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HomeMy WebLinkAboutResolution 951• RESOLUTION NO. 951 RESOLUTION APPROVING THE PLAT OF FOXWOOD 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 Dennis Kumlin, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: 1. Dedication on the plat of rights of way for public streets and roads, shown as Fox Street. • 2. Dedication to the City of a Flowage and Conservation Easement (Exhibit A) providing for limitations on the use of wetlands and/or drainageways described therein. 3. Payment to the City of a Park Dedication Fee in 'the amount of $500.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Foxwood, Hennepin County, Minnesota; subject to the following conditions: The aforesaid plat shall be filed with the Hennepin County Recorder's office on or before April 10, 1979, together with a certified original copy of this Resolution and executed copies of Exhibit A as noted above. 0 1 Resolution No. 951 Page 2 The approval granted by this Resolution shall expire 'if the plat has not been filed by the date specified above. In that event, it will be.necessary to file a new application with the City of Orono for subdivision review. Dated this 10 day of October , 19- 78 _ William B. Van Nest,.Mayor ATTEST: Walter R. Benson, Clerk/Administrator • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City -Council of the City of Orono on October 10 , 19 7$ approving -the Plat of Dennis Kum z.n - Foxwood of Orono. Dated this 10 day of October , 19 78. (Seal) FLOWAGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGES �?Gsac 9S/ TIIIS INDENTURE, mapand entered into this L% day of �(-1 p -a_ , 197& by and between Oa7NNIS 4-141Z DA 914 F2. k7_0 M L IAJ heirs, assigns, successors hereinafter collectively referred to as the Grantor(s)) and the City of Orono, its suc— cessors and assigns, a municipal corporation under the laws of the State of l;innesota (hereinafter referred to as the Grantee) . WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and pre- clude the use, improvement and development, under the 'condi- tions and covenants herein contained, the following described Land in the County of Hennepin and State of ISinnesota: That part of Lots 1 and 2, Block 1, Foxwood, described as follows: Beginning at a point on the North line of said Lot 1 distant 40 feet'East from the Northwest corner of said Lot 1; thence West on saj North line and the North line of said Lot 2 a distance of 220 feet; thence deflecting left 146 degrees a distance of 50 feet; thence deflecting left 17 degrees a distance of 115 feet; thence Northeaster to the point of beginning. -. . ; D. No soil, sand, rgravel 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 conservation, erosion control, soil con- servation, 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 mat- ter inconsistent with the covenants contained herein and the natural state of the Land. 2.. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any. and all claims, 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. Grantor(s) do not intend that the public should have any interest in the above land by.virtue of this indenture or other- wise, except as hereinabove set forth. The Grantor(s) her certify that the land herein .described are free and clear of all encumbrances except: V( 1.