgments
µuL~un~ nnr, to your
act.ions p.irndihg in any
l'remises;
of record against
Afl i~nts knowledge,
cour·ts wh !ch af{ect
c. Ta~ llnnA Fll•d ~~~lnct gaid p~~~oh~T
except as horoin stated: None.
said
any
the
Any bankruptcy, divot·ce or dissolut:.i1.,n proceedings of
record aq~ihst parties with the same or similar names,
during the time period in which the above named persons
have had any interest in the PremisQs, ~re not against
the almve t1c'lllll:lu µen,una, apecirically those bankruptcies
shown c,n the attached F.id1 I bit. 11 are not agaJnst your
aftiant!al.
Any judgments or tax liens or record against parties with
the same or similar names are not aqalnst the above named
persons, spec:Jfically, thu5e j1~dqmants shown on th.-
attached £xhibll 11 are not ayainst your affiants.
own k:~:t,~~~~ants know the matters her~dn ;~ated. ~.~-e A:_5ue of their
,,,{;;?fJ. tt1,,, t _ n.;,_,.__..,
Patri I? · J
\ .. M;;ftS. I
(__,,-•·I ,,
/} Subscribed and sworn to before me this ~: day of
,jt~fu«a/4.-v-;. , 1992 by Mark S. Johr1su11 an<'l Patricia P. ,Johnson,
husbbd fnd wife. ~--·-_J·. /., ~ .,.,; l C/J/ , tiOta..t.~~,, •••. _.J)-!t:,f/f tr "?JJ -,,e:ftl_~-f;:;·y~ · e·•,· CA~t~~,E!l~AGoH
· HENHSPIN cOOH'l'V
Ir/ -11-ICN DP1111t• Hi>illl
THIS INSTRUMEN'l' WAS ORI\FTF.O BIi:
Jacobson Stromme & Harwood, P.A.
JB00 Multifoods Tower
33 soutn sixth ~treet
Mihneapolis, Minnesota $5402
(612) Ho-o;n4
22Q7R.01/1~92-0Ji(nMn)
EXHJDIT_L_
P.13
Sep 04 , 1992 ll] : 4E,AM FR[~ Rosenberg Lam Office TO 473 0510
; ! , .. --R](IITJIIT A
IIORTII S'r.l\n COLJJf,C1'10l1 IJErW 111C
vs
101msott, M.11.ru<
l!0IUHE ~1\ '{ tl\.llJ Fl
vi:;
.,01111son, HM~K
1IONTOl'.1H.lmY W/lf!IJ
vs
· JOJINBOH I MI\RK
ltl REI
131\tOmUP'fCY Of'
.,onNSOU, HI\RK
1)/\NKRUPT
1,ERI,1lil PI\FEfl. COMPI\.IIY
VB
,JO!IHSON I MJ\RK
(l/\J(IJJ\LE PEIHJ\'l'IUC J\tll) l\UOLESCEtl'l' CO
IISUL'rJ\N't'A I.'l'D
vs
.JollNSON, HMtK
lll\!IOR concrtETF. CoHSTRIJC'1'10tl me
vs
,JOIUISOH I H/1.ltK
UI REI
IJ/\IU<RUPTC'i OP'
,IOIIHSOH, Pl\TRIClA.
UI\.IIKRUr·r
rnEEWAY IJOUGE me
VB
,fOJINSOff I PA'l'IUCil\
NUll0£rl. KLEitl l)OtlOIIUE COHPJ\11'{ I\ l)F.l,A
l~l\IU:l COR'30ltl\TIOU
vs
,IOIUISOH I Pl\1'
S()T,OH BFrtHlcrn TF.T,Sl'IIOtlf.: co
va
,JollllSON I tll\.lU~
VERIFIED aY_c_(~t~-----
JUUGMEtlT
IJJ\'l'l.m1 05/7-0/8':J
OOCKETEPl 05/20/85 1H DISTRICT coUit'r
C.I\SE no.I 85-07710
l\HOUll'l'l $S1J. 110
JUDGHf.111'
l>I\.TEDl M/19/BfJ
IJOCKETEIH 0S/H/86 IN IHSTRJ:C'l' CUUH1'
C1\SR tto, I B6-B1J9
1\MOtJ»1'1 $-129.00
JUDGHEll'l'
D.11.TF.:O I t>9 / 21J / Bf!,
DOC~ETlttJt OfJ/"J.ti/U IN OISTIHC'I' coun.1'
c1\SE NO.t BA-15920
.I\HOUNTI $8.U, U
PETl't' !OH IN B/\HKRUPTcY
F lliED: 0 4 / 0 J / 8 g
CASE NO,I 4-89BK1462
OIBCl1/\ltC:EU 07/10/89
,1UIJGHEUT
nl\'1'!!Dt U/~0/BO
DOCKETED: 04/05/90 IN OIS't'RICT COURT
CIISE NO.I 90-5669
)IMnUNTI $2,l5J,02
JUDGHEH'r
DI\TP.D! 12/2'i/90
ooctO!'I'EDI M/01/91 IU UlS'l'RlC'r (;()\llt'l'
Cl\SE HO,I 91-5616
I\.MOUH1'1 $56!L Gl:I
,1UUGHF:U'l'
pJ\t'Eln 04/30/91
DOC~E'l'Ji:01 09/'U/91 Itr ntSTnICT cnllRT
C1\St NO,l 91-14913
AMOUHTI $2,524,00
VETITIOtl IH BANKRUPTCY
FILEDI 06/10/82
CI\SK NO,f •-B2DK1035
DlSCII.I\R~EIJ l0/0·1 /U
JODGHF.tlT
0/\TEO I O'J / 13 /d2
OOCKfJ1'1£lJI 01/24/9_4 lH DISTRICT COURT
Cl\R~ 110,1 94-0920
.I\HOUN't't $102.00
JUIJGHEN'f
IJI\TEDI Oil/12/90
DOCJ(;ll:'1'1!:t'.JI 04/12/'!JO IH OlSTRICT COUR'1'
CAS~ NO,l 90-5669
I\HOIIH'l' l $1 1 J ()!!J. 11
,lOOOMEN'r
DT\TtlJ! 09/13/84
DOCK~'l'20t o~/'-0/84 lH flTR'l'ttlC'f coUR'r
CABE NO,! 84-14109
.I\HOUNT t $ :J J4 • 7 8
P.14
,-,-,-,---1 r-i ◄
S12 34'3 '3%2
Sep 04,1992 10:40AM FROM Rosenberg Law Office TO 473 0510
ROBERT MERRILL ROSENBERG
UIWyer
2500 FIRST BANK Pl.ACR WF,sT
120 SOUTH SIXTH STREET
MINNEAPOLIS, MINNESOTA 55402
U.S.A.
Fax Machine: 612/349-9962 Voice Phone: 612/349-5290
September 4, 1992
To: Jeanne A. Mabusth
Building and Zoning Athninistralor
City of Orono
·-3
Page 1 of_/_
Facsimile Number: 473 0510 Original will follow by mail.
From:
My Client:
Matter:
Dear Ms. Mabusth,
Robert M. Rosenberg
-File Information -
Mark and Patricia Johnson
Platting of 4465 Bayside Road
This Fax IS Confidential.
