HomeMy WebLinkAbout#2549 Recorded Resolution 4456I'
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 4 5 H
A RESOLUTION PERMITTING
A PRIVATE DOCK ON
PLATTED UNIMPROVED RIGHT-OF-WAY
BETWEEN LOTS 38 AND 39 MORSE ISLAND PARK
Metro Leg al Se rv ices I nc. ~:~::;t~~
Box 4 9 1
WHEREAS, the City of Orono has received a request by David Lovelace (the
"applicant") for a private dock on platted unimproved right-of way located between Lots 38 and 39,
Morse Island Park on Big Island to serve as access to inland property located at 220 Big Island ( also
known as Big Island Record Lot #8) and legally described as follows:
(Exhibit A attached); Also described as:
PINS #23-117-23 23 0028
(hereinafter "the property"); and
WHEREAS~ Section 10.31, Subdivision 5 of the Orono Zoning Code allows owners
of inland properties to request approval of a permit for the installation of a private dock on
unimproved platted right-of-way on Big Island to serve as access for said inland properties; and
WHEREAS, the City Council is authorized to approve, deny or place restrictions on
such permit based upon public health, safety and welfare considerations.
NOW, THEREFOREBEITRESOLVEDthataprivateseasonaldockispermitted
on platted unimproved right-of-way located between Lots 38 and 39, Morse Island Park to serve the
property, with the following conditions:
1. Length of installed dock extended from the shoreline shall not exceed 100'.
2. Setback from the extended right-of-way boundary lines:
a. 0-50' from shoreline: 1 O' minimum
b. 50-100' from shoreline: 15' minimum
c. Final location subject to approval of Public Services Director.
3 . Dock sections not to exceed 6' in width.
4 . One boat slip only, allowed for applicant's use only.
Page 1 of 3
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
44:f:if\ NO. _______ _
A lateral dock section at the shoreline may be installed to facilitate pedestrian access
over/around the existing ice ridge at the shoreline.
6. The owner of the adjacent inland lot at 130 Big Island (Record Lot #10) may also
share in the use of said dock ( one boat slip only for 130 Big Island) as long as such
use is acceptable to the applicant. At such future time that the owner of 130 Big
Island requests that the City Council approve a separate dock to serve said 130 Big
Island independently from the dock serving 220 Big Island, it is the intent of this City
Council to allow a second dock at this same location between said Lots 38 and 39 to
serve 130 Big Island.
7. No dock canopy shall be erected over said dock.
The permittee agrees to maintain the area in a neat and presentable manner at all times
and agrees to hold the City harmless forever from any and all claims resulting from actions as a
result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is
in force.
Should there be any other requests from inland property owners to use this site for
the installation of a dock to serve their properties, this permit is subject to review and or revocation
at the discretion of the City Council. Further, this permit may be revoked by the City any time for
any reason in the future upon review and revocation by the Orono City Council. The City of Orono
further reserves the right to review this permit for any reason as deemed appropriate.
The applicant agrees to remove all structures within 30 days of permit revocation or
termination and if no removal occurs, agrees to an assessment of the costs of removal against the
property.
This permit runs with the property, not with the owner, subject to all conditions and
restrictions noted herein.
The undersigned applicant has read, understood and hereby agrees to the terms of this
resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Page 2 of 3
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No 4 ~ !Z' ~:'. . --·· ·'· ,, ~-::,
Adopted by the Orono City Council on this 24th day of April, 2000.
ATTEST:
STATE OF. MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of April,
2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
-..e..:.~r•••••:-:.~'-"'•;,-~,~~
CAROLE A. HASEMAN.
NOTAR_Y ~UBUC. MINNESOTA
My Commission Expires Jan. 31, 2005
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _5 +11 day of Yr.,,, , 2000 before me a Notary Public within and for
saidcounty,personallyappeared J}{k.,J /2ov,,fC\r:.e uvJxicc,·eJ, knowntometo
be the person(s) described in and who executed th~ foregoing instrument, and acknowledged that
he(they) executed the same as his (their) free act and deed.
CAROLE ;~:;~AN
My NOTAR_Y ~uauc. MINNESOTA
Comm1SS10n Expires Jan. 31, 2005 ARY PUBLIC
Page 3 of 3
LEGAL DESCRIPTION
RESOLUTION #4456
EXHIBIT A
That part of Lot B, Morse Island Park, Hennepin County, Minnesota, lying south of a line
running from a point on the west line thereof a distance of 554 feet south of the northwest corner
thereof, to the northwest corner of Lot 38, Morse Island Park
RESOLUTION# ------'4'--'-4-=---'56=-------
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
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 April 24, 2000 , 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 ---=2'-'-4=th'--_ day of
July , 2000.
(SEAL)
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Linda S. Vee, City Clerk
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