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Memo To: From: CC: Date: GIL: Re: Finance Department Christine Mattson, Planning Assistant ~ Zoning File March 3, 2016 101-22205 Escrow Refund Planning & Zoning Department Land Use Application #14-3659 pertaining to 1535 Sohns Point Road is complete. Please refund $2,500 to the property owner, DNA Properties. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: DNA Properties 121 East Park Square Owatonna, MN 55060 z:\zoning applications\2014 #3645 thru #3703\14-3659 (1535 bohns pt) final plat bohns point west\escrow refund #14-3659.docx LAND USE APPLICATION ESCROW AGREEMENT Application #14-3646 & It./-?(JS C, AGREEMENT made this / t.\~ day of~.,.,,....----,.-,• 2014, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and I e.S' L, L [a corporation -optiona~ ("Owners"). Recitals 1. Owners have filed Zoning Application #14-3646 & I ~ormally requesting the City to review plans for preliminary and final plat of the property addressed: 1535 Bohns Point Rd (the "Subject Property") legally described as Lot 1, Block 1, Beth & Bridget, EXCEPT that part of said Lot 1 which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, Hennepin County, Minnesota. 2 . Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $2500.00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners ! ,r,evie:i:x the plans, and preparing agenda packet material for City Council review of Application #14-3646 & ,-~(~ . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed. 6. CERTIFY UNPAID CHARGES . If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the right to certify the un id balanc to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. CITY: CITY OF OROtilO By~ Its: _______________ _ Dec Q9 1 ~ 10:46a Annexstad Desert AMA Investments LLC 7603468116 817-346-0984 LAND USE APPLICATION ESCROW AGREEMENT/o Application #13-s646 / '-/--3 I,'-/- p , 1 p.2 AGREEMENT made this ~ay of ~ • 20 J 3. by and between the CtTY OF ORONO, a Minnesota municipal corporation ('City") and __________________ _ [a corporation -option a~ rowners•). Recital$ ers have filed Zoning Application #13-3646 tonnally requesting the City tc review plans for_ b. Vl' t O 11 located at ___ _ ;;;. rt v, n.. lhe ·subject Property·) as more fully shown and described on Elf.hbit ·~• attached hereto. 2. _ O\yners request the City to reYiew said plans which requires City approval induding a½J f/.ihnl-l'lj tm 'f1 h@"' V\j (LVl,,( f ~ Y-$yl M'.\d · 3. The City is willing to commence its review of the appica1ion and incur costs associated with said review only lf the Owners establish an escrow to ef'lsure reimbursement to the City of its costs. NOW THEREFORE. THE PAR"TIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement. the Owners shall deposit $2500.00 with t1te City. AU accrued interest, if any, shall be paid to the Clty to reimburse the City for its cost in administering the esaow account 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will ina.1r in meeting with the Owners, reviewing the plans, ancf preparing ageiida packet material for City Council review of application #13-3646. Eli gible expenses she.II be consistent with expenses the Owners would be responsible for under a zoning and subdivision application . 3. MONTHLY Bil.UNG. As tile City receives consultant bills for inclJrred costs, the C ity wil in tum send a bill to the Owners. Owners shaH be responsi ble for payment to the City within 30 days of the OWners' receipt of b ill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Ownera do not make payment 1D the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow. if any. shall be returned to the Owners when the review has been completec:I. By: ___________ _ Its: . . : -. . . . . .-_ .. _· . -. : _-.