HomeMy WebLinkAbout#2201 UNRECORDED Resolution 3885BELLJ!VILLE, ILLJNOIS
BLOOMINarGN, ILLINO!S
CHAMPAIGN, 11.1,INO!S
CHICAGO, ILLINOIS
10I,IET, JLl,lNOIS
LlSLB, ILLINOIS
PEORIA, lLLINOIS
ROCKFORD, ILLJNOlS
SPRINGPll!LD, ILLINOIS
WAl/K8GAN, ILLINOIS
WRITER'S DIRECT DIAL NO.
(612)295-0660
Elizabeth Van Zomeren
City of Orono
2750 Kelley Parkway
Crystal Bay, MN 55323
HINSHAW & CULBERTSON
PIPER IAPFRA Y TOWER
sum:noo
m SOlJrH NIN111 l1TREET
MINNEAPOLIS, MINNESOTA 55402
612.333.3'134
TELEFAX: 612.334.8888
September 17, 1997
FT l..AUDEROALE, FLORIDA
/ACKSONVII.-LE, FLORIDA
MlAMI, FLORIDA
TAMPA. FLORIDA
MUNSTER, INDlANA
ST. LOU1S, MISSOURI
APPi.ETON, WlSCONSrN
llROOKFJElD, WISCONSIN
LAKE GENBV A, WISCONSl~J
MILWAUKEE, WISCONSIN
f\ECE\\IEO
st? , & \991
C\\''1 OF O~"iONO
FlLF-NO.
752031
Re: Recorded Resolutions
Dear Liz:
Enclosed, for the City's records, please find an attested copy of Resolution No. 3913
which was recorded July 22, 1997, as Document No. 2828610 in the office of the Hennepin
County Registrar of Titles. I have also enclosed the following resolutions which were recorded
on August 22, 1997, in the office of the Hennepin County Recorder:
1. Resolution No. 3926 (File No. 2248) recorded as Document No. 6775013; and
2. Resolution No. 3909 (File No. 2236) recorded as Document No. 6775012.
I am also returning the ce1tified copy of Resolution No. 3885 (City File No. 220 l ). This
resolution will not be accepted for recording because it does not contain the legal descriptions of
the properties it affects. Also, there are numerous owners who have signed the resolution and
hold harmless agreements who are not identified as applicants in the second paragraph. All of the
owners must be identified in the resolution and consent to the terms of the resolution. This
resolution will be recordable if you identify all of the owners in paragraph 2 and identify which
parcel they own by street address and legal description. Please revise this resolution accordingly
and return a certified copy of it to me for recording. We do not believe Council action is required
to make this correction because it seems to be of a technical rather than substantive nature.
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
Elizabeth Van Zomeren
September 17, 1997
Page2
Upon your receipt and review of the enclosed documents, please do not hesitate to
contact me if you have any questions.
Enclosure
cc: Thomas A Barrett, Esq.
Very truly yours,
~/!kuMtdc
Nancy L. Chadwick
Legal Assistant
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. IJ 8 8 5
A RESOLUTION GRANTING
A PERMIT FOR PLACEMENT OF PRIVATE
IMPROVEMENTS IN THE DEDICATED RIGHT-OF-WAY
WITHIN THE PLAT OF PLEASANT VIEW LAKE MINNETONKA,
FILE #2201
WHEREAS, Orono Municipal Zoning Code Section 10.31, Subd. 5 requires that
any person altering, improving or using for private purposes any platted public right-of-way,
any platted public park, or any other property by the City on Big Island, shall first obtain a
permit from the City Council; and
WHEREAS, S. T. Robb, Jr., owner of 570 Big Island (PINS# 22-117-23 31
0029); James Feiger, owner of 580 and 590 Big Island (PINS #s 22-117-23 31 0020 and 0031),
and George Adams, owner of 600 Big Island (PINS# 22-117-23 31 0034), have jointly applied
for a permit to place private septic system connection lines and a section of fence in the right-
of-way dedicated within the plat of Pleasant View Lake Minnetonka, Big Island; and
WHEREAS, the Orono Planning Commission on April 21, 1997 reviewed the
permit request and recommended conditional approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby grants a permit to S. T. Robb, Jr., owner of 570 Big Island; James Feiger,
owner of 580 and 590 Big Island; and George Adams, owner of 600 Big Island, for placement
of private septic system connection lines and a section of fence in the right-of-way dedicated
within the plat of Pleasant View Lake Minnetonka, subject to the following conditions and
limitations:
1. Applicants shall locate the proposed septic tanks totally within the Robb
property.
