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Home My WebLink AboutResolution 1440 � � C�t� o� ORONO r � . ' � • RESOLUTION OF THE CITY COUNCIL _ � NO. 1440 • - . • - • • FINAL PLAT APPROVAL ` - FOR SCHLEE BUILDERS INC. , , INCLUDING FINAL APPROVAL OF . CONDITIONAL USE PERMIT & VARIANCE 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 comprehensive plans and 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 planned residential development subdivision for 24 lots by Schlee Builders, Inc. , the subdivider; and WHEREAS, on August 23, 1982, the City Council adopted eResolution No. 1404 Granting Preliminary Approval for a Conditional �Use, Variance and Plat to Schlee Builders, Inc. for Revised Application #585; and � WHEREAS, Schlee Builders, Inc, has completed all requirements of the platting code of the City and all requirements of Resolution No. 1404, including without limitation: ' A. Entering into a Subdivider' s Agreement with the City dated October 11, 1982, which agreement provides ' for the construction of private and public improvements benefitting property within the plat, provides that the subdivider shall deposit with the City sufficient security to ensure payment by the subdivider of all costs of such benefitting improvements, and provides � that the subdivider will pay all administrative, engineering, legal or other costs incurred by the City in review of the subdivision. 1) The Subdiviers 's Agreement provides that Plan A Improvements consisting of certain grading, utility, parks and landscaping work will be installed by the Subdivider at Subdivider 's expense. i . 1 of. 5 . d Clt� o� ORONO • _ . � RESOLUTION OF THE CITY COUNCIL . � NO. 1440 • � • • ' . 2) The Subdivider ' s Agreement provides that Plan B � Improvements. consisting of certain street, curb and gutter, storm drainage, sanitary sewer and water main improvements will be installed by the City as part of public improvement projects 82-1 & 82-2, the cost of , which will be specially assessed against. each lot in the subdivision � according to the terms and conditions of the Subdivider 's Agreement and according to the regular assessment policy of the City. 3) Acceptable Letters of Credit have been deposited with the City as security for completion of all Plan A . � Improvements by the Subdivider, and as security for payment of all pending assessments for Plan B Improvements. B. Written agreement by Schlee Builders, Inc. to the special � assessment of benefitting public improvement project costs against all residential lots in the plat according .to the ' terms of the Subdivider 's Agreement;- includ�.ng waiver by Schlee Builders, Inc. , its heirs, successors and assigns of an.y and all rights to appeal such special assessments as may be levied by the City. • , C. Payment by Schlee Builders, Inc. of all required Park Dedication Fees. � � D. Schlee Builders, Inc. has provided to-the City all required street, utility. and flowage and conservation easements, including required flowage easements over property not included within� the �lat of Navarro. E. Schlee Builders, Inc. has provided to the Ci.ty a warranty deed to Outlot A, Navarro, to� be recorded and become effective immediately following recording of the Plat of Navarro. � F. Schlee Builders, Inc. has provided to. the City a warranty . deed to the "park" as shown on the Plat _�of Navarro, to � be recorded and become effective immediately following recording of the Plat of Navarro. • . : - . 2 of 5 � Ci.t� o� ORONO • . . . � RESOLUTION OF THE CITY COUNCIL . � NO. 1440 • • � • • ' : . G. Schlee Builders, Inc. has provided. to the City an easement for street purposes over, on and across a portion of Lot 1, Block 3, Navarro .for purposes of conStructing, maintaining and using a street cul de sac turnaround until such future time as Livingston Avenue might be extended west of the Plat of Navarro. NOW, THEREFORE BE IT RESOLVED that� the. City Council of the City of Orono hereby approves the Plat of Navarro, Hennepin County, Minnesota, subject to the followi.ng conditions: � 1. Approval of this plat includes approval of a ' � Planned Residential Development Conditional Use Permit which requires construction of 12 .attached � twin-homes, a total of 24 single family dwelling . units, on the 24 platted lots. Adjacent lot • pairs shall be used for construction of the twin- homes as follows: . Block l; Lots 1 & 2: 3 & . 4 :.. 