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HomeMy WebLinkAboutResolution 939RESOLUTION N0. 939 A RESOLUTION APPROVING THE PLAT OF STIELOWS ADDITION WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision plat by Jurgen Stielow, Lynn Charlson, Glyde Scribner and the New Thought Center, Inc., the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: -Dedication on the plat of rights of way for public streets and roads shown as County Road No. 84. ` -Creation of a new private road shown on the plat as Outlot B to be known henceforth as Oxford Road. Concurrent with the creation of this private road, the Subdivider has dedicated to the City a Road and Utilities Easement (Exhibit A) granting to the City permanent access, improvement and utility easements over said•Outlot; the Subdivider has created non-exclusive ingress, egress, drainage and utility easements (Exhibit B) over said Outlot in favor of all abutting and/or benefiting lots; and the Subdivider has created certain maintenance covenants (also Exhibit,B) wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. -Dedication to the City of a Flowage and Conservation Easement (Exhibit C) providing for limitations on the use of wetlands and/or drainageways described therein. -Execution of a Subdivider's Agreement (Exhibit D) providing for installation of certain improvements as a condition of subdivision approval. Payment to the City of a Park Dedication Fee in the amount of $4,336.00. • Resolution No. 939 • Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Stielows Addition, Hennepin County, Minnesota; subject to the following conditions: 1. The aforesaid plat shall be filed with the Hennepin County Recorder's Office on or before March 13, 1979, together with a certified original copy of this Resolution, and executed copies of Exhibits A, B, & C as noted above. 2. Lots 11 231 31 4 & 5 are riparian to Lake Minnetonka. Lots 6, 7, 8, 9, 10, 11 & 12 are not riparian to Lake Minnetonka and shall have no lake access rights across the riparian lots. 3. Lots 1 and 8 shall have no direct access from County Road 84 but all access shall be from the private road, Outlot B. 4. Outlot A shall be legally combined for tax purposes • with Lot 4 or Lot 5. 5. This approval provides no committment as to future approval or disapproval of redivision of any of the lots created herein. Any. such future division must be by separate application and must meet all requirements then current. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to. file a new application with the City of Orono for subdivision review. Adopted by the City Council of the City of Orono at their scheduled meeting on this 13th day of September, 1978. William B. Van Nest, f4ayor ATTEST: 10 6-, ,-, e�_ ? -, �-- � � ,Allierta Strom; Deputy Clerk/Administrator • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting Deputy Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City Council of the City of Orono on September 13, 1978 approving Stielows Addition on file in the office of the City Clerk/Administrator, City of Orono. Alberta Strom, Deputy Clerk/Administrator • Dated this day of,19z. i4 • ROAD AND UTILITIES EASEMENT THIS INDENTURE, Made this day of 1978, by and between Lynn L. Charlson and Beryl W. Charlson, husband and wife, hereinafter referred to as "Grantors", and the City of Orono, a Municipal Corporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee". WITNESSETH, that Grantors, in consideration of the sum of One Dollar ($1.00) and for other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantors, do hereby grant, bargain, sell • and convey to Grantee, its successors and assigns, an easement for public ingress, egress, access,•road and utilities purposes and uses on, across, and under the land in the County of Hennepin and State of Minnesota, as follows: Outlot B, Stielow's Addition, according to the plat thereof on file and of record in the office of the Hennepin County Register of Deeds. including but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain,, operate and repair a sanitary sewer lift station, sanitary sewer interceptor, sanitary sewer main or line, gravel or paved road and any and all appurtenances incidental and related thereto (hereafter referred to as the "Improvements"), and the Grantee shall have the right to make such use of said land as is reasonably necessary and