2. City staff shall approve the location and construction of the fence to be placed
in the right-of-way.
Page 1 of:l47
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 8 5
3. Applicants shall, prior to placement of improvements within the right-of-way,
execute a hold harmless agreement which releases, indemnifies and holds
harmless the City and the public from any and all claims or causes of action
arising out of the use or alteration of the platted right-of-way by applicants or
their invitees.
4. Approval of the shared septic system will be subject to the necessary
easements/maintenance covenants for use of the shared septic system, subject to
approval of City staff.
5. Applicants shall work with City staff to establish a piping design and layout that
minimizes the risk of damage to the piping to be located in the right-of-way.
6. The applicants acknowledge that placement of septic system connection pipes
within the dedicated right-of-way is at their own risk.
7. This permit does not grant or vest any property rights to use of the public right-
of-way or other public property or in any improvements made thereto. This
permit shall be valid for one year, shall be subject to change, alteration or
revocation for cause by the Council at any time, and shall be automatically
renewable on the anniversary of the date of issuance except upon written notice
from the City to the permittees at least thirty days prior to the anniversary date
(the permittees need take no action for the automatic renewal to occur).
8. Authority granted by this resolution runs with the property not with the
individual owners, but is permissive only and must be exercised by application
for a septic system construction permit within one year of the date of Council
approval, or the special conditions of this resolution will expire on that date
(April 28, 1998).
9. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
Page 2 of~ 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. r9 8 8 5
10. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the respective properties.
Adopted by the Orono City Council on this 28th day of April, 1997.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of April,
1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
UNOAS.'JEE
NOl~Y PUBLIC-MINNESOlA
HENNEPIN COUNT'f 31 2000
My commission Expires Jan . •
~ /t&e-
Notary Public
Page 3 of«: 7
... ' ...
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF TH E CITY COUNCIL
NO. 3 R 8 5
On this S ..J-h day of fYL4-1.,di , 1991_ before me a Notary Public within
and for said county, personally appear ~4:Pt.UI ~ ~
known to me to be the person(s) describ in and~~Jcuted the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
y PUBLIC
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this ~ day of /1'1 (). v , 199 J_ before me a Notary Public within
andforsaidcounty ,personallyappeared Donna A-da ms . m arrieL
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
On this /(p -1'1. day of ,A,1 a.v . , 1991_ before me a Notary Public within
and for said county, personally appearecf 5e,/t;/2n 1, f o}; b, .:Jg . , (Yla r rt'ed
known to me to be the person(s) described in and who 1executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 4 of 1' 7
'.
CITY of ORONO
R ES OLU T ION O F THE C I T Y COUNCIL
NO.
18 8 8 ~
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this J.o+'1 day of _',)1___:__---.:=::..:::,,f'-----~' 199 '1 before me a Notary Public within
. ~ ' and for said county, personally appear
known to me to be the person(s) described in and who executed the oregoing instrument ,and
acknowledged that he (they) executed the same as his (their) free act and deed.
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this :;.1'll' day of ;Vt a y , 199 _2 before me a Notary Public within
and for said county, personally appear~d S 1.,t n e, /11 . F ; e.q er I O}tAt r; e d
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed .
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this $0:lh. day of Ma y , 199 7 before me a Notary Public within
and for said county, personally appeared He/ff} A, lctJbP , mc,n,-·,·fcl
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
LIND A S. VEE
NOTARY PU BLI C-MINNESO TA
H_EN _NEP IN COU NT Y
My Comm,ss ,on Expires Jan. 31 , 2000
c/4n~~~
NOTARY PUBLIC
Page 5 of 7
. ~ . ' '
' .