Here is a copy of my title opinion for the land being platted as
Johnson Whe91Qr lgt Addition. I am delivering a courtesy copy to
Ms. Husnik as well.
The original of the opinion is being sent to you by mail.
Bob Rosenberg
cc: Mark Johnson (by fax w/o enclosures and by mail)
Ms. Nancy Husnick (by delivery w/enclosure)
THE INFORMATION CONTAINED IN THIS llACSIMILE MESSAGE IS PRIVILEGED ANO CONFIDENTIAL INFORMATION INTENDED FOR THE use
OF TI1E ADDRESSEE AND NO ONE ELSE. IF YOU ARE NOT ·rHt INTENDED RECIPIENT OR Tl-IE EMPLOYEE OR AGENT RESPONSIBLE TO
DELIVER THIS ME!!\SAOI; TO THE INTENDED RECIPIENT, PLCASE DO NOT U!lC TIIIO TOAN$Ml$$l0N IN ANY WAY, 8UT CONTACT TIii(
SENDER BY TELEPHONE !COLLECT) IMMEOIATE1,.'V so THAT WE CAN ARRANGE FOR THE RETRIEVAL OF THE ORIGINAL DOCUMENT AT
NO COST TO YOU. THANK YOU ,:01;1 YOUR CAREFUL HANDLING OF THIS FACSIMILE MESSAGE.
F'.01
CITY of ORONO
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55323-0066
January 3, 1992
Mark Johnson
4455 Bayside Road
Maple Plain, MN 55359
Dear Mr. Johnson:
It is not clear in checking the files whether you are already in
receipt of the City Assessor's report concerning the value of your
undeveloped land and the recommended park fee. This report is
enclosed herewith. It would appear the Park Dedication Fee has been
determined at $2,544.00.
If you have any questions regarding the Park Dedication Fee, please
contact John Gerhardson (473-7357) so that he may arrange a meeting
with the City Assessor.
Sincerely,
/1 ·t:..e C/A''l./n.,L, Cl . ~1 a,t~--;,
Jeanne A. Mabusth
(-4,v:;
Building & Zoning Administrator
Enclosure: Park Dedication Fee Report
cc: John Gerhardson, Public Works Director
JAM/lsv
TELEPHONE -473-7357 • FAX· 473-0510
CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
On the North Shore of Lake Minnetonka
TO: Orono Zoning Department
FROM: Rolf Erickson, City Assessor
DATE: 'l-24 -CJ/
RE: Park dedication fee of:
P. 1. D J1 0&,-11'7-2. 3-Z I -ooo I
2. 1'2.. Acres @ 15; 0 00
(DRY)
=_4t....,...3c...:...j/ )L.-:..8.=...0....;;:..O __ _
BUILDING & ZONING -473-7357
ASSESSING
•
;Qf
l
ADMINISTRATION & FINANCE -473-7358
oO
• PUBLIC WORKS -473-7359
To: Rolf Erickson, City Assessor
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: September 17, 1991
Subject: Determination of Park Dedication Fee
Mark Johnson, the owner of the property at 4465 Bayside
Road, has proposed a 2 lot subdivision. The City asks that you
determine a fair market value of the land in an undeveloped state
so that a park fee can be determined.
Please contact my office if you need additional information.
Attachments: Preliminary Plat
Plat Map
lsv
CITY OF ORONO
P.O. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mark Johnson
4455 Bayside Road
Maple Plain, MN 55359
TYPE OF APPLICATION: Subdivision
DATE OF MEETING: 9/9/91
COUNCIL ACTION -MOTION:
APPLICATION NO. 1663
NOTICE OF COUNCIL ACTION
Date of Notice: 9/17/91
COPIES: Mr. & Mrs. Brent Johnson
4465 Bayside Road
Maple Plain, MN 55359
VOTE: 5 For O Against
To approve per the findings and conditions of the enclosed resolution.
Please note the original resolution sent to you prior to the meeting has
been completed by inserting a deadline date for the removal of the shed and
lean-to additions to the barn on proposed Lot 2.
Please be advised that a demolition permit is required by the City
prior to the removal of the structures.
Applicant must provide to the City all information and/or improvements
required for final plat approval as noted in the preliminary plat approval
resolution. Preliminary plat approval expires 1 year after the date of the
resolution (September 9, 1992). Note that prior to filing of the final
£lat after final subdivision approval, all taxes for the current year must
be paid.
As noted in the resolution, the City Assessor will be asked to define
the market value of your land at an undeveloped state so that a Park Fee
may be determined. P 1 ease note the Park Fee wi 11 be 8 % of the va 1 ue of the
land in the undeveloped state. You wi 11 be advised as soon as we are in
receipt of that value.
Please contact my office if you have any further questions concerning
the directives set forth in the staff resolution.
lsv
MINUTES OF THE REGULAR ORONO COUNCIL MEETING -SEPTEMBER 9, 1991
bAK~ MINNETONKA CONSERVATION DISTRICT -CONT,
Hurr noted that all 4 chapters will be before the Board at
their meeting on the fourth Wednesday in September. At that
point the Metropolitan Council is asking the LMCD to ratify it or
send on to the cities for comment. It was clear from the
Metropolitan Council that the cities did not have another vote on
the issue.
Callahan suggested that Jabbour attend the meeting on
September 12th and the rest of Orono's Lake Use Committee could
meet at Orono.
Hurr suggested that the Orono Lake Use Committee meetings be
scheduled for mornings instead which may be better for
attendance. She noted that the LMCD is under a time schedule set
by the Metropolitan Council. She advised that she had the draft
changed at the last meeting because of what is implied in Orono's
Comprehensive Plan.
Callahan noted the minutes of the LMCD's Technical Committee
dealt entirely with discussion about storm water management. He
felt that their original purpose was to review the DNR's proposed
shcreland regulations.
Hurr noted that the regulations encompassed the issue of
storm water management.
PUBLIC COMMENTS
Ann Cosgrove, 1895 Fox Ridge Road, thanked the Council for
the manner in which they handled the meeting with Long Lake on
September 4th: She noted that they did an outstanding job on
representing Orono's "no new roadbed position" and made a
preliminary gesture to assist Long Lake should Highway 12 stay in
the existing corridor. She felt they made a very positive
impression on Steve Hay as well as other people in attendance.
(#4) #1663 MARK JOHNSON,
4465 BAYSIDE ROAD -PRELIMINARY SUBDIVISION
RESOLUTION #3014
Mark Johnson was present for this application.
City Administrator Moorse explained that this application
involves the subdivision of one lot into two. He noted that all
lots meet the lot area standards. He noted that the issues
involved are listed in the Planning Commission's recommendation
of approval.
Mayor Peterson noted there is a blank date on the resolution
for the removal of the shed and pole barn.
3
MINUTES OF THE REGULAR ORONO COUNCIL MEETING -SEPTEMBER 9, 1991
~§NIN~ FILE #1663 -CONT.
Mabusth asked applicant what a feasible date would be for
the removal of those structures.
Johnson said they could be removed within 60 days.
Mabusth noted that would be November 9th, which would be 60
days from the date of preliminary approval.
