HomeMy WebLinkAboutRes 7472 Encroachment 2025Existing Certs
1544807
LAND TYPE Torrens (T)
DOC NUM 6073077
Certified, filed and/or recorded on
May 7, 2024 1:20 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 129 Pkg ID 2670008E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on April 22, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of
on April 22, 2024.
Clerk
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7472
A RESOLUTION
AUTHORIZING AN ENCROACHMENT AGREEMENT
TO SUPPORT SEPTIC SYSTEM IMPROVEMENTS WITHIN A WETLAND
BUFFER, CONSERVATION AND DRAINAGE EASEMENT
AND
DENYING A REQUEST FOR AN ENCROACHMENT AGREEMENT
FOR LANDSCAPING IMPROVEMENTS WITHIN A DRAINAGE EASEMENT
WHEREAS, the City of Orono, (the "City") has jurisdiction over the dedicated
easements within the plat of Long Bridge in Orono (the "Plat").
WHEREAS, Paul Scott and Andrea Scott, a married couple (hereinafter the
"Owners") are the owners of the property addressed 975 Long Bridge Lane and legally
described as Lot 3, Block 1, Long Bridge, Hennepin County, Minnesota (hereinafter the
"Property"), and
WHEREAS, within the Plat, there are existing public stormwater drainage ways,
utility easements, wetland buffers, and conservation easements that serve a public purpose;
and
WHEREAS, during the home construction project on the Property, portions of the
septic system including septic tanks (the "Septic Improvements") were placed within the
dedicated drainage and utility easement area on the plat of Long Bridge (hereinafter the
"Easement"), and
WHEREAS, additionally, during the home construction project, a portion of a
landscape retaining wall (the "Wall") was placed within the Easement; and
WHEREAS, during the final phase of the construction project the Septic
Improvements and Wall were discovered by City Staff. The Owners were notified of the
encroachments and were directed to remove the encroachments; and
WHEREAS, the Owners have filed a petition to request encroachment
agreements to address the improvements within the Easement; and
WHEREAS, on April 8, 2024, the City Council reviewed the Owners' request and
directed staff regarding the Septic Improvements and the Wall individually, and
CITY OF ORON"O
RESOLUTION OF THE CITY COUNCIL
NO. 7472
WHEREAS, finding removal of the Septic Improvements would cause more
damage and disturbance to the established wetland buffer, the Council directed staff to draft an
Encroachment Agreement to allow the Septic Improvements to remain in the Easement; and
WHEREAS, the Council denied the Owners' request to allow the Wall to remain
in the Easement Areas and directed the Owners to remove the Wall or to obtain a permit to
relocate the Wall to a conforming location on the Property; and
WHEREAS, on April 22, 2024, the Council authorized the Mayor and City
Administrator to sign the Encroachment Agreement addressing the Septic Improvements
allowing the same to remain within the Easement; and
NOW, THEREFORE, the City Council of the City of Orono, Minnesota, makes
the following findings:
FINDINGS
1. The Septic Improvements within the Easement were installed as part of an approved
Septic System permit.
2. The Wall was constructed without the required zoning permit thus circumventing the site
plan review process which would have identified the conflict with the Easement.
3. The Encroachment Agreement does not affect access to, the use, or effectiveness of the
wetland buffer within the Easement.
4. For the foregoing reasons, it is in the public interest to allow the Septic Improvements to
remain within the Easement described and depicted in the Encroachment Agreement.
DECISION and CONDITIONS
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orono,
Minnesota as follows:
1. The Septic improvements are depicted in the Easement on Exhibit A. .
2. The encroachment shall not affect the authority of any person, corporation, or
municipality owning or controlling the electric or telephone poles and lines, gas lines,
sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage
areas thereon or thereunder, to continue to maintain the same or to enter upon such way
or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend
thereof.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
3. Before the issuance of the final Certificate of Occupancy for the new home (Permit
#RPS22-000095), the Owners will sign the Encroachment Agreement attached as
Exhibit 8, and the Wall within the Easement shall be removed or relocated to a
conforming location on the Property within 60 days of this Resolution.
4. If it is necessary to replace the septic system or septic tank(s) in the future, the Septic
Improvements within the Easement shall be relocated to a conforming area of the
Property outside of the Easement.
5. The City Clerk is hereby directed to file a certified copy of this Resolution with the
County Auditor and the County Recorder/Registrar of Titles following the terms of this
Resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ORONO this 22nd of April 2024.
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