· --. . . -. -: . . . . . : .. -.. . .· : . ADDRESS PIN LEGALDESC CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 : 1535 BOHNS POINT RD : 08-117-23-44-0023 : DIVISION #050376 : LOT 001 BLOCK 001 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $2500 ESCROW IS TIED TO ZONING PERMIT #14-3646-PD BY ALBERT ANNEXSTAD 1111111 IIH 11111111111111111111111111111111111111111111111 *2013-01274* DATE ISSUED: 12/09/2013 APPLICANT DNA Properties LLC 121 EAST PARK SQUARE OWATONNA, MN 55060- ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL 2,500.00 0.00 2,500.00 OWNER DNA Properties LLC 121 EAST PARK SQUARE OW A TONN A, MN 55060- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date Payment(s) CHECK Issued By Signature 6739 2,500.00 I I Date 14-3646 1535 Sohns Pt Subd 1535 Sohns Pt DNA Properties Invoice Date 3/27/2014 05/05/14 Total Invoice Date 01/31/14 03/07/14 05/05/14 Total Date Total Date 02/19/14 03/26/14 04/08/14 06/03/14 Total Feb legal Mar legal Deceng Jan eng Mareng eng Leqal Activi!x_ Engineering Activity Credits Payment Type Payments Payment Type Summary Legal En9ineering Subtotal Credits Payments Balance Invoice# 20140050 20140066 Invoice# ---20140014 20140033 20140068 Check# Check# $157:50 $852.00 $1,009 .50 $0.00 ($1 ,009 .50) $0.00 Amount $ 67 .50 90.00 $157.50 Amount $ 336.50 463.50 52.00 $852.00 Amount $0.00 Amount ($336 .50) ($463 .50) ($67 .50) ($142 .00) ($1 ,009 .50) 3/3/2016 Balance $0.00 All Variances-Permits get a $500 Engineering credit and a $67.50 Legal credit (2008 and later) Preliminary Plat Application Fees Paid Total A.ee.lication Fees $0.00 Prelim Plat lmerovement Fees Fees Paid Applicable to Engineering Prel im Plat $0.00 Final Plat Aeelication Fees Paid Total Final Plat A£P Fees $0.00 Final Engineering Fees Paid Fees Paid Applicable to Engineering Final Plat $0.00 Total Fees Paid $0.00 ~ 14-3659 1535 Sohns Pt Subd 1535 DNA Properties Address City Invoice Date 5/5/2014 06/02/14 Total Invoice Date Total Date Total Date 06/03/14 06/30/14 Total Sohns Pt Legal Activi!}'. Mar legal Apr legal En9ineerin9 Activi~ Credits Payment Tyee eng Pax_ments Payment Tyee Summary Legal En!:!ineering Subtotal Credits Payments Balance Invoice# $ 20140090 Invoice# Check# Check# $340.55 $0.00 $340 .55 $0.00 ($340 .55) $0.00 Amount 142.03 198 .52 $340 .55 Amount $0.00 Amount $0.00 Amount ($142 .03) ($198 .52) ($340 .55) 3/3/2016 \" Balance $0 .00 All Variances-Permits get a $500 Engineering credit and a $67.50 Legal credit (2008 and later) Prelimina!}'. Plat Aeelication Fees Paid Total Application Fees $0.00 Prelim Plat lmerovement Fees Fees Paid Appl icable to Engineering Prelim Plat $0 .00 Final Plat A_eelication Fees Paid Total Final Plat App Fees $0.00 Final En9ineerin9 Fees Paid Fees Paid Applicable to Engineering Final Plat $0.00 Total Fees Paid $0.00 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 24, 2014 7:00 o'clock p.m. (i. #14-3648 BEN GOODWIN-565 LEAF STREET AND 550 OXFO1.U>-11.v·ri.1.J -RESOL *7 . #14-3659 GEORGE STICKNEY ON BEg-AI;F OF DNA: PROPERTIES, LLC -1535 OHNS POINT ROAD -EINAL FLAT -RESOLUTION NO. 6378 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6378, a Resolution Approving the Plat ofBohns Point West. VOTE: Ayes 4, Nays 0. UBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT Struve oted road restrictions are in effect. The majority of the residential roads are posted our tons with the e tion of some truck designated routes , which are posted at seven tons. All c nty roads are posted at nine Struve reported the Pu · c Works Department will be working with STS to rem golf course. The work wi ommence sometime after April 1. Struve stated in conjunction with painting of the City's water towe a 100-foot pole will be erected temporarily near the tower to accomm ate Sprint's cell phone equ · ent. After the water tower is painted, Sprint will have 45 days to remo the temporary pole replace their equipment on the tower . *8. APPOINTMENT OF 2014 GOLF CO Levang moved, Bremer seconded, to approve the · 0 of the 2014 seasonal employees outlined in Staff's memorandum dated March 24, 2014, un r the licable provisions of the PERA rules. VOTE: Ayes 4, Nays 0. MAYOR/COUNCIL REPORT Levang reported the Mayor, the City ecial AIS meeting with Gabriel Jabbour and other individ s. Levang stated the meeting was very iri ative on all the different methods and partners · s they have formed to tackle the AIS issue. Lev g suggested Mr. Jabbour be invited to attend ture City Council meeting to provide an update on t steps being undertaken on the AIS pro em. McMillan stated a p s person from Colorado was also in attendance at the AIS meeting an ct their mandatory inspections , which was very interesting. Page 22 o f 24 27 March 2014 Soren Mattick CAMPBELL KNUTSON P.A. 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us Hand Delivered TRANSMITTAL OF DOCUMENTS FOR THE PLAT OF BOHNS POINT WEST-File #14-3659 Please find enclosed the following documents regarding the plat of Bohns Point West for recording: 1. Resolution No. 6378 -Approving the Plat of Bohns Point West; 2. Plat Mylar. Upon recording please provide the City with copies of the stamped, recorded documents and recording numbers so that we may allow the developer to begin work on the property. Please contact me with questions 952.249.4627 or mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORONO Melanie Curtis Planning & Zoning Coordinator Encl Copies via email: Soren Mattick & Jean Olson, Campbell Knutson George Stickney Memo To: Rachel Dodge, City Clerk From: Melanie Curtis, Planning & Zoning Coordinator ~ Date: 26 March 2014 Re: Address Assignment -Plat of Sohns Point West Please assign the following addresses to the newly created lots in the plat of Sohns Point West: Sohns Point, Block 1 Lot 1 : 1535 Sohns Point Rd Lot 2: 1565 Sohns Point Rd Additional Property Details: Private Water Wells City Sewer Zoning application: #14-3659, Final Plat Zoning file address: 1535 Sohns Point Rd; PID 08-117-23-44-0023 BOHNS POINT WEST t i l '¾ BOHN' s PO I N T ADD I T O N, 33 S89"-iO'OO"E 579.87 ~--------------------------------------------------------------------------.:: __ ...._, \ I 5 3£ BENCHMARK I --~ o) t'-, :•: -~:t :!!, ~ . § ~~ <' 1 i ! & 8 < ' "' :,i~ ! ~ I! z .A ~ I z i Ji !" 0 I o ( ~I !!~ L_______ _ __ :-_ ,,. 0 ------J ~ > 1--• -1 !l" ----------------------------------~ ~ c:( w ; ;3 !' I ~~~ • ,., 0 ~ ~ s~ ;5 1~ !tr; ,,~,,~ ,,, o> s ~ ~ pi ~i i·/l , \\ --i-< 'J fil~ II) -i ti ~-1-;;I ~... 0 2 n--s ~ it: ::::i: ~ •,~ !i I (,,,.. _.\P '°V O ~ 0 ,c I? ... ' !I... h EASTUNEOFLOT1 '1 5 Iii I!.-{ ~ LAGOON vl / 5 (o s O "OCK,,e,;rH,,.;OOET i whnihi £}; <9 + i ~ ~ Jc : <l'. .,. "!,"' , ... -d w _________________ -j? ____ ~-~~;;_;:-;_;-----~~,;;--------J ..J ,\ o;.' ,1,...1-Pql --~----:;~... / / :--,..'."!:.....~~ ..... '<'~J.,~.,.. .,,_; ANOlEPOIKflNSOUTI'IERLY \. /,,,,$6'-.. 13"tfi~-,,,,_,,,.,,..~fll UNE.OFLOTl,BLOCK1, <:) ~ ~• _,,,_...,.!!._-;: ~if' BETHANODRIOOET ---;ice£ .. /~ ·-'~,.-"1 \..~ j .WESTERLYSEGMeNTOFsountERLY r .. UN£0flOT1,DLOCK1,BETHANOBRIOGET I Dranric,9andulllly---~---- I I ,:..j I .ILi!.. I' I I 'I I' ____ i _______ J : ., Wv51..cln .......................... and ..... IDl~andblling10'-linMdll.and ~nglllof...., .... uni..,__..--.. ~--... 4- C> <' ,.>- ,OUHD SET;MIIRKEDSY 0 50 100 200 ~ SCALE IN FEET GRONBERG & ASSOCIATES, INC. 33 C.R.DOC.NO. KNOW AU. PERSONS BY THESE PRESENTS: Thal DNA Properties, UC, a Minnesota llmHed Uability company, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to Wit Loi 1, Block 1, BETH