Callahan felt that it should be stated in the resolution
that the lot with the barn meets the 2 acre minimum with a
principal residence.
Mabusth advised that will be stated in the resolution
granting final plat approval.
It was moved by Butler, seconded by Goetten, to adopt
Resolution #3014 approving the preliminary subdivision
application for Mark Johnson for property at 4465 Bayside Road,
per the Planning Commission recommendation and with the inclusion
of wording in the resolution that states that the shed and pole
barn will be removed by November 9, 1991. Ayes 5, nays O.
(#5) #1668 CITY OF ORONO
700 OLD CRYSTAL BAY ROAD NORTH -
PRELIMINARY SUBDIVISION
RESOLUTION #3015
Callahan explained that this application is to subdivide a
portion of the property which the City is purchasing for the
proposed facilities. The purpose of the subdivision is to take
the City facility property out of the overall plot.
It was moved by Callahan, seconded by Butler, to adopt
Resolution #3015, granting preliminary subdivision approval to
the City of Orono for property located at 700 Old Crystal Bay
Road North. Ayes 5, nays o.
(#6) #1671 BRUCE TURNER,
3800 WAYZATA BOULEVARD WEST
CONDITIONAL USE PERMIT
Bruce Turner and Tim Otten were present
application.
for this
Mearse explained that this is an application for a
conditional use permit to continue a non-conforming use of
residentially zoned property. He pointed out there are a number
of issues including: the lapse of the non-conforming use, whether
the Council can legally grant a change from one non-conforming
commercial use to a new non-conforming commercial use, and if the
use is compatible with surrounding residential uses.
Goetten asked Barrett to comment on ability to extend -the
use to the applicant.
4
To: Mayor Peterson and Orono City Council
Acting City Administrator Gerhardson
From: Jeanne A. Mabusth, Building & Zoning Administrator
Date: August 30, 1991
Subject: #1663 Mark Johnson, 4465 Bayside Road -
Preliminary Subdivision -Resolution
Zoning District -RR-1B
Total Area= 4.41 acres
Lot 1 = 2.0 acres
Lot 2 = 2.12 acres
Outlot A= .22 acres
List of Exhibits -
A -Application
B -Property Owners List
C -Plat Map
D -Wetlands Map
El-2 -Septic Memos
Fl-2 -Septic Maps
G -Staff Letter 2/20/91
H -SKetch of Lower Level Residence Lot 1
I -Mark Johnson's Letter 7/15/91
J -Preliminary Plan
The applicant proposes the division of a 4+ acre parcel
located just to the north of his larger homestead parcel. Access
to Lot 1 will remain via the existing curb cut and drive based on
the location of existing improvements. Lot 2 will require a new
single curb cut. Lot 2 shall achieve access from the private
drive serving M. Johnson's residence. Applicant has agreed that
access to Lot 2 shall be via his existing private drive on east
side of Lot 2 based on the location of trees and the extreme
curving of County road along north boundary making siting
difficult. Review Exhibit F-1. Access to the site along the
east side lot line must be at the extreme south 25' of Lot 2
because of the location of the septic test areas to the immediate
north along the east boundary. Applicant must maintain a minimum
20' separation distance between drive and drainfield area.
All lots meet the required width and have been confirmed
with 2 acres dry contiguous. Based on the central location of
the man-made pond within Lot 2 and the current drainage pattern,
there appears to be no public purpose in its current or future
use and no drainage easements will be taken over it. Note Lot 2
still meets the total dry contiguous requirement ~xcluding the
pond area. Outlot A located on the north side of the County road
shall be designated as an unbuildable lot within the final plat
resolution and is available for combination with adjacent parcels
along north side of County road.
Zoning File #1663
August 30, 1991
Page 2
The oversized accessory structure at 1,648 s.f. located on
Lot 2 will no longer achieve the credit of the principal
structure located on Lot 1. During an inspection of this site,
portions of the barn structure have been found to be in a serious
state of disrepair. The lean-to attached to the east side of the
original barn and the shed to the west side appear unsafe and
must be addressed by applicant. At the proposed 2 acre area for
Lot 2, the property is allowed a 1200 s.f. oversized accessory
structure. Applicant has agreed to remove both the old shed on
the west and lean-to/pole barn but asks that the remaining barn
at 30.2' x 18.4' (55.68 s.f.) be allowed to remain for 1 year.
The applicantion was tabled at the July meeting because of a
report by the septic inspector that the existing septic system
serving the residence on Lot 1 showed signs of failing. Testing
was required for both a principal and alternate on-site septic
system for Lot 1. Weckman has worked with the applicant
suggesting certain alterations and improvements to the existing
system to see if it can still be saved. The system shall be
monitored. If it fails, a new septic system will be installed to
the northeast of the existing residence.
The second issue of an illegal duplex use has been resolved.
Review Exhibits Hand I, the lower level of the residence is no
longer being rented. This has been reconfirmed in Mr. Johnson's
letter. Section 10.28, Subdivision 3 (A) does not allow a duplex
within the rural residential zone. The lower level cannot be
used for bedroom use as the windows do not meet egress
requirements for a sleeping room. The existing improvements can
remain as an accessory recreation area use for the current
owners. Condition of approval must include a notice to the
public that duplex use of this structure is in violation of the
Code and a disclaimer that the lower level does not qualify as a
legal sleeping room.
Planning Commission Recommendation
To approve the 2 lot plat subdivision application of Mark
Johnson for the property located at 4465 Bayside Road finding
that all standards of the RR-lB zoning district and on-site
septic codes have been satisfied. This approval is subject to
the following conditions:
1. Upon preliminary approval of the Council, the City
Assessor shal 1 be asked to determine a park fee for the
creation of the new lot. Payment of the park fee is
based on 8% of the current market value of the property
in an undeveloped state. Payment of park fee shall be
due upon the filing of the final plat.
Zoning File #1663
August 30, 1991
Page 3
2. Outlot A shall be designated as an unbuildable lot and
available for combination with adjacent residential
properties on north side of County Road 84.
3. Access to Lot 2 shall be via an existing private
driveway along the east boundary of the property.
Access corridor must be located at the most
southeastern portion of the property not to exceed a
25' width. A 20' separation must be maintained between
finished drive and proposed drainfield area.
4. Applicant has agreed to remove 12.3' x 16.4' shed on
west side of original barn and 22' x 40.5' pole barn on
east side of original barn. Applicant shall remove
additions to original barn no later than the fall of
this year. As original barn meets the area allowance
for a 2 acre property, orginal barn may be allowed to
stay for 1 year from the date of final plat approval.
5. Future owner is placed on notice that existing
residence on proposed Lot 1 does not qualify for duplex
use per Orono Municipal Code Section 10.28, Subdivision
3 (A}. The existing finished habitable area in the
lower level of the residence does not qualify for
sleeping room/bedroom use.
