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HomeMy WebLinkAboutResolution 868Resolution No. RESOLUTION OF THE CITY OF ORONO GRANT- ING PRELIMINARY APPROVAL TO THE PRELIMINARY PLAT AND PRELIMINARY APPROVAL FOR THE CONSTRUCTION OF ONE DOCK STRUCTURE ACROSS A MARSH WHEREAS, Victoria Grain Company of Minneapolis, a Minnesota corporation, Robert M. Cargill and Patricia G. Cargill, and Richard T. Doherty and Alice J. Doherty (herein- after Subdividers), desire to plat and subdivide the following - described property situated in Hennepin County, Minnesota, to -wit: Tract B, Registered Land Survey No. 924, files of Registrar of Titles, County of Hennepin, State of Minnesota, except that part thereof lying easterly of a line described as follows: Commencing at the Northeast corner of said Tract B; thence West along the North line of said Tract B a distance of 200 feet to the point of beginning of the line being • described; thence deflecting left 110 degrees through the Southerly line of Tract B. ALSO Tract C, Registered Land Survey No. 158, files of Registrar of Titles, County of Hennepin, State of Minnesota. Said property being hereinafter referred to as "the Land", a copy of the preliminary plat of the Land being attached hereto as Exhibit A; and WHEREAS, Subdividers have presented various proposals to the Orono Planning Commission and the Orono City Council and have from time to time received preliminary approval of portions of said proposals; and WHEREAS, Subdividers have previously submitted an appli- cation to the City of Orono showing the construction of a dock across the marsh to Lake Minnetonka and the construction of a dock into Lake Minnetonka, and WHEREAS, the City of Orono has previously indicated con- ceptual approval of that plan as being a plan that least dis- turbs the environment and is least adverse to the comprehensive plan and zoning ordinances of the City of Orono, and WHEREAS, the Department of Natural Resources has indi- cated that there is a spawning area for fish in that location chosen by the Subdividers for the construction of the dock and that it would be necessary for the Subdividers to construct the dock beyond the 100 foot restriction to provide for six boat slips beyond the spawning area, and WHEREAS, the City of Orono desires to include all action taken by it to this point in time with regard to the platting, subdivision and improvement of the Land in this resolution, NOW, THEREFORE, BE IT RESOLVED: 1. The preliminary plat of the Land, attached hereto as Exhibit A, is preliminarily approved subject to the follow- ing conditions: A. A conservation eastment in the form attached hereto as Exhibit B concerning development of Outlot A until such time as it is owned by the record owner of the following described property situated in Hennepin County, Minnesota, to -wit: Tract C, Registered Land Survey No. 924, files of Registrar of Titles, County of Hennepin and is combined with Tract C, or until such time as the City of Orono ordinances allow construction of a single family dwelling on said Outlot A. B. A conservation easement in the form attached hereto as Exhibit C restricting all development within Outlot B and Outlot C is granted to the City of Orono, subject only to the right of subdividers of the Land, their heirs and assigns, to construct, maintain and repair a single permanent dock across Outlot B of a width not to exceed six feet for access by owners of the Land to Lake Minnetonka, all in accordance with a dock permit application signed by the Subdivider, dated , a copy of which is attached hereto as Exhibit D, now on file with the City of Orono and as hereinafter appears, which dock is to be restricted as set forth hereinafter. C. Final approval of the plat and said conservation easements and any and all other agreements required by the City Council and by the City Attorney. D. Final approval by the City Engineer and the City Council of the plat. E. Payment of the appropriate park dedication fee. 0 • F. Approval of all septic tank designs before issuance of building permits. G. Approval by the City Attorney of a title opinion on said land. H. Payment by the Subdividers to the City of all the City's expenses incurred in the review of this plat and dock permit application, including but not limited to City Attorney's fees, City Engineer's fees, and staff expenses. 2. Subdividers' application for a dock permit for a dock to be constructed as delineated on the attached prelimi- nary plan and in accordance with the dock permit application on file with the City of Orono is approved subject to the approval of Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, and the Lake Minnetonka Conservation District of the same, it being understood: A. Said dock shall begin at the intersection of the existing channel and the body of Lake Minnetonka within Outlot B, thence the dock shall extend adjacent to said existing channel for a maximum length of 180 feet, thence the dock shall traverse the marsh to Lots 3 or 4 of Victoria Estates. • B. Said dock may not exceed a width of four feet, may be used only by the persons in possession of the Land, may not exceed into Lake Minnetonka, and shall provide permanent or temporary moorings for a maximum of six boats of any length or type. C. The portion of the dock constructed immediately adjacent to the existing channel shall extend into said existing channel a distance of thirty inches. D. The dock shall be constructed in accordance with the wetland ordinance and all other ordinances of the City of Orono and a variance is hereby granted to the wetland ordinance No. 125. E. That portion of the dock in Lake Minnetonka shall be subject to an annual license review by the City of Orono pursuant to the ordinances of the City of Orono. F. No more mooring of boats may be allowed within the body of Lake Minnetonka at any time. G. No part of the dock may be constructed until the final plat is approved and filed. • ap 3. Nothing in this resolution shall be interpreted to mean that the channel shown on the preliminary plat was legally • dug, is legally in existence now, or that anyone has a right to dredge that channel now or in the future for any purpose. Moreover, the City Council has indicated to the Subdividers that the City does not believe that the channel was legally dug, and even if the channel were legally dug, the City Council has indicated to the Subdividers that a permit would probably not be issued for dredging of that channel in the future and that the lots to the rear of the Land are not riparian to Lake Minnetonka. The Council and Subdividers agree that the allow- ing of the construction of a dock in no way indicates that the channel provides a navigable access to that dock or any other property. It is understood that presently canoes and rowboats can reach that portion of the channel where the dock may abut on the channel, but large power boats cannot travel up the channel to that point on the channel. 4. A variance is hereby granted -to moratorium ordi- nance No. 194. 5. This resolution was adopted by the City Council 1978 of the City of Orono on the -93 day of by a vote of ayes and D _ nays. • C liam B. Van Nest, Mayor ATTEST: Walter R. Benson,' ✓�'',� Clerk/Administrator 4_1(ze� The Subdividers of the Land referred to herein agree to be bound by the terms and conditions of this resolution and,will execute any documents as necessary to allow the filing hereof in the chain of title of the Land. Robert M. Cargill Patricia G. Cargill Richard T. Doherty 0 Alice J. Doherty VICTORIA GRAIN COMPANY By Its V • • EXHIBIT A - PRELIMINARY PLAT • • • EXHIBIT B - EASEMENT OVER OUTLOT A U • EXHIBIT C - EASEMENT OVER OUTLOTS B AND C • 0 • EXHIBIT D - DOCK CONSTRUCTION PLANS U