HomeMy WebLinkAboutResolution 4794 �I�
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c � Doc No 8678652 10/21/2005 03:33 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Depury 5 TranslD 152295
Fees
$35.50 DOC ���`!; (��) (D�� t�P��
$10.50 SUR
$2.00 COPY �\t� ���'�`'�..'
$48.00 Total
RESOLUTION# 4794
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on Apri122,2002 , and that the same is a
true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 12th day of
January , 2005.
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���. - CITY of ORONO
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A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT FOR PROPERTIES
LOCATED AT 650,660, 670 AND 680 BIG ISLAND
FILE NO.2461
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
_WFIEREAS,the City Council of the City of Orono(hereinafter"City Council")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 of a
lot line rearrangement by William Bryson and Thelma Bryson and James A.R.Johnson(hereinafter
"the subdividers") of properties legally described as: �
Lots 3, 4, 5, 6, 7 and 8, Pleasant View at Lake Minnetonka(hereinafter"the properties")
to be rearranged by transferring of properties new legal descriptions as:
Lots 3, 4 and 5 (hereinafter"Parcel A")
and
Lots 6, 7 and 8 (hereinafter"Pazcel B")
WHEREAS,After due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on March 15, 1999,at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS,the City Council reviewed and tabled the request on Apri112, 1999 by
the subdividers to rearrange the boundaries between the properties; and
WHEREAS, the subdividers have completed requirements of the City for a
subdivision to rearrange the property lines between the properties.
Page 1 of 6 ,
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�� ��� RESOLUTION OF THE CITY COUNCIL
�kESH�j NO. 4 7 � �
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WHEREAS,At their regulaz meeting held on Apri18,2002,the Orono City Council
considered the subdivision application of William and Thelma Bryson, and James A. R. Johnson
noting the following fmdings of fact:
1. The property is located within the RS district. The existing lots aze as follows:
Existin�
Address Legal Description
650 Big Island Lots 7-8,Pleasant View(seasonal dwelling)
660 Big Island Lots 5-6,Pleasant View(vacant)
seasonal dwelling was removed in 2001.
670 Big Island Lot 4, Pleasant View(seasonal dwelling)
680 Big Island Lot 3, Pleasant View(vacant)
to be rearranged as follows:
Proposed
Address Legal Description
Parcel B
650 Big Island Lots 6-7-8,Pleasant View(seasonal dwelling)
U Parcel A
670 Big Island Lots 3-4-5,Pleasant View(seasonal dwelling)
3. The lots are currently 2 separate seasonal residences on four tax parcels that are to
be combined and rearranged into 2 parcels.
4. The lots meet the intent of the Comprehensive Plan of the City of Orono by not
creating additional building sites.
5. 650 Big Island(Lots 7 and 8,Pleasant View)has been legally combined into one tax
pazcel. The lot contains one seasonal dwelling that would remain upon completion
of the proposed subdivision. With the addition of Lot 6,the property would increase
Page 2 of 6 :
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���. - CITY of ORONO
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�� G�/ RESOLUTION OF THE CITY COUNCIL
\k'ESHOj NO. �e � 9 �
to 28,186 s.f. from 19,074 s.f. The total frontage on the lakeshore would also
increase from 100'to 150'. The lot does contain a non-confornung septic system due
to the system being located within 3' of the water table. However, lot line
rearrangements do not require conforming sites as conditions will improve as the site
will grow larger, and the number of residential units in the area will decrease.
6. 670 and 680 Big Island (Lots 3 and 4, Pleasant View) are not combined. The
properties do serve as one common lot,and are under common ownership. The cabin
is located on Lot 4 with a shed and deck/patio areas. Lot 3 is not developed and
contains the septic system for the two adjacent lots to the south. Easements have
been created across Lots 3 and 4 to Lots 5 and 6 for access to the septic site. The
easements would no longer be necessary when Lots 5 and 6 aze split. A lot line
rearrangement will place the entire septic system on one property, eliminating the
need for easements and maintenance agreements.
7. 660 Big Island(Lots 5 and 6)will go away as a result of the lot line rearrangement.
The property would be split leaving Lot 5 to join Lots 3 and 4,and Lot 6 to join Lots
7and8.
8. A single well located on Lot 6 would serve both Parcel A and B.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of Orono hereby
approves the lot line rearrangement of the above referenced property by the subdividers as shown
on the certificate of survey by Paul A. Johnson, a licensed surveyor of McCombs Frank Roos
Associates,Inc.,a registered Land Surveyor and Civil Engineer,dated December 10, 1998,attached
Exhibit "A". The approval is subject to the following conditions:
1. Prior to filing the new property descriptions, an inspection of the 660 Big Island
property is required to ensure all existing structures and the stairway aze removed.
2. The easement that was required for a shazed septic system shall be eliminated since
it no longer is required. Based on the new property line location,the drainfield and
tanks would now be located on the same property as the cabin they serve.
3. Property owners shall have their surveyor provide legal descriptions for drainage and
utility easements 5' along the interior property line and 10' along exterior property
lines.
Page 3 of 6 :
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��. CITY of ORONO
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�� G�/ RESOLUTION OF THE CITY COUNCIL
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4. Property owners shall be advised that the minimum lot size for subdivision on Big
Island is 5 acres. The 5 acre minimum lot size would prohibit any future subdivision
of the lots.
5. The aforesaid division shown on the attached Certificate of Survey shall be filed by
the City of Orono with either the Hennepin County Recorder's Office or Registrar of
Titles Office on or before October 22,2002 together with a certified original copy of
this resolution.
6. The City of Orono shall not issue any pernuts for improvements to either of the new
parcels prior to recording the subdivision.
7. The approval granted by this resolution shall expire if the division has not been filed
by the date specified above. In that event,a new application may be required for the
City of Orono review.
LEGAL DOCUMENTS required:
a) Title Opinions addressed to the City. All owners, mortgage holders or others with
property interest indicated therein shall sign the plat and all other documents affected
by such interest.
b) The subdivider must provide certified copies of all recorded easements currently
affecting the property.
c) Three Copies of Certificate of Survey, with signature blocks, for filing with
Hennepin County.
d) Drainage and Utility Easements documents for easements 10'along exterior property
lines and 5' along interior property line.
Page 4 of 6 :
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��- �� CITY of ORONO
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s��`,��, : r �ldopted by the City Council of Orono, Minnesota this 22nd day of April, 2002.
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�` �,'r� a'5�.�Vee;;City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
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Notary Pub i �
' JACKIE YCUi�C
�; � NOTARY PUBLIC-M'f�"J��OTA ;i
STATE OF MINNESOTA f` , , i4,. �; ��;;
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COUNTY OF HENNEPIN '� � ' '
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The foregoing instrument was acknowledged before me on this =�C�'��f� `' day of
� � �;r � + ,200.=� by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
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