The enclosed resolution has been drafted per the approval
recommendation of the Planning Commission.
lsv
A RESOLUTION GRANTING
PRELIMINARY APPROVAL FOR A PLAT AT
4465 BAYSIDE ROAD
FILE NO. 1663
WHEREAS, Mark Johnson {hereinafter "the applicants") on June
21, 1991 filed a formal subdivision application with the City for
approval of a 2 lot residential plat of property legally described as
follows:
Refer to Exhibit A, attached {hereinafter "the property-) and~
WHEREAS, after due published and mailed notice in accordance
with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning
and Subdivision Regulations, the Orono Planning Commission held public
hearings on July 15, 1991 and August 19, 1991 at which times all
persons desiring to be heard concerning this application were given
the opportunity to speak thereon; and
WHEREAS, at their regular meeting held on September 9, 1991
the Orono City Council considered the subdivision application of Mark
Johnson, noting the following findings of fact:
1. The property is located within the RR-lB Rural Single Family
Residential Zoning District requiring a minimum of 2 acres
of contiguous dry buildable land within each newly created
lot.
2. The property contains a total of 4.41 acres.
3. The proposed plat contains 2 lots each meeting or exceeding
the 2 acre minimum lot area requirement.
4. Septic testing for Lots 1 and 2 have confirmed there is
adequate area for both principal and alternate on-site
sewage treatment sites.
5. All existing structures meet the required setback from the
newly defined division line.
6. All lots have been designed so that they meet all lot
standards of the RR-lB Zoning District.
Page 1 of 4
Required Improvements
Applicant shall agree to demolish/remove the 12.3' x 16.4' shed
and 40.5' x 22' lean-to/pole barn additions from the existing original
barn by---=------=--,,..-' 1991. Applicant must obtain a demolition
permit for the removal of these additions.
NOW, THEREFORE BE IT RESOLVED, that based upon one or more
of the findings noted above, the City Council of the City of Orono
hereby approves the preliminary plat application for Mark Johnson for
the property located at 4465 Bayside Road per the survey revised June
24, 1991 by All Metro Land Surveyors, subject to the following
conditions:
1. The 30.4' x 18.4' barn on proposed Lot 2 shall be removed
within one year from the date of final plat approval if a
building permit has not been issued for residential
construction by that date.
2. Access to Lot 2 shall be achieved via an existing private
drive along the east side of the property. Access must be
located at the extreme southeast corner to extend no further
north than 25' in order to maintain a 20' separation setback
from the principal drainfield site.
3. Outlet A shall be designated as an unbuildable lot and
available for combination with adjacent residential
properties on north side of County Road 84. It should be
noted that Out 1 ot A is not contiguous with Lots 1 and 2 and
is divided from the remainder of the property by a County
road.
4. Upon preliminary approval of this subdivision, staff is
directed to submit the subdivision application to the City
Assesor so that a park fee can be determined. The park fee
is based on 8% of the current market value of the property
in an undeveloped state. Payment of park fee shal 1 be due
upon the filing of the final plat application.
5. Future owner of Lot 1 is placed on notice that existing
residence does not qualify for duplex use per Orono
Municipal Code Section 10.28, Subdivision 3 (A}. The
present finished habi tab 1 e area in the 1 ower 1 eve 1 of the
residence does not qualify for sleeping room/bedroom use.
Page 2 of 4
6. Per Section 11.10, Subdivision 15 of the subdivision
regulations of the Municipal Code, preliminary subdivision
approval is effective for one year from the date of this
approval (September 9, 1992). Failure to file a complete
final subdivision application within this time period shall
be construed as formal withdrawal of the proposed
subdivision.
FINAL PLAT SUBMITTALS
The following list of final submittals must be submitted to the Zoning
Administrator two weeks prior to the regularly scheduled Council meeting on
the second and fourth Mondays of the month:
A. RECORD PLAT drawings in the form of two (2) mylar copies and
one (1) copy reduced to 1"=200'. Drawing to include:
a) Lot lines platted per preliminary survey by All Metro
Land Surveyors, revised date June 24, 1991.
b) Dedication of "drainage and utility easements" 10' wide
along all perimeter property lines and 5' each side of
internal property lines.
c) Property on north side of County Road to be designated
as Outlot A.
B. LEGAL DOCUMENTS required:
a) Title opinion addressed to the City. Al 1 owners,
mortgage holders or others with property interest
indicated therein shall sign the plat and all other
documents affected by such interest.
b) The applicant must provide certified copies of all
recorded easements currently affecting the property.
C. FEES TO BE PAID: Total Due $300.00 ± Park Fee
a) Park dedication fee to be determined by City Assessor
based on 8% of total property in undeveloped state.
Applicant will be advised as soon as the City Assessor
has submitted his determination.
Page 3 of 4
b) Final plat fee of $150.00
c) Legal review and filing fees of $150.00
Adopted by the City Council of the City of Orono, Minnesota
at a regular meeting held this 9th day of September, 1991.
Barbara A. Peterson, Mayor
ATTEST:
Dorothy M. Hallin, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN }
The foregoing instrument was acknowledged before me on this
9th day of September, 1991, by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 4
EXHIBIT A
Legal Description:
That part of the East 3/8 of the
Northeast 1/4 of the Northwest 1/4 of
Section 6, Township 117, North Range 23,
West of the 5th Principal Meridian,
lying North of the South 870.0 feet
thereof, EXCEPT therefrom the East 30.0
feet lying South of the County Road
Number 84, according to the United
States Government Survey thereof and
situate in Hennepin County, Minnesota.
CITY OF ORONO -SUBDIVISION APPLICATION
Property Identification Number (P.I.D.) 06-117-23-21-0001
Please check one -Property __ x_ abstract or
Attach legal description to application.
torrens?
APPLICANT Phone (home) 472-2276 ---------
-
Name Mark Johnson Phone (work) 472-6223
Address: 4455 Bayside Rciad City: Maple Plain . Zip: 55359
Pr
---------------------------------------------------------------------------
OWNER (if different than applicant)
Brent Richard Johnson and
Name Shiann Johnson
Contract Purchaser
Address:. 4465 Bayside Road
(attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels 1 ------
Development Size
4.41
Present Use (check} X
RR-1B
· Phone (home) ---------
Phone (work)
City: Maple Plain
(See Attached)
Acres Dry Land
Acres Wet Land
---------
Zip: 55359
Acres Total, all parcels
Residential; no. of units · 1 -----Other (specify} -----------
Present Zoning District ----------
PROPOSAL ------Division for Tax Purposes
X
Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites: 1 Existing Units
1 New Units
2 Total Units
Proposed Gross Density: 1 Units per _2_ Acres
Minimum Lot Size: 2 Acres ~ Dry Buildable Land
Proposed Use: (check} X Residential
Other (specify}
.,.
-I
~UNIMOM MATERIAL NECESSARY FOR COMPLETE PRELIMINARY APPLICATION
1. Completed Application Form
2. Preliminary Plat information on Certificate of Survey.
3. Certified Property Owners List of owners within 350' __ (you must obtain
this list from Hennepin County Department of Finance A-603 Govt Center
348-3271).
4. As an addendum to this application, please attach a separate list of
any other persons you wish notified of this application.
Certification by Zoning Department that Preliminary Plat Application is
complete.
Zoning Official's Signature _______________ Date _______ _
1. _Payment of fees (park fees, filing fee, sewer and water assessments).
2. Signed certificate of survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, Covenants, etc.
5. Developers Agreement and Letter of Credit.
Certification by Zoning Department that Final Plat Application is complete.
Zoning Official's Signature _______________ Date _______ _
FEES
X
Sketch Plan Review (Class I, II & III)
Subdivision of a Lot Line Rearrangement
Preliminary Review (Class I & II Subdivision)
'
$150.00
250.00
250.00
Preliminary Review (Class III and all non-residential) 300.00 +
20.00/Lot
Final Plat Review (Class III) 150.00*
*(Plus any legal or engineering charges)
The applicant · hereby ~grees to provide all information required or
requested by the Zoning Admin'strator, City Engineer, City Attorney,
Planning Commission and Counc necessary to process this application and
further agrees to pay all ad i ·~nal fees established by ordinance.
Applicant's Signatur ~~:l'-.',--1,1...--1'~--------Date {a ,.,, }-0 -q \ ·
-V-lb~~~~~~~~~~~c:!!:.:::!J...!..:'~"~I\ kte l --lo ✓' \ owner's Signatur
Applicant must have a 1 submit als into the City offices 25 days before the
Planning Commission Meeting. Planning Commission Meetings are held on the
third Monday of each month. Applicants must be present at all scheduled
review meetings of the Planning Commission and Council. If an applicant i •s
unable to attend a scheduled meeting, please make arrangements to have an
authorized agent attend· in your place and to advise the Building & Zoning
Office of this change prior to the meeting.
-
-..
RUN DATE 06/10/91
B'ATCH 001
PROP ADDR·
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
O~lNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
.NAME/ADOR
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 21 0001
04465 BAYSIDE RD
M & P JOHNSON
MARKS & PATRICIA P JOHNSON
4465 BAYSIDE RD
MAPLE PLAIN MN 55359
38 06-117-23 21 0004
04495 BAYSIDE RD
G &,B KELLEY
GERALD P KELLEY
4495 BAYSIDE RD
ORONO MN 55359
38 31-118-23 34 0012
04440 BAYSIDE RD
J A & B J .. BELLINI
JAMES A BELLINI
4440 BAYSIDE RD
MAPLE PLAIN MN 55359
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 06-117-23 12 0002
04300 BAYSIDE RD
WILLIAM.F KNAPP
WILLIAM F KNAPP
4300 BAYSIDE RD
'MAPLE PLAIN MN 55359
38 06-117-23 21 0002
04455 BAYSIDE RD
M .& P JOHNSON
MARKS & PATRICIA P JOHNSON
4455 BAYSIDE'.RD
MAPLE PLAIN MN· 55359
,38 05-117-23 21 0005
04565 BAYSIDE RD
P & S RENNEBOHM
PETER & SHARON .RENNEBOHM
4565 BAYSIDE ROAD
MAPLE PLAIN MN 55359
38 31-118-23 43 0009
00038 ADDRESS UNASSIGNED
NATURE CONSERVANCY
NATURE CONSERVANCY
1313 5TH ST SE
SUITE. 314
MPLS MN 55414
REPORT NO. PI435401
38 06-117-23 12 0003
04355 BAYSIDE RD .
VCI CAPITAL ·INC
VCI CAPITAL INC
PO BOX 375
LONG LAKE MN 55356
38 06-117-23 21 0003
04485 BAYSIDE RD
BONITA J WELLS
BONITA J WELLS
4485 BAYSIDE ROAD
MAPLE PLAIN MN 55359
38 31-118-23 34 0011
00030 LUCE LINE RIDGE
J & P LEINTZ .
PAGE l
JOSEPH R & PATRICIA A LEINTZ
30 LUCE LINE RIDGE
MAPLE PLAIN MN ... 55359
TOTAL BATCH . 001 00011
I CERTIFY THAT THE FACTS REPRESENTED·ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF MY. KNOWLEDGE AND B:~::h--fl-f1<tlBY1fJa.,-~.
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To: Jeanne A. Mabusth, Building & Zoning Administrator
From: Steve Weckman, Septic Inspector
Date: July 3, 1991
Subject: Mark Johnson Subdivision, 4455 Bayside Road -Review of
septic system information
A. Proposed Lot 2
The primary drainfield site has been tested in the southeast
corner of the lot. This site is acceptable for a mound with an
average perk rate of 15.6 minutes per inch and a slope of 5%.
The lot line setbacks for this site are 25' from the east lot
line and 50 1 from the south lot line, and over 75' from the
wetland on the property to the south of this lot.
The alternate site is located north of the primary site
adjacent to Bayside Road. This site is suitable for a mound
system, having a slope of 4% and an average perk rate of 20.6
minutes per inch. The setback from Bayside Road is 20' while the
setback from the pond to the west is 7 5'. The mound should meet
the required setbacks, however, space is very limited on this
site. Several trees may need to be removed when this site is
used.
Both sites are suitable for a mound systems serving a 4-
bedroom home. These sites should be fenced off prior to
construction to prevent compaction from heavy machinery. The
eastern lot line should also be clearly marked to assure that the
required 20' setbacks are met.
B. Proposed Lot 1
The existing house on proposed Lot 1 has a septic system
that is failing as noted on a recent inspection. The system
consists of one concrete tank of unknown size and construction
and a tile which surfaces in the wetland in the southeastern
corner of the lot. This lot will require soil testing and design
for a complete septic system and an additional drainfield site
for future expansion. The existing septic tank wi 11 need to be
inspected to determine whether it can be used in the new system.
Soil boring, percolation tests, and septic design must be
approved by the City in order to complete the requirements for
the subdivision.
lsv
l
To: Jeanne A. Mabusth, Building & Zoning Administrator
From: Steve Weckman, Septic Inspector
Date: August 8, 1991
Subject: Mark Johnson Subdivision, 4455 Bayside Road, Review of
Septic System Information
A. Proposed Lot 1
The existing house on proposed Lot 1 has a septic system
that is failing as noted on the recent inspection. The system
consists of one concrete tank of unknown size, two trenches of
approximately 75' in length and an overflow tile that outlets
into the wet land to the south of this property. Since this lot
has a failing septic system, primary and alternate drainfield
sites have been identified. These sites will be used in the
event that the existing system cannot be repaired satisfactorily.
The fo I lowing repairs wi 11 be made to the existing septic
system as soon as weather permits. Sections of drainfield tile
that have been crushed will be replaced as well as any rock that
was displaced during the excavation. The overflow pipe leading
from the distribution box will be cemented shut and a section of
that pipe approximately 10' away from the distribution box will
be removed where the pipe wi 11 be plugged again to assure that
septic effluent does not use the abandoned pipe as a conduit.
Missing baffles from the septic tank will be replaced as well.
B. Proposed Lot 2
Soil testing and design have been completed for proposed Lot
2. The results indicate that the lot is suitable for both
primary and alternate mound-type drainfield sites adequate to
serve a 4-bedroorn home. The sites do have sufficient drainfield
area for larger than a 4-bedroom home if necessary. These sites
may be used at the time a home is built on the lot.
cc: Michael P. Gaffron, Asst Planning & Zoning Administrator
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Scale: f'=-'fo'
Note : This system is to be constructed to meet
Note • Check all underground utilities
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Chapter 7080 & Local Ordinance
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S-P TESTING INC.
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February 20, 1991
Brent Johnson
4465 Bayside Road
Maple Plain, MN 55359
RE: Rental Apartment
Dear Mr. Johnson:
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
It has come to the attention of this department by way of your
newspaper ad that you have a 750 square foot studio apartment for
rent. This letter is to inform you that your home is located in
a single family, rural residential zoning district and that
creating a rental unit is a violation of the Orono Municipal
Zoning Code.
I would also like to point out that the septic system on this
property is minimal and because of its age, it has a good chance
of failing at a normal rate of water usage. Extra usage is
certain to have a detrimental effect. If this apartment is in a
basement, state law requires escape windows from bedrooms. These
windows are required to be 5.7 square feet minimum opening with
a maximum sill height of 44 inches.
Therefore, the City must require you to abandon your plan to rent
this space. Violation of this Code _is a misdemeanor and is
punishable by 90 days in jail and/or a $700.00 fine.
If you have any questions or if I can assist you in any way, feel
free to contact me at my office.
Sincerely,
~cf~
Lyle Oman
Building Official
cc: Jeanne A. Mabusth, Building & Zoning Administrator
Michael P. Gaffron, Asst. Planning & Zoning Administrator
Bruce Vang, Field Inspector
LO/lsv
BUILDING & ZONING -473-7357
ASSESSING • ADMINISTRATION & FINANCE -473-7358
FAX -473-0510 • PUBLIC WORKS -473-7359
□ -----
Mark S. Johnson
4455 BAYSIDE ROAD
MAPLE PLAIN. MN 55359
July 15, 1991
Chairman Kelley and Planning Commission Members
City Administrator Bernhardson
Jeanne A Mabusth, Building & Zoning Administrator
P.O. Box66
Crystal Bay, MN 55323-0066
Dear City officials:
HOME: 612-472-6223
FAX: 612-472-5067
This letter is in reference to the preliminary subdivision #1663 -Mark Johnson -
4465 Bayside Road.
In regards to exhibit F, use of home as a duplex, the current owners of the property,
Brent & Shiann Johnson do not have anyone renting a room. There apparently was a
renter for a short time. After it came to their attention that the property was in violation
of city regulations, they took steps to comply with the city's request.
At this time no one is renting a room and I have been assurred that there will be no future
use of this type. Anyone from the city is welcome to come by and see for themselves.
Someone from the planning commission was given a tour of the property on July 13, 1991
and saw that there is not a renter.
I am sorry for the difficulty that this has caused and hope that there will be no problems
in the future.
CITY OF ORONO
P. o. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mark Johnson
4455 Bayside Road
Maple Plain, MN 55359
ZONING FILE 11663
NOTICE OF PLANNING COMMISSION ACTION
Date of Notice: 8/26/91
COPIES TO: Brent & Shiann Johnson
4465 Bayside Road
Maple Plain, MN 55359
TYPE OF APPLICATION: Preliminary Subdivision
DATE OF MEETING: 8/19/91 VOTE: 6 For O Against
The Planning Commission recommended unanimous approval of the proposed
2-lot plat subject to the conditions set forth in the staff memo dated
August 12, 1991. Those conditions will be set forth in an approval
resolution to be presented for Council's formal action at the September 9,
1991 meeting. A copy of the staff memo and resolution will be sent to you
prior to the meeting.
It would be very helpful if you would provide a statement affirming
your plans for the accessory structure regarding the removal of the
additions to the east and west of the original barn structure (30.2' x
18.4'). As already noted at the meeting, Planning Commission will
recommend that the barn structure may remain for 1 year from the date of
Council's approval of the final plat.
Applicant's next scheduled meeting is confirmed at the City Council on
September 9, 1991; meeting starts at 7:00 p.m.
'l'o:
From:
Date:
Planning Commission Chairman Kelley
Orono Planning Commission Members
Acting City Administrator Gerhardson
Jeanne Mabusth, Building & Zoning Administrator
August 12, 1991
Subject: 11663 Mark Johnson -4465 Bayside Road
Preliminary Subdivision -Continuation of Public Hearing
Continuation of List of Exhibits
Exhibit H -Planning Commission Action Notice of 7/24/91
Exhibit I -Sketch of Basement Living Area
Exhibit J -Weckman Memo of 8/8/91
Exhibit K -Septic Plan/Borings/Perk Tests
Discussion
The subdivision application was tabled at your previous
meeting pending resolve of the illegal duplex issue and a need
for additional septic testing for proposed Lot 1. The existing
septic system serving the house on Lot 1, was found to be failing
and leaching directly into the wetland to the south of the
structure. Please review Exhibit J. Mr. Weckman is in receipt
of additional septic testing for an alternate and a principal
site. Review Exhibit K, Weckman advises that the existing system
will be altered and closely monitored to determine if the
proposed repairs will save the existing system. If the existing
system cannot be saved, a mound system will be installed to
northeast of the residence.
Review Exhibit I, the building staff was asked to sketch a
plan of the lower level basement area that was rented by the
current owner, Brent Johnson. The inspection staff has
confirmed that there is no longer a renter of the lower area.
Section 10.28, Subd. 3(a) does not allow a duplex within the
Rural Residential zone. The lower level cannot be used for
bedroom use as the windows do not meet egress requirements for a
sleeping room. The existing improvements can remain as an
accessory recreation area use for the current owners. A
condition of this approva 1 must inc 1 ude a notice to the pub 1 ic
that duplex use of this structure is in violation of the code and
a disclaimer that the lower level does not qualify as a legal
sleeping room.
Issues Yet 'l'o Be Addressed By Planning Commission
Accessory Structure
Planning Commission must make a recommendation concerning
oversized accessory structure at 1,648 s.f. located within Lot 2.
Zoning File #1663
August 12, 1991
Page 2 of 3
Options:
1. Removal prior to final plat approval.
2. Allow structure to remain for 1 year. (Please note
current code allows only a 1200 s.f. oversized accessory
structure for a lot 2-3 acres in area.) If permit for
residential construction has not been issued by that time,
current owner will be responsible for immediate removal.
Access to Lot 2
Options:
1. Shared access via driveway serving applicant/owner's
property to immediate south. Based on septic locations,
man-made pond within front yard and northern boundary of
property located on curve create sighting problems, these
findings may dictate that access be shared.
2. New curb cut to be approved by Hennepin County off
County Road 84. The County may deny request since a safer
access can be provided off existing private drive to south.
Drainage Easement over Man-made Pond
Staff has reviewed the pond and drainage area. Based on the
centra 1 location of the pond within Lot 2 and the current
drainage pattern, there appears to be no public purpose in its
current or future use and no drainage easements be taken over it.
Staff Recommendation
To approve the two-lot plat subdivision application of Mark
Johnson for the property located at 4465 Bayside Road finding
that all standards of the RR-lB Zoning Distrcit and on-site
septic codes have been satisfied. This approval is subject to
the following conditions:
1. Payment of a park fee based on 8% of the current market
value of the property in an undeveloped state. This
determination shall be made by the assessor. Payment of
park fee shall be due upon the filing of the final plat.
2. Outlet A shall be designated as unbuildable and
available for combination with adjacent residential
properties on north side of County Road 84.
3. Planning Commission recommendation concerning accessory
structure.