advisable to the construction, installation, maintenance, operation and repair of the Improvements. TO HAVE AND TO HOLD said Easement unto said Grantee, its successors and assigns, permanently. IN WITNESS WHEREOF, said Grantors have executed this Agreement on the day and year first above written. Lynn Q. Charlson . ,: ` Beryl W. Char son N STATE OF MINNESOTA ) ) SS.: COUNTY OF HENNEPIN ) On this c29 day of , 1978, before me a notary public within and for said county personally appeared Lynn L. Charlson and. Beryl W. Charlson,-husband and wife, to me personally known, who being duly sworn did say that they are the individuals named in the foregoing instrument and acknowledged said instrument to be their free act and deed. s D N. FRANK BLIC—MINNESOTA Notary Public PIN COUNTY • i p - MAYft; f THIS INSTRU14ENT WAS DRAFTED BY: SWEEN & SALAZAR, LTD. Attorneys at Law 7900 Xerxes Avenue South Suite 1401 Minneapolis, MN 55431 DECLARATION OF PRIMATE ROAD EASEMENT AND DECLARATION FOR MAINTENANCE OF SAME Oxford Road Stielow's Addition KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Lynn L. Charlson individually, is the fee owner of that certain parcel of real estate located in the'City of Orono, County of Hennepin, State of Minnesota, legally described as follows: • Outlot B Stielow's Addition according to the > 9 plat thereof filed also known as Oxford Road. and WHEREAS, Beryl W. Charlson is married to Lynn L. -Charlson; and WHEREAS, Lynn L. Charlson now desires -to create a non-exclusive private road easement for driveway, ingress and egress, and utility purposes over and across Outlot B, Stielow's Addition for the mutual benefit of Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1, Stielow's Addition. NOW, THEREFORE, in addition to the easements created by a Declaration of Covenants, Conditions, Restrictions and Easements, Lynn L. Charlson does by this Declaration for himself, his heirs, successors and assigns, hereby create a non- exclusive easement for driveway, ingress and egress, and utility purposes over and across Outlot B, Stielow's Addition, for the mutual benefit of Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1 (hereinafter the "benefited lots") Stielow's Addition, but not for the benefit of any other lots in Stielow's Addition; and WHEREAS, the undersigned are all the owners of record of the following described lots in the City of Orono, County of Hennepin: Lot 1 Lynn L. Charlson Lot 2 Lynn L. Charlson Lot 3 Lynn L. Charlson Lot 4 Lynn L. Charlson Lot 5 Lynn L. Charlson Lot 6 Lynn L. Charlson Lot 7 Glyde R. Scribner, John L. Peterson, Terrance D. Johnson, and LAD Development Corporation, a Minnesota corporation, own that part of Lot 7 formerly embraced by Lot 3, Auditor's Subdivision No. 207, Hennepin County, Minnesota. Lynn L. Charl°son owns that part of Lot 7 formerly embraced by Lot 4, Auditor's Subdivision No. 207, Hennepin County, Minnesota. Lot 8 Lynn L. Charlson all in Block 1, Stielow's Addition. NOW, THEREFORE, in consideratirn of the receipt of One Dollar ($1.00) • and the granting of the above private road easement for the benefited lots, the above owners of each lot so described, their heirs, assigns and successors (herein- after referred to as owners or owner) hereby covenant and agree as follows: 1) That the owners do hereby acknowledge the existence of said private road easement and the existence of the private road, and that the City of Orono has no obligation to maintain or service said private road, and that the City or Orono does not intend to ever acquire or open said private road as a public roadway. 2) That the owners will and do hereby assume and agree to pay a proportionate share of the costs of maintaining, repairing and replacing, if necessary, the private road over said easement described herein to at least a standard of quality equal to the private road as it was approved by the City of Orono as part of the subdivision of the adjoining land, and as may be required from time to time by the ordinances of the City of Orono in regard to private roads.. Each Owner's share -of such costs shall be due and payable on the date such costs for construction, maintenance or repair are due and payable to the person or entity rendering an account therefor. Each Owner's share of such costs shall bear interest at a rate of eight (8) percent per annum from such due date to the date of