CITY of ORONO
R ESOLUTION O F T H E C ITY COUNCIL
NO. 3 8 8 o5 '
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this Ci-L"' day of June_ , 1991 before me a Notary Public within
and for said county, personally appeared ,tiJ h11 E. /&M u 41 m tu1/i ''t'/
known to me to be the person(s) described in and who e::lecuted the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NO ARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 12_ day of :Sc 2Y\.Q== , 199.1. before me a Notary Public withip.
and for said county, personally appeared F , :D:>nB\cL'.3iJC\ ~) 0 Y)rY) a2-,rtQd
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this --10.-day of )\Q_ 199Z before me a Notary Public within
and for said county, personally appeared ~ CY '
· known to me to be the person(s) described in and who execu the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and de.,.n--.----...
Page 6 of 7.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of ________ , 199 before me a Notary Public within
and for said county, personally appeared -------------------known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of _________ , 199_ before me a Notary Public within
and for said county, personally appeared __________________ _
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this __ day of _________ , 199_ before me a Notary Public within
and for said county, personally appeared __________________ _
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 7 of 7
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION # 3 5
I, Dorothy M. Hallin, 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 28 , 19...9..2.., 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 · 7th ------------day of M , 19...,.9+7-
(SEAL)
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
-~ ... ✓Q 6,{Q_ -'--\-....___..,__-=----_,___,,__-----""'_ shall indemnify and hold harmless the City
of Orono, the City Council, and the agent d employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
_:rdqho
STATE Of ~ffi~~B8&l'A )
Good/no/ ) ss.
COUNTY OF-HENNE¥IN )
The foregoing instrument was acknowledged before me this _j_/z_ day of
, 1997, by Joel.,'~ R_ ~ -==--~
/"'~~ /" Notary Public . . .
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
f ~,,.V-tlDSH<-l ~ '6 ':J shall indemnify and hold harmless the City
of Orono, the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by 'f. \)O.J/\-LO~c) i--J '\<.c) <bb his/their-employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing wa , acknowledged before me this J:j!__ day of
-++-""'-I----' 1997,by __ _....,=.:....;-+-'-+-,!h'l~...,,_,_JAe+L-'--------
l'°f;:,·:.-/;:.-.:·~ EMILY GRUHN
\ ~ J... \ NOTARY PUBLIC •.MINNESOTA
\'.~ .. -~ My Oamm, hplru Jin,.31, 2000 ... .,., .... ,·
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
$e.lcll;'Ao 1: r&bb Jr 'Tl-1/J-e-r) ;1 , 1e bbshall indemnify and hold harmless the City
of Orono, the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by 5'{!.!de.,p1 T/f}:1lz h J r o/-Jl&/-2_,z /l. /<c,?bh, his/their employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me th"s 3 {/:!1 day of
_____,/i'1~/j\'--ff--' 1997, by Seido>? r lfo/;b "-!l-elen 4,/aJI,, m am'e .
This document prepared by:
City ofOrono
P.O. Box66
Crystal Bay, MN 55323
Notary Public
LINDAS. VEE
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
Mi• Commission Expires Jan . 31, 2000
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
So{I\ V\ F. R o.6 D . shall indemnify and hold harmless the City
of Orono, the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents arid
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by :J";;h V\ (" f?o bb , his/their employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
I V
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
,TllfJe_ , 1997, by \TtJ /z n ;:., foh b , twvrn.~d
__,_._~----I
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Notary Public
day of
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
James he~ r-f dune /1/, G e~Y-shall indemnify and hold haimless the City
of Orono, the City ouncil, and the agents anti.employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, ai·ising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by Tmes ~~er ~ :rc;t?e /l1. £Leiter , his/their employees, agents or
subcontractors, wlither or not caused in part by a paiiy indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this :;_ 7 i/J day of
_,_/Vl_R_~F---------' 1997, by .:Scunes ,:,,9 f r "-:Tune ,M < ~,-ey e~ morfl,'6:..d
This document prepared by:
City of Orono
P.O . Box 66
Crystal Bay, MN 55323
ct~/ tl_LL
Notary Public
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
be. o r ~ 1-. Adarn..s , f f D~ Donna l-.. Adams shall indemnify and hold harmless the City
of Orono,e City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by D -+ Don n a.. l-A du.th , his/their employees, agents or
rs, whether or not caused in part by a party indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing . instrument was acknowledged before me this c2. D ~day of Inp= ' 1997, by G-ea ,Pf= L fl:d&tn s . /'11':) ,/-Don,} 0-L flddm.5, /J"l,t:f-1" n ed.
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323