Zoning File #1663
August 12, 1991
Page 3 of 3
4. Planning Commission recommendation concerning access.
5. Future owner is placed on notice that existing
residence on proposed Lot 1 does not qualify for duplex use
per Orono Municipal Code Section 10.28, Subd. 3(a). The
finished habitable area in the lower level of the residence
does not qualify for sleeping room/bedroom use.
CITY OF ORONO
P. o. Box 66
Crystal Bay, MN 55323
473-7357
TO: Mark Johnson
4455 Bayside Road
Maple Plain, MN 55359
ZONING FILE 11663
NOTICE OF PLANNING COMMISSION ACTION
Date of Notice: 7/24/91
COPIES TO: Brent & Shiann Johnson
4465 Bayside Road
Maple Plain, MN 55359
TYPE OF APPLICATION: Preliminary Subdivision
DATE OF MEETING: July 15, 1991
NOTES AND SPECIAL CONDITIONS:
VOTE: 7 For O Against
The Planning Commission voted to table all action on your preliminary
subdivision application of a two-lot plat pending resolve of the fol lowing:
1. Issue of duplex.
Applicant must schedule an inspection by the Building Department
to confirm that apartment no longer exists in lower level of
residence structure on proposed lot. This inspection must be
completed before application can be rescheduled before the
Planning Commission.
2. Septic issue.
Applicant has been advised of the need for additional septic
testing for Lot 1 to confirm adequate and suitable area for both
a principal and alternate system. Applicant should also provide
a schedule for the installation of a new septic system to serve
existing residence on proposed Lot 1.
All of the above issues must be resolved by a deadline date of August
6, 1991 if you wish to be rescheduled before the Planning Commission
meeting of August 19th. If you are unable to meet the deadline for the
August 19th meeting, all information must be received by September 4, 1991
to meet the deadline for the September 16th Planning Commission meeting.
Please contact my office if you have any questions concerning the
matter discussed above.
X
To:
From:
Date:
Chairman Kelley and Planning Commission Members
City Administrator Bernhardson
Jeanne A. Mabusth, Building & Zoning Administrator
July 8, 1991
Subject: #166J Mark Johnson, 4465 Bayside Road -
Preliminary Subdivision -Public Hearing
Zoning District -RR-lB
Total Area= 4.41 acres
Lot 1 = 2.0 acres
Lot 2 = 2.12 acres
List of Exhibits -
A -Application
B Property Owners List
C Plat Map
D Wetlands Map
E Septic Memo and Septic Map
F Oman's Letter 2/20/91
G Preliminary Plat
The applicant proposes the division of a 4+ acre parcel
located just to the north of his larger homestead parcel. Based
on the most western location of the existing drive serving Lot 1
and existing improvements, Lot 2 will require a new single curb
cut. Access to Lot 2 may be via the drive located adjacent to
the east lot line of Lot 2 that serves Mr. Johnson's homestead
parcel to the south. Planning Commission may recommend the
shared drive as a condition of approval.
Review Exhibit D. Staff confirms that the wetlands to the
immediate south is not located within the boundaries of the
proposed subdivision. The City Engineer will be asked to make a
recommendation as to the need for a drainage easement taken over
the existing man-made pond just to the north of the existing
barn. The pond more than likely served as a watering hole for
animals maintained on the property.
All lots meet the required width and have been confirmed
with 2.0 acre dry contiguous. Outlot A shall be designated as an
unbuildable lot within the final plat resolution and is available
for combination with adjacent parcels along north side of County
road.
The oversized accessory structure at 1,648 s.f. located on
Lot 2 wi 11 no longer achieve the credit of the principa 1
structure located on the western lot. During an inspection of
this site, the barn has been found to be in a serious state of
disrepair. The City may require total removal, or at a minimum,
al low one year for new owner to apply for building permit for new
residential construction (similar to the Cram application on
Watertown Road).
Zoning File Jl663
July 8, 1991
Page 2 of 2
Please review Exhibit E. The Septic Inspector has reviewed
the septic testing completed for Lot 2. Weckman has also
inspected the existing septic drainfield site on Lot 1. He finds
a failing system that drains into wetland on south side of
property. Weckman has asked that you delay all action on this
subdivision until septic testing has been provided confirming
suitable area for both principal and alternate on-site septic
site for Lot 1. Staff recommends that approval is conditioned on
a new septic system be installed prior to final plat approval.
Please review Exhibit F. In a letter from Lyle Oman in
February of this year. Brent Johnson was advised that a duplex
use of this rural property is illegal. Note the use was
confirmed by a newspaper ad advising of a studio apartment for
rent. Steve Weckman, upon completing a septic inspection for Lot
1, made an attempt to contact the current renter, Brent Johnson,
and found renters in the lower level. Staff has confirmed that
the house is being used for duplex use. Staff asks that we delay
all review of this proposed subdivision until the duplex
violation is removed.
Recommendation -
To table all action on the two lot subdivision application
of Mark Johnson for the property located at 4465 Bayside Road
pending resolve of the following:
1. Removal of duplex use violation.
2. Septic testing confirming suitable area for principal
and alternate on-site septic system serving existing
residence on Lot 1.
CITY OF ORONO -NOTICE
The Planning Commission will hold scheduled public hearings in
the Council Chambers at 1275 South Brown Road on Monday, July 15,
1991 ·on the following subdivision applications:
1. 7:00 p.m. #1661 Samuel Mccloud has made application for a
subdivision of a lot line rearrangement involving properties
described as Lots 16 and 22, Big Island.
2. 7:30 p.m. #1663 Mark Johnson has made application for a
residential subdivision of two lots of the property located
at 4465 Bayside Road.
All persons wishing to be heard will appear at this time.
Written comments are solicited. Plans are available for review
in the City offices by appointment.
City of Orono
By: Planning Commission
/
(;ut.,,
& '-Zoning Administrator
To be published the week of July 1, 1991.
CITY OF ORONO -NOTICE
The Planning-:Commission will hold
scheduled public hearings in the Council
. Chambers at 1275 South ·Brown Road on .
:~=~;JUI L ,15,_ .1~~r ?n _the J~ll9w_ing i
j,,?t0~i/?:~IJ)~11if~&m~~~i~
~qutqe · appl1ca11o_n ·fora ~ubdivisiorf ofaTofllne'?i
rearrangement involving properties describea I
. as l ots 16 and 22 , Big Island . -~ · -'~ ". ~:,::-: -~:
2. 7:30 p.m. #1 663 Mark Johnson has · 1
. _made appl!cab on fo[_a _res idential subdivision I
___ of ~o lots of_ the property located at 4465 '/
·-:ii Bay~1i:fe ijoad~--~#¥.I~~~:!:,,~':'-t.~~~~fr'i;i)t:tt'-~tj
· --'
0 -··--AII persons wishing to be · hearif wiff
. appear at-thh; time : Written comments are I
s'?liCJ!ed . _f>lans are av,!ilable for review in the j
~~~i~iS~~!'.1
··-::. ·. '·.:'-a ,:.··" .rr.-:&±'" Jeanne A Mabusih · ·,
,. _ ~ :.-;;..,,.;..-,";;J'· Building· & :Zoning Administrato; J
j (~b/is~~ir~1 ~t1tt~Nif~i~~~~::trJ
a!,
9~~E.t~1ft~¼~ir~ ·3t _l:.tf ~
,__.._ --"~ ii '
lJUL
Affidavit of Publication
State of Minnesota , County of Hennepin.