payment. Any Owner may bring an action, on behalf of the 0 non -defaulting Owners, to collect a defaulting Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorneys' fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. The plans, specifications and the awarding of contracts for the private road or for any alterations in the private road after construction thereof shall be approved in writing by the Owners of twenty-five (25) percent of the Lots. The costs incurred for maintenance and repair of the private road shall be approved in writing by the Owners of twenty-five (25) percent of the Lots. No Owner may exempt himself from the liability for assessments by • waiver of the use or enjoyment of any of the private road or by the abandonment of his Lot. In the event that the Owners of each Lot described herein fail to maintain, repair and replace the private road as provided for herein, it is agreed by all parties that the City of Orono may undertake to maintain, repair and replace the private road as provided for herein, and that such actions by the City of Orono 'will not result in the private road's becoming a public roadway, and that each of the Owners will pay to the City of Orono the proportionate cost incurred by the City of Orono within thirty (30) days of the receipt of such charges, or else such charge shall become a lien upon each Lot at the proportion as provided for herein. Said proportionate share is to be determined by dividing the total costs of maintenance, repair or replacement, including without limitation, the cost of cleaning, snow removal, surfacing and resurfacing, by the number of Lots set forth 0 above, adjoining the private road; and that each Owner shall become liable for said proportionate share from and after the date of this Agreement. 3) Each of the Owners of a Lot described herein hereby covenants with each of the Owners of all of the other Lots described herein, and each Owner of a lot described herein, by acceptance of a deed therefor, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then Owners of all of the other Lots described herein, that he/she/they shall pay promptly when due his/her/their proportionate share of the costs described in the preeeding.paragraph. The costs described in the preceding paragraph shall be a personal ob.ligati.on of the person or persons who are the owner(s) of such Lot at the time when such.costs were incurred, and said obligation shall not pass to his/her/their successors in title unless expressly assumed by them. 4) The private road shall be used strictly in accordance with the easements granted therefor. Except as herein provided, no Owner shall obstruct or interfere whatever with the rights and privileges of other Owners in the private road and nothing shall be planted, altered, constructed upon or removed by an Owner from the private road. If an Owner shall violate this section, the remaining Owners shall have the right to restore the private road to its prior condition and assess the cost of such restoration against the Owner who violates this section and such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any of them, shall have the right and power to collect the cost of such restorations in a legal proceeding for that purpose. If an -Owner interferes with the rights and privileges of another Owner in the use of the private road, except as herein provided, the remaining Owners, or any of them, may commence an action to enjoin such interference and the prevailing party shall be entitled to recover such reasonable attorneys' fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. Any Owner may delegate his right of enjoyment to the private road to his tenants who reside on a Lot, to the members of his family and his guests and to his invitees. 5) This covenant shall run with the land and shall be binding on • and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. 6) There may be no amendment to or release of the terms of this easement and declaration without the prior written consent of the City Council of the City of Orono. IN WITNESS WHEREOF, the parties have hereunto executed this easement and covenant the day and year first above written. Owners of Lots 1, 2, 3, 4, 5, 6, 8, and that part of Lot 7. formerly embraced by Lot 4, Auditor's Subdivision No. 207, Hennepin County, Minnesota. Owners of that part of Lot 7 formerly embraced by Lot 3, Auditor's Subdivision No. 207, Hennepin County, Minnesota. 0 Lynn L harlson Beryl W. tharlson Faith J. Peterson LAD DEV kLOPMENT "ORPO By 11 ' 0 • STATE OF MINNESOTA ) SS.. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this,;20 day of 1978, by Lynn L. Charlson and Beryl W. Charlson, husband and wife, owners of Lots 1, 2, 3, 4, 5, 6, 8, and that part of Lot 7 formerly embraced by Lot 4, Auditor's Subdivision No. 207, Hennepin County, Minnesota. EDWARD N. FRANK NOTARY PUBLIC—MINNESOTA Otary PUb11C HENNEPIN COUNTY MY COMMISSION[XPIREG MAYS. 1884 STATE OF MINNESOTA ) ) SS.. • COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1978, by Glyde R. Scribner, a single person, one of the owners of that part of Lot 7 formerly embraced by Lot 3, Auditor's Subdivision No. 207, Hennepin County, Minnesota. qs BETTY A. ENNIS ' t NOTARY PUBLIC. MINNESOTA Notary Public i HENNEPIN COUNTY My Commission Ex ,res i=,� p..:« rh_ja,r.,15, 1980 y� STATE OF MINNESOTA ) SS.. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1978, by John L. Peterson and Faith J. Peterson, husband and wife, two of the owners of that part of Lot 7 formerly embraced by Lot 3, Auditor's Subdivision No. 207, Hennepin County, Minnesota. BETTY A. ENNIS NOTARY PUBLIC -MINNESOTA Notary Public HENNEPIN COUNTY :��°:' My Commission Expires 61ar. 15,1980 • STATE OF MINNESOTA ) ) SS.: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1978, by Terrance D. Johnson and Karilyn L. Johnson, husband and wife, two of the owners of that part of Lot 7 formerly embraced by Lot 3, Auditor's Subdivision No. 207, Hennepin County, Minnesota. BETTY A. ENNIS NOTARY PUBLIC -MINNESOTA Ny otar Public HENNEPIN COUNTY My Commission Expires Mar. 1." 1980. STATE OF MINNESOTA ) ) SS.: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of /Lzy/� _�1978, by 7 %o�� and 17 _ respectively the „r,� _ �� , and _ R Zdf of LAD DEVELOPMENT CORPORATION, on behalf of the corporation, one of the owners of that part of Lot 7.formerly embraced by Lot 3, Auditor's Subdivision No. 207, Hennepin County, Minnesota. tr „� BETTY A. ENNIS Notary Public NOTARY PUBLIC -MINNESOTA TjY..S �i x. f( HENNEPIN COUNTY '• •, ?' My Commi ssion Expires Mar. 15, 1980 THIS INSTRUMENT WAS DRAFTED BY: SWEEN & SALAZAR, LTD. Attorneys at Law • 7900 Xerxes Avenue South Suite 1401 Minneapolis, MN 55431 FLOWAGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGES 1x////5/ 7 - THIS THIS INDENTURE, made and entered into this <VL day of 1978, by and between Lynn L. Charlson and Beryl W. Charlson, husband and wife, their heirs, assigns, successors (hereinafter collectively re- ferred to as the "Grantors"), and the City of Orono, a municipal corporation under the laws of the State of Minnesota, its successors and assigns, (hereinafter re- ferred to as.the "Grantee"). • WITNESSETH, Grantors for -and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantors agree to limit and preclude -the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: as follows: See Exhibit A attached hereto for legal description. 1) Grantors reserve for the benefit of the owners and occupants of Lots 1, 3, 4 and 5, Block 1, Stielow's Addition, a 10 -foot wide walkway ease- ment to Lake Minnetonka over and across each of Lots 1, 3, 4 and 5, Block 1, Stielow's Addition, together with the right to maintain and repair said walkway tain, repair and use a single-family residential dock on each of Lots 1, 3, 4 and 5, Block 1, Stielow's Addition. 2) Subject to the rights reserved in Paragraph 1 hereof, Grantors hereby covenant and agree: a) No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, hard -cover or roads of any nature whatsoever or any other structure or improvement inconsistent with the natural state of the Land. easement. Grantors further reserve for the benefit of the owners and occupants of Lots 1, 3, 4 and 5, Block 1, Stielow's Addition, the right to construct, main- tain, repair and use a single-family residential dock on each of Lots 1, 3, 4 and 5, Block 1, Stielow's Addition. 2) Subject to the rights reserved in Paragraph 1 hereof, Grantors hereby covenant and agree: a) No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, hard -cover or roads of any nature whatsoever or any other structure or improvement inconsistent with the natural state of the Land. b.) No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. c) No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatso- ever or any change of the topography of the Land without the written consent of Grantee. d) No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored • upon the Land. e) No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would -tend to change the drainage, flood control, water conservatiory erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. f) Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the -Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 3) Grantors hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 4) Grantors herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and Employees of Ella s- and from any and all claims, demands or causes of action of any kind or nature • whatsoever which may arise or accrue:by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantors do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantors herein certify that the Land herein described is free and clear of all encumbrances except easements, restrictions and reservations of record, if any. All the provisions hereof shall run with the land and shall extend to -and bind the heirs-, successors, representatives, grantees or assigns of the respective parties hereto. Lynn M. Charlson Beryl W. har son STATE OF MINNESOTA) ) SS: COUNTY OF HENNEPIN) On, thi is day of 1978, before me a notary public within and for said County, personally appeared Lynn L. Charlson and Beryl W. Charlson, husband and wife, to me personally known who being duly sworn did say that they are the individuals named in the foregoing instrument and acknowledged said instrument to be the' free act and de . .� EDWARD N. FRANK _ 1 NOTARY PUBLIC -MINNESOTA Notary Public 1 HENNEPIN COUNTY THIS INSTRUMENT -RAT DTU f TED BY: SWEEN & SALAZAR, LTD. Attorneys -at Law 7900 Xerxes Avenue South Suite 1401 - Minneapolis, MN 55431 R EXHIBIT "A" E'.11 trt.t Pa -rt of Loi 1, BIOCi: 1, SiI= L0:"ij LLv�'i IyZP.o ii�St =t1V OF t`La follow; n-7 �� t.^lic at t:_ iit ^L i_.o ds� sc rib d line: Co.,,... _ ^? :) t_ELeas L cer- n2r oL said Lot i; -hence on an assumed beari-na OF t.`alth 89 (L vur=t s =42 al:li2tE'S 15 SeCCO^_S i"�cjt , .?lO to i^C ..7rtR.Zrly lire OF ;;'LC-'_ Lot 1, Z d is Laace of 3-33.S7 ► ;.,. L, Ln=nce t.orLh 33 deo secs 54 cui nu t_s L oCt= 14 Seconds E''�St, c lORo said 1P:. r ly line OF Lot Z, 3 d_S- LCnce OF 39-90 feet; thence Nzorth. G9 deogren s 2" ,ainut-es 15 seconds :"est, along Said iiJrth-zrly l i e O F Lot 1, a dis ta- ce Oi 207-28 fz-=t to the poldlt 0- beoinnina OF the line to b_ described; t}' enc:' SOIL; 3 degrees 41 m-Latut=S 22' secCRdS '.':est tO the share of Lake ='•tinnetor-ka, and there "et-:iza-ti ro_ All. thi t part of LOt J, Black 1, ST! E GiiS 'Db TSG_`► lyingr- t erlY- Of -tie folloliing descr'ib-d lime: Eegin'ZI_rcc 2% 2 PaLnt- ir. the Southerly lire of said Lot 3 their distant 368_3' feet Westerly of the Southeast corer of said Tot. J; tire..^.ce. t4or'th 1-11groes m ,notes OJ seconds -;est, 201'.12 Feet-, to the 21 -or herly _Hna.. Of said - • Lot 3 or its extension and there to moat -Lag_ For'purposes o F thds description, L. SeuL Lerly line of said Lo . .i is ass to besz- Nortz 89 degrees 12 37 seconds r'sest_ �l that part Of Lai. 4, Bloclk 1, S:TELO iS DDITTO 4,ltl7L•a ;'iestem- y of the fo110: ung descr-i-bed line: Begin-ning at a poi?'tt in u e No hrly. _ine cr said Lot 4 ta-.eriein dist---it 568-3-1 feet :,esu ply . OF the lliOrtime2S t COLTcer of . Sz"? LOt - ; . theace South 26 C?crees 14 di'_i'1tC5 10 sec0^d5 i.�311, 22Q_9'3 re$t, t0 tie SOt1z:L=rly liriQ Or Ss?a Lct 27L:�t there tea— matLnj. For puarposes of this descrintic-, the: artherly line Of sed Lot 4 is ass- ed tC+ 89 degrees 12, - rainut_-s 37 Seco, dS hest_ _ .41i that- part o: Lot 5, Block- 1, 5T1_,Z_L0;JS LDSTI06, lying; jwesterly - Of the follotiirg described line: G,zolrn?n g 2t1- a point irn the Scut`herly line or said Lat rJ' therein dis'''`—c 333_0•5 feet W_-5tarly OF 'C.^_e South east co'_TCr Or said Lot S; tt'e? .^.e Nor-th '22 daa :2 47__ii:_.tes VL deco n-�= r3� `, a distance cE 115-72 Te'!L; t.t 2_^_c^= iiJrLu - Lc d'-ac3-ees •`n t--Ir,ut's 1+8 i; -_St, a C' i St`•^_ce Of 13,5_03 iect t1 t line t l to t_�' 14orther!y in e of s�'�_•-Ld -rot 5 --n Unzr� puroose5 of this CCSc_ri�Lion, L!i.''. Scut erly lines OF said Lou 5 is - f ass1-',ed to bear ,.orth 33• decrees _1 minut-es 21 seconds i'_zs t- .4: