The URL can be used to link to this page

Home My WebLink About#05-3128 Resolution 5367CITY of ORONO RESOLUTION OF THE CITY COUNCIL i3 NO. __________ _ A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 400 AND 410 BIG ISLAND FILE #05-3128 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 Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development ofland within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line reanangement by Gregory B. O'Connor and Richard W. Fruen (hereinafter "the applicants") of prope1iies legally described as: The East 20 feet of Lot 5, and all of Lots 6 and 7, Scriver's Subdivision of Lot "E", Morse Island Park, Hennepin County, Minnesota according to the plat thereof on file and of record in the office of the Hennepin County Recorder (hereinafter "the prope1iies"); and WHEREAS, the properties consist of two tax parcels shown on the survey attached hereto as Exhibit "A", and referenced hereinafter as the "Easterly Parcel" (0' Connor property at 400 Big Island, consisting of Lot 7) and the "Westerly Parcel" (Fruen property at 410 Big Island, consisting of Lot 6 and part of Lot 5); and 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 July 18, 2005 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have completed or have agreed to complete all requirements of the City for a metes and bounds subdivision of a lot line reanangement for division and combination purposes, resulting in the relocation of the common lot boundary between the properties, as shown in the survey attached as Exhibit "A" and resulting in a new legal description for each parcel as shown in Exhibit "A"; and Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________ 6_7_ WHEREAS, the lot line rearrangement request is intended to resolve a historical encroachment issue and result in formal City approval of a deed exchange that occurred in 1986, but which never received City approval. The cabin on the Easterly Parcel encroaches approximately 1.4' onto the Westerly Parcel. The proposed 1 O' property exchange results in the cabin being completely located within the new eastern parcel and 8.6' from the new lot line. While the cabin will not meet the City standard of a 1 O' side lot line setback, the encroachment over the lot line is eliminated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced property by the applicants as shown on the certificate of survey by James H. Parker, a licensed surveyor of Advanced Surveying & Engineering Co. dated November 4, 2004, as attached in Exhibit "A", subject to the following conditions : 1. Applicants shall provide a title opinion for the properties confirming ownership and encumbrances. 2. Nothing in this approval shall be construed as granting variances to setbacks, hardcover or other building location, lot size or development standards established by the City of Orono. 3. 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 February 8, 2006 together with a certified original copy of this resolution. 4. The approval granted by this resolution shall expire if the division 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. Adopted by the City Council of Orono , Minnesota this 8th day of August, 2005. ATTEST: i{,/f?b ✓/~ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 3 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. i 6? The foregoing instrument was acknowledged before me on this r day of 4-f L ✓/, 2005 by Barbara A. Peterson, Mayor of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN 11 _+-r k + The foregoing instrument was acknowledged before me on this _LY_ day of ~~, 2005 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. RACHEL DODGE NO TARY PUBLIC-MINNESOTA My Co mm iss ion Expires Jan . 31 , 201 O ~ , :e,3 ~LJ___ OccC~ Notary Public Page 3 of 3 041410 23/117/23 FRUEN, RlCK ADVANCE SURVEYING & ENGINEERIJVG CO. 5300 S. Hwy. No. 10! Minnetooka, MN 55345 Phone (952)..474 7964 Fax (952) 474 8267 SURVEYFOR! RICK FRDEN SURVEYED: November 4, 2004 DRAFTED: November 4, 2004 LEGALDESCRIPTIONOFENTIREPARCEL: Tho East 20 feet ofl'..ot 5, all of Lots 6 and 7, Scriver's Subdivision of Lot ''E", Mmse Island Parle, . according to lhe plat thereof on file and of record in. the office of the Recorder of said Hennepin County. · PROPOSED LEGAL DESCRIPTION OF WESTERLY PARCEL: The East 20 feet of Lot S, all of Lot 6 and that part of Lot 7 Scrivei:'s Subdivision of Lot "E", Morse Island Plllk, accotding to the plat thereof on :file and of record in the office of ihe Recorder of wd Hennepin County, lying Westerly and Southedy of~ following descn'bed line: Commencing at tho Norlheast comer of said Lot 6; thence on an assumed bearing of South 20 deg,ees 10 minutes 47 seconds West along the Easterly line o,f-saidLot 6 ·a distance of 339.7? feet; to the point of beginning of the line to be desco"bed; thence North 88 degrees 43 minutes S6 sec011ds East a distsnce of IO. 74 feet to a point that is OJlc a line drawn parallel with-and 10 feet Southeasterly of the Easterly line of said Lot 6; thence South 20 dega,es l O minutes 47 seconds West along said parallel line a dislance of 43 feet more or less to the shore'ofLakeMinnetonka and said line lhere µ,nnioatfug. PROPOSED LEGAL DESCRIPTION OF EASTERLY PARCEL: All of Lot 7, Scrlver's Sl!bclivision of Lot ''E", Morse Island•farlc, according to the plat thereof on . file and ofrecord in the office of the Recorder of said Hennepin Cowity, except $at psrt of said ; Lot 7 lying Westerly and Sout!)er]y of1he following descn'bedlino: Co,;nmencing at the Norjheast i comer of said Lot 6; thence on an assmned bearing of South 2P degrees'l0 minutes 47 seconds West along the Easterly line of said Lot 6 a distance of339.79 feet to the poiqt of beginning of the line to be dl'Scribed; thence North 88 degrees 43 miputes 56 S!lCOnds Bast a distmtce of\!l.74 feet · to a point that is on a line drawn parallel with and 10 :feet Souf!teaster!y of lhe J¾ster!Y line of said, Lot 6; thence South 20 degrees 10 minutes 47 seconds West along said pamllel"!i,iii: a distance .of 43 feet more or less lo the shore of Lake Minnetonka and said line 1here terminating. SCOPE OF WORK: 1. Showing the length and direction ofbaundary lines of the above legal description. The scope of our services does .!12! include determining what you OWD, which is a 1~¢.matter. Please check lhe legal description with your reconls or coosultwithcomp~t l~!l'.'l.C0ll!IS•i if necessary, to make sure J!:iat itis correct, and that ;my matters o:f:iecord, such~i;.easen;ents, tbatyau wish shown on the survey, have been shown 2. We show a proposed division of the property. Please review the propo~al to see thnt it is wha.t yon intend and submit to those govemmenta! agencies that have jurls\Jiction lo obtain their approvals, if yon can, before making any decisions regarding the property. STANDARD SYMBOLS & CONVENTIONS: "• "Denotes 1/2" ID pipe with plastic plug bearing State License Number 9235, s•~ if"o" is filled in, lhen denotes found iron monu_m.ont. I hereby certify that this plan; specilicatinn, report or survey was prepared by:me. or under my direct supervision and lhst I am a licensed Professional'Engineer and Professional Surveyor under the laws of the State of Minnesota. ~~~;B~ji~.09235 . . GRAPIDC SCALE r T ( IN FEllr ) i \. V 0 /, I I I I /~ j{?>'V. EXHIBIT A RESOLUTION NO. 5367 Sheet 1 of2 Drw. No. 041410 LEGAL DESCRIPTION OF ENTIRE PARCEL: EXHIBIT A RESOLUTION NO. 5367 Sheet 2 of 2 The East 20 feet on .. ot 5, all of Lots 6 and 7, Scriver's Subdivision of Lot ''EU, Morse Island Parle,. according to the plat thereof on file and of record in the office of the Recorder of said Hennepin County. · · PROPOSED LEGAL DESCRIPTION OF WESTERLY PARCEL: The East 20 feet of Lot 5, all of Lot 6 and that part of Lot 7 Scrivers Subdivision of Lot "E1', Morse Island ParkJ according to the plat thereof on file and of record in the office of ilie Recorder of said Hennepin County, lying Westerly and Southerly of th~ following described line: Commencing at the Northeast comer of said Lot 6; thence on an assumed bearing of South 20 degrees 10 minutes 47 seconds West along the Easterly line of said Lot 6 ·a distance of 339.7~ feet~ to the point of beginning of the line to be described; thence North 88 degrees 43 ~utes 5.6 seconds East a dis~ce ofl0.74feet to apomtthat is oQ.a line drawn parallel with·and 10 feet Southeasterly of the Easterly line of said Lot 6; thence South 20 degrees 10 minutes 47 seconds West along said parallel line a distance of 43 feet more or less to the shore ·of Lake Minnetonka and said line there µirminatfug. PROPOSED LEGAL DESCRIPTION OF EASTERLY PARCEL: All of Lot 7, Scrivers Sl!bdivision of Lot 11E1 1, Morse Island•fark, according to th~ plat thereof on file ,!llld ofrecord in·the office of the Recorder of said Hennepin County, except that part of said l Lot 7 lying Westerly and Soutl,terly of the following described line: Coi;nmencing at the Northeast i ' comer of said Lot 6; thence on an assumed bearing of South 2P degrees'lO minut~ 47 seconds · West along the Easterly line of said Lot 6 a distance of339.79 feet to the poin,t of beginning of the line to be d~cribed; thence North 88 degrees 43 m.iputes 56 s~onds East a dis~ce oq P.74feet · to a point that is on a line drawu parallel with and 10 feet Soutpeastetly ofthe'Ej!sterly line of said: Lot 6; thence South 20 degrees 10 m.mutes 47 seconds West along said pamllel).i,ne a distance .of 43 feet :more or less to the shore of Lake Minnetonka and said line there terminating. /