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HomeMy WebLinkAboutResolution 9626 RESOLUTION NO. 962 A RESOLUTION APPROVING THE PLAT OF VICTORIA ESTATES 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 Victoria Grain Company (Robert Cargill and Richard Doherty), the subdivider; 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. 868 and Resolution No. 954. • 2. Platting of lot configuration according to attached copy of Final Plat. 3. Creation of a homeowner's association and/or mutual covenants and easements providing for ownership and maintenance of Outlot B and Outlot C. 4. Dedication to the City of a Conservation Easement and Agreement (Exhibit A) providing for limitations on the alteration or use of wetlands and drainageways described therein, such limitations extending over those areas shown on the plat as Outlot B, Outlot C and the "wetland" area on Lots 4 & 5. 5. Dedication to the City of a Conservation Easement (Exhibit B) providing for limitations on the use and development of Outlot A until such time that said outlot is held in common fee title and combined for tax purposes with Tract C, ,RLS924. 6. Dedication on the plat of "drainage and utility easements". Resolution No. 962 Page 2 7. Payment to the City of a Park Dedication Fee in the amount of $2,122.50. 8, Payment to the City of all variable additional costs incurred by the City in processing and reviewing this subdivision application, according to ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Victoria Estates, Hennepin County, Minnesota; subject to the following conditions: 1. Lots --12..22 32 42 5, and 6. Block 1, Victoria Estates, are hereby determined to be riparian to Lake Minnetonka by virtue of common ownership of Outlot B and Outlot C. . 2. Exercise of the riparian rights of Lots 1 through 6 shall be by means of the common dock constructed and maintained across Outlot B by authority of the Conservation Easement and Agreement (Exhibit A). Said dock shall provide permanent ,_or temporary moorings for a maximum of six boats. The.modring-of three or more boats shall be subject to application for and receipt of an annual joint use dock license according to City ordinance. 3. Nathing_in this resolution shall be interpreted to mean that the City Council believes that the channel shown on the plat was legally excavated, was legally in existence, is a navigable waterway, or that anyone has the right to dredge said channel now or in the future for any purpose. Nothing herein contained shall be construed to mean that the City Council will not entertain -a future appI tion" for maintenance_ dredging of _said` channel"up to.the.dock.permitted herein. However, the, 'City Council has..indicated to Sti dividers --that it_ --would 'ingPermitgogbeyondProbablY not isue=aiiy svch-rdred 3 this dock ~'Further, the City Council determines that those lands upstream from Victoria Estates are not riparian to Lake Minnetonka. • Resolution No. 962 Page 3 4. The aforesaid plat shall be filed with the Hennepin County Recorder's office on or before June 12, 1979 together with a certified original copy of this Resolution and executed copies of Exhibits A and B as noted above. 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 18 day of December , 19 78744 . ArVnK B. Van Nest, Mayor 11 ATTEST: Walter R. 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(Seal) A 0 1 1Zc,so � , qG 2 CONSERVATION EASEMENT AND AGREEMENT AND AGREEMENT, Made and entered into this THIS INDENTURE 1978, by and between day Of � O C 2JU�� ,►-- " _ Robert M. Cargill and Patricia G. Cargill, husband and wife; and Richard T. Doherty and Alice J. Dohertyhusband and wife, , (hereinafter collectively referred to as "Grantors") and the a municipal corporation under the laws of the City of Orono, "Grantee"). State of Minnesota, (hereinafter referred to as W I 111 E S S E T H. WHE REp,S , the following -described o11owing-described land has been platted Estates and the plat thereof duly filed with the as Victoria Est to -wit: Registrar of Titles, County of Hennepin,. No. 924, files of Tract B, Registered Land SurOfYHennepin, State of Registrar of Titles, County in easterly Minnesota, except that part thereof lying of a line described as follows: corner of said Commencing at the Northeast the North line Tract B; thence West along of said Tract B a distance of 200 feet to point of beginning of the line being degrees the P thence deflecting left 110 deg described; line of said Tract B. through the Southerly ALSO red Land Survey No. 158, files Tract C, RegisteCounty of Hennepin, of Registrar of Titles, State of Minnesota. of the following - WHEREAS, Grantors are the owners erty situated in Hennepin County, Minnesota, described pro P to -wit: and Outlot C, Victoria Estates, Outlot B recorded plat thereof, according to the duly County of files of Registrar of Titles, Hennepin, said land being hereinafter referred to as "the Conservation Area,„ and, parcels of WHEREAS, said plat contains the following P WH land, to -wit: 3, 4F 5, 6, Block 1; according Lots 1, 2, all in Victoria Estate Registrar _ and Outlot A, all plat thereof, to the dulyrecorded of Hennepin, of Titles, referred to said lots and outlot being hereinafter collectively as "the Residential Land,” ��IZ�Srf�PPPPr, Xyg/vr 5 Root . 962 r CONSERVATION EASEMENT THIS INDENTURE, Made and entered into this A2 ft day of 1978, by and between Victoria Grain Company of Minneapolis, a Minnesota corporation (hereinafter referred to "Grantor") and the City of Orono, a municipal corporation as under the laws of the State of Minnesota(hereinafter referred to , as "Grantee"), situated in WHEREAS, the following -described property Hennepin County, Minnesota, has been platted as Victoria Estates, to -wit: No. of ed Land Survey RegisterNo. 924, Tract B, County of Hennepin, State of Registrar of Titles, art thereof lying easterly Minnesota, except that p of a line described as follows: Commencing at the Northeast tcornorthfline d Tract B; thence West along of said Tract B a distance 200 fee to the point of beginning_ left 110 degrees described; thence deflecting through the Southerly line of said Tract B. ALSO Registered Land Survey No. 158, files of Tract Reg County of Hennepin, State of Registrar ar of Titles, Minnesota. recorded in the files of Registrar of and the plat thereof duly t of Hennepin. said land is hereinafter referred o Titles, County as "the Land"; and,' a tract of land adjacent to the Land contains WHEREAS,situated only one acre or less, has a sing le -family dwelling thereon and is described as follows, to -wit: istered Land Survey No. 924, files of Tract C, Reg County of Hennepin. Registrar of Titles, and, Tract herein"the Acre Tract"; Said Tr after referred to as of Orono now WHEREAS, the zoning ordinances of the City provide that such a single-family dwelling may not be erected and, upon a lot containing less than two acres; I