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Home My WebLink About#2461 Recorded Resolution 4794I STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION# 4794 ::11111111 Ill I II I I I I II 24<o 1 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 Deputy 5 TranslD 152295 Fees $35.50 DOC $10.50 SUR $2 .00 COPY $48 .00 Total (o'f;O , (J(ro ' Co 70 Hu S 6~ ]:S\a v0 --' 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 22, 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 -~1_2t=h~_ day of January , 2005. TRAN SF ER ENTERED H ENN EPIN CO UNTY TAX PAYE R SERVICES CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 419 4J: A RESOLUTION APPROVING A SUBDMSION 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 _WHEREAS, 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 "Parcel 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 April 12, 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 CITYofORO 0 RESOLUTION OF THE CITY COUNCIL NO. 4 7 9 4 WHEREAS, At their regular meeting held on April 8, 2002, the Orono City Council considered the subdivision application of William and Thelma Bryson, and James A. R. Johnson noting the following findings of fact: 1. The property is located within the RS district. The existing lots are as follows: Existing Address 650 Big Island 660 Big Island 670 Big Island 680 Big Island Legal Description Lots 7-8, Pleasant View (seasonal dwelling) Lots 5-6, Pleasant View (vacant) seasonal dwelling was removed in 2001. Lot 4, Pleasant View (seasonal dwelling) Lot 3, Pleasant View (vacant) to be rearranged as follows: Proposed Address Parcel B 650 Big Island Parcel A 670 Big Island Legal Description Lots 6-7-8, Pleasant View (seasonal dwelling) Lots 3-4-5, Pleasant View (seasonal dwelling) 3. The lots are currently 2 separate seasonal residences on four ta-x 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 parcel. 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 ~ . ~ CITY of ORONO ~~< ft~0f RESOLUTION OF THE CITY COUNCIL ~~~ NO. 4iQ4 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-conforming 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 are 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 7 and 8. 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 are removed. 2. The easement that was required for a shared 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 1 O' along exterior property lines. Page 3 of 6 CITY of ORONO i ' t ~< ft~~ RESOLUTION OF THE CITY COUNCIL ~~~ NO. ,704 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 permits 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 1 O' along exterior property lines and 5' along interior property line. Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. Barbara A. Peterson, Mayor 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 anci said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN 11 Th~ foregoing instrument was acknowledged before me on this 30 ~,-..n day of +-tDVl ( , 200 cL by Linda S. Vee, City Clerk of the City of Orono, a Minnesota munidpal corporation and said instrument was executed on behalf of the City. e~~ RACHEL DODGE ':t: :?) NOT ARY PUBLI C · MIN MF.~OTA . > ' / My Commissio n Ex pires Jan. 31 , 2005 Notary Public Page 5 of 6 . \ I! ----,, ,,, ----;--. I ii i I ,~ Exhibit A , .. ; 220,00 ti'V'!1•4C)"t. ~1o-' I I .. ::: f 1.. -r ~ .. , ·.: ·• .. , -, -~-./-;D --o-.), ~,v..., -:if''!.' \ .tlllltA - . . . r j -\ _-____ _ \G9.Gj____ --·r· •• -· ,14,41 I I I ..... ,,A, .. • .. } t. I I l _ ... --· ,, ..... B . ' . -~: .,_ VI << t~ o-- 9N 00> "'en ...,. •• C o...,. Clo ~ci '° . ' I I ...... ;::-VI << ..J u.J a.. ::::; ....... __ r;;-. < u.J 2. I"') 0 ci· '° -- ti,;: <• u.J -~.: I"')<: oc 0 C '°" _ ... g,., g~ .. _ ...... -"' I.. Page 6 of 6 ~tt'c(l' ~ ~'o0~. ; ,¥ t l~"0{