Bill Holm, being duly sworn, on oath says that he is
an authorized agent and employee of the publisher
of the newspaper known as THE LAKER, Mound, Min-
nesota, and has full knowledge of the facts wh ich are
stated below:
A.) The newspaper has complied with all the require-
ments constituting qualifications as a qualified
newspaper, as provided by Minnesota Statute
331A.02, 331A.07, and _ other applicable laws , as
amended.
8.) The printed
which is attached was cut from the columns of said
newspaper, and was,rinted and published once each
week for , . successive weeks :
It was first published Mon
the Ji_ day of ----Jf-+'~~-19 9 /
and was thereafter printe an published every
Monday, to and including Monday ,
the __ day of _______ _ 19_;
Subscribed and sworn to me on this
/ (, day of ~ , ,sSJ.
By: YAW)~ a--Jt;-~
Notary Public
Rate Information
( 1) Lowest classified rate paid by commercial users for compara-
ble space : s10.40 per inch .
(2) Maximum rate allowed by law for above matter: $10.40 per inch ,
(3) Rate actually charged for above matter : $5.48 per inch .
Each additional successive week: $3.66 per inch
CERTIFICATE OF MAILING
STATE OF MINNESOTA }
}
COUNTY OF HENNEPIN ) ss.
)
CITY OF ORONO )
I, Jamie Bosma, of the City of Orono, Hennepin County,
Minnesota, do hereby certify that a Notice of Public Hearing
concerning the matter of #1663, was mailed to the attached list
of property owners.
In Witness Whereof, I have hereunto set my hand and seal
this 24th day of June, 1991.
Jamie Bosma
CITY of ORONO
Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offic~
On the North Shore of Lake Minnetonka
DATA PRIVACY ADVISORY
In accordance with M.S. 15.165, "Rights of subjects of data",
we would like to inform you that your request ·for _a permit or
license from the City of Orono or any of its departments may
require you to furnish certain private or confidential inform-
ation.
·-· You are notified that:
1. The information you furnish will be used to determine
your qualification for the permit or license requested.
2. You may refuse to supply data, but refusal may require
that the City deny the permit or license.
3. The information may be shared with other local, state
or· federal agencies to the extent necessary to process
the permit or license.
4. If your requested permit or license reqqires Council
action to approve, some information may become public.
5. You have certian rights under M.S. 15:165 to review
private data on yourself.
6. Your ·full name, and date of birth are required to process
this application or permit.
Mark s. Johnson
First Middle Last
4455 Bayside Road
Address
Maple Plain, MN 55359
N/A
Date of birth (does not apply to building/general permits)
472-6223
Phone
I
BUILDING & ZONING -473-7357
ASSESSING
my rights as stated above.
• ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359
--------.. ------------
RIGHTS OF SUBJECTS OF DATA
Subdivision 1. Type of data. The rights of individuals on whom the data is
stored or to be stored shall be as set forth in this section.
Subd. 2. Information required to be given individwtl. An.individual esked to
· supply private or confidential data concerning himself shall be informed of: (a) the
purpose and intended use of the requested data within the collecting state agency,
political subdivision, or statewide system; (b) whether he may refuse or is legally
required to supply the requested data.; (c) any known consequence arising from his
supplying or refusing to supply private or confidential data; and (d) the identity of
other persons or entities authorized by state or federal law to receive the data. This.
requirement shall not apply when an individual is asked to supply investigative data,
pursuant to section 13.82, subdivision 5, to a law enforcement officer.
The commissioner of revenue may place the notice reauired under this
subdivision in the individual income tax or orooertv tax refund instructions instead of
on those forms.
. . .
. Subd. 3. . Access to data by individwtl. Upon request to a responsible
authority, an individual shall be informed whether he is the subject of stored da_ta on
individuals, and whether it is classified es public, private or confidential •.. Upon his
further request, an individual who is the subject of stored private or public data on
individuals shall be shown the data without any charge to him and, if he_ desires, shall
Se informed of the content and meaning of that data. After an individual has been
shown the private data and informed of its meaning, the data need not be disclosed to
. him for six months thereafter unless a dispute or action pursuant to this section is
pending or additional data on the individual has been collected or created. The
responsible authority shall provide copies of the private or public data upon request by
the individual subject of the data. The responsible authority may require the
requesting person to pay the actual costs of making, certifying, and compiling the
copies. -· . · ·
The responsible authority shall comply immediately, if possible, with any request
made pursuant to this subdivision, or within five days of the date of the request,
excluding Saturdays, Sundays and legal holidays, if· immediate compliance is not
possible. If he cannot comply with the request within that time, he shall so inform the
individual, and may have an additional five days within which to comply with the
request, excluding Saturdays, Sundays and legal holidays. --·-.
Subd. 4. Procedure when data is not aecurate or complete. An individual may
contest the accuracy or completeness ·of public or private data concerning himself. To
exercise this right, an individual shall notify in writing the responsible authority
describing the nature of the disagreement. The responsible authority shall within 30
days either: (a) correct the data found to be inaccurate or incomplete and attempt to
notify past recipients of inaccurate or incomplete data, including recipients named by
the individual; or (b) notify the individual that he believes the data to be correct.
Data in dispute shall be disclosed only if the individual's statement of disagreement is
included with the disclosed data.
. The determination of the responsible authority may be appealed pursuant to the
provisions ~f the administrative procedure act relating to contested cases.
. ..
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PARCELS:
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CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono , MN 55356
OFFICIAL NOTICE OF ADDRESS ASSIGNMENT
November 17 , 1993
Mailing Address :
P.O. Bo x 66
Crystal Bay, MN 55323 -0066
Post Office: Maple Plain 55359
277 Westonka
Fire Department: Maple Plain
School District: Zoning File:
Location: Section 06, Township 117, Range 23, QQ 21
Status: Public Road
Plat Name: Johnson Wheeler 1st Addition
Address Assignments:
Lot 1, Block 1
. Lot 2 , Block 1
4465 Bayside Road (existing residence)
4461 Bayside Road
Please change all your records accordingly. Thank you .
I
Sincerely ,
9.l J/r,1-U ct 'IJJ a,/0£l/v {.Lw)
Jeanne A . Mabusth
Building & Zoning Administrator
Enclosure -City Map; Plat of Johnson Wheeler 1st Addition
cc: Mr. and Mrs . Mark Johnson, 4455 Bayside Road , Maple Plain, MN 55359
Mr. Robert Rosenberg, Suite 2500, One Financial Plaza , 120 South 6th Street ,
Minneapolis, MN 55402
Post Office , Fire Department, School District , Orono Police Department, Orono City
Departments (Finance, Public Works, Elections, Assessing & On-Site Systems Manager),
Wright-Hennepin Co-op Electric Association, Contel, Hennepin County Sheriff, Hennepin
County Dept of Taxation , Minnegasco , Triax, US Postal Service
JAM/lsv
Telephone (612) 473-7357 • FAX 473-0510
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