5 & 6 : 7 & 8 : 9 & 10 . Block 2; Lots 1 & 2: 3. & �4 : Block 3; Lots 1 & 2: 3 & 4 s 5 & �6: 7 & 8 : 9 & 10 2. Approval of this plat includes approval of nominal net density lot area variance to allow platting of the full 24 lots. No other variances for any , ,setback, hardcover, height or any otlier zoning code performance standard� shall be granted for any construction on any lot within this plat. 3. Approval of this plat includes formal acceptance by the City for public use of the road, the avenues, the , park, the drainage and utility easements, and the drainage easements as donated, dedicated and shown• on the Plat of Navarro. 4 . Approval of this plat is subject to recording of a �. ' private Declaration of Covenants, Conditions and Restrictions against all the residential lots in the plat, specifically excluding Outlot A, which ' covenants shall govern such items as part�-wa�.l • agreements, exterior maintenance and construction, common areas and easements. A Homeowner' s Association ' consisting of all owners of residential lots in the plat shall be created to oversee administration and enforcement . . . "of the Declaration of Covenants, Conditions, and Restrictions. � .�� , � .> ;,, ' d C�t� o� ORONO • - . . � RESOLUTION OF THE CITY COUNCIL . � NO. 1440 • � • • - 5. Approval of this plat is subject to recording of a flowage and conservation easement to the City . • over certain wetlands located on portions of Lots 2, 3 and 4, Langdon Park adjacent to but not included within the Plat of Navarro, which wetlands are to be used for storm drainage purposes benefitting , the land in the Plat of Navarro. 6 . All unpaid special assessments levied against the property to be platted as Navarro existing at the time the plat is recorded, and all pending special assessments for the public improvements being installed purusant to City Improvement Projects 82-1 & 82-2, shall be evenly divided •and respread among each of the 24 residential lots created by � this plat. None of the existing or pending special � assessments shall be respread against the. "Park" or Outlot A. • 7. Schlee Builders, Inc. , the Subdivider, shall be � responsible for providing all documents in record- able form, for curing any and all title or other � deficiencies which may delay or prevent recording of the above documents, and for paying any and all . recording fees including the expenses. of the City incurred in the recording of the plat and related • documents. � 8 . The approvals granted by this Resolution shall expire on December 13, 1983, if failure on the part of the subdivider has prevented recording of the plat and related documents listed in paragraph #9 below by that date. In that event, it will be necessary to file a . • new application with the City for subdivision review. 9. Upon completion of the above conditions of approval by the Subdivider, the City will file and record with the Hennepin County Recorder 's Office the following � documents in the following sequence"s a) A release of the permanent easement for sewer and other utility purposes recorded in the Hennepin County Registrar of Titles Office as document No. 1491431. � b) The Plat of Navarro, Hennepin Courity, Minnesota. � 4 of 5 � , , , �, � �4 . y 4 Clt� o� ORONO • d � . �� RESOLUTION OF THE CITY COUNCIL ._ � • NO. 1440 • • � • • � c). A certified original copy of final plat approval _ Resolution #, 1441 --attached hereto as Exhibit A. d) The warranty deed from Schlee Builders, Inc. to the City for Outlot A, Navarro, attached hereto as Exhibit B. . e) The warranty deed from Schlee Builders, Inc. to the City for the "Park" as shown on the Plat of Navarro, attached hereto as Exhibit C. f) The easement for street purposes over a portion of Lot 1, Block 3, Navarro attached hereto as Exhibit D. g) The temporary easement for street and utility � construction over a portion of the Plat of Navarro attached hereto as Exhibit E. • h) The••Agreement to Special Assessments and Waiver ' of Assessment Appeal attached hereto as Exl�ibit F. � i) The Declaration of Covenants, Conditions and Restrictions attached hereto as Exhibit G. j ) The Articles of Incorporation of Navarro Home- owner's Association attached hereto as Exhibit H. k) The Bylaws of Navarro Homeowner's Association , attached. hereto as Exhibit I. � Adopted by the City Council of the City• of Orono on the 13th day of December, 1982, by a vote of 4 ayes and 0 nays. William B. an Nest, May ATTEST: . � . �. _ 1 erta M. Strom, City Clerk '- � � 5 of 5