HomeMy WebLinkAboutResolution 975RESOLUTION NO. 975
A RESOLUTION APPROVING THE PLAT OF HUNTERS GREEN.
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 Phillip Rusciano, 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 Watertown Road.
2. Dedication on the plat of "drainage and utility easements"
3. Dedication to the City of a Flowage and Conservation Easement
(Exhibit A) providing for limitations on the use of the drainageway
shown on the plat.
4. Dedication to the City of a Utilities Easement (Exhibit B)
granting to the City permanent rights and authority to'enter
upon the land to construct, install, maintain, operate and repair
a sanitary sewer line and any and all appurtenances incidental -
thereto on, across and under the "utility easement" as shown on
the plat. _
5. Payment to the City of a Park Dedication Fee in the amount
of $250.00.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Orono hereby approves the plat of Hunters Green, Hennepin County,
Minnesota; subject to the following conditions:
The aforesaid plat shall be filed with the Hennepin County Recorders
Office on or before July 9, 1979, together with a certified original
copy of this Resolution and executed copies of Exhibits A & B as
noted above.
Resolution No. 975
` 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 9 day of January , 19 79
William B. Van Nest, Mayor
Walter B. Massengale, Acting Mayor
ATTEST:
• Walter R. enson, Clerk/Administrator
FLOWAGE AND CONSERVATION EASEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this 29th day of
th
Cacember7 8 by ana between
1 p�u( Ly6n M. Ztusciano, h
' airs, assigns, successors(here ina ter co active y r
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 Minnesota (hereinafter referred to az 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 Minnesota:
The "drainage easement" as shown on the plat of Hunters Green as
filed and of record is the office of the Hennepin County Clerk and
Recorder.
as follows:
1. Grantor(s) hereby covenant and agree(s):
A. No structures shall be constructed, erected, or
placed upon, above, or beneath the Land including without limit-
ation, fences, fireplaces, steps, docks, piers, hard -cover or
roads of any nature whatsoever, or any other structure or improve-
ment inconsistent with the natural state of the Land.
S. 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 whatsoever or any change of the topography of the Land
without the written consent of Grantee.
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u. No soil, sans, gravel or other substance or naterial
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 hand 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) herein certify that the land herein
described are free and clear of all encumbrances except:
All the provisions hereof shall run with the land and
shall extend to and bind the heirs,essors,j2
repsentatives,
grantees or assigns of the respec/ ve art•e^s her o.
i r15G -C t fir_. ,
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 2r/ day of 1970', before me, a
Notary Public with and for s id County and State, personally
appeared rf
known to me to -Se the.person(s)gibed in aniT who executed
the foregoing instrument, and acknowledged that they executed
said instrument• as: their: own f ac and deed.
• .•.V: WOSROrr Z
NOTARY (UREIC - V.V"-ESOTA S
NIH':. `IN COV NTT
.r[wz%UPI .. a.,. u. m, t Notary Public
State Deed Tax Due Hereon: Exempt
• This instrument was drafted by:
POPHAM, HAIE, SCHNOBRICH, KAUFMAN i DOTY, Ltd.
4344 IDS Center, Minneapolis, Minnesota 55402
(612) 335-9331
UTILITIES EASEMENT
THIS INDENTURE, made this 29th day of December, 1978, by and between
Phillip and Lynn M. Rusciano, husband and wife, hereinafter referred to as
"Grantor(s), and the City of Orono, a municipal corporation, under the laws
of the State of Minnesota, hereinafter referred to as "Grantee".
• WITNESSETH, that Grantor(s), in consideration of the aum of One -.Dollar
($1.00) and for other good and valuable consideration given by Grantee,. the
receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain,
sell and convey to Grantee, its successors and assigns, an easement for public
utilities purposes and uses, on, across and under the land in the County of
Hennepin and State of Minnesota as follows:
A 20 foot permanent esse6ent for sanitary sewer purposes over, under and
across that part of the Southwest Quarter of Section 34, Township 118 North,
Range 23 West, Hennepin County, Minnesota described as commencing at the point
in the south line of said Southwest Quarter distant 214.00 feet east from the
southwest corner thereof; thence no;th 813.55 feet; thence east 19.47 rods;
thence south parallel with the west line of said Southwest Quarter to the
south line thereof; thence west to the point of beginning. The center line
of said easement is described as follows:
Commencing at the southwest corner of the Southwest Quarter of said
Section 34; thence North, assumed bearing, along the west line of said
Southwest Quarter, a distance of 774.32 feet; thence North 89 degrees 46
minutes 15 seconds East 214.00 feet to the point of beginning of the center
line to be described; thence continuing North 89 degrees 46 minutes 15
seconds East 308.39 fast= thence South 02 degrees 22 minutes 13 seconds East
216.14 feet; thence South 43 degrees 04 minutes 25 seconds East 25.00 feet
and said center line there terminating.
-Said permanent easement contains 10,105 square feet more or less.
including, but not by way of limitation, a full and free right and authority
to enter upon said land to construct, instal, maintain, operate and repair
a sanitary sewer lift station, sanitary sewer interceptor, sanitary sewer
main or line, and any and all appurtenances incidental and relatedthereto,
(such are hereafter collectively referred to as the Improvement), and the
Grantee shall have the right to make such use of said land as in reasonably
necessary and advisable to the construction, installation, maintenance, op-
eration and repair of the Improvement.
• In addition to any other remedy the Grantee may have, the covenants and
restrictions contained herein may be enforced by injunction.
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TO HAVE AND TO•HOLD said easement unto said Grantee, .
its successors and assigns, permanently.
The Grantor(s) herein certify that the lands herein
described are free and clear of all encumbrances except:'
None
• IN WITNESS WHEREOF, sa
hand(s) on the day and year f
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 9 X -ay of--�-ci , 1978', before me
personally appeared
, to me nown to be t e persons described
in and who signed the foregoing instrument, and acknowledged
that they executed same as their f ct and deed.
. A
PAUL wosBon
BOTANY PUBLIC oKIBBES07h
MLMn[�IM CVNTY
rrwr�4r"""b'B'w S Notary Pu 1C
STATE DEED TAX DUE HEREON: Exempt
This Instrument was Drafted By:
POPHAM, HAIR, SCHNOBRICH, XAUFMAN
i DOTY, Ltd.
4344 IDS Center
Minneapolis, Minnesota 55402
335-9331
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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 January 9 19 79, approving rl,a
Plat of Hunters Green
on file in the office of the City Clerk/Administrator, City
of Orono,
Walter Benson, Clerk/Administrator
Dated _:this, 9 day of January 19 79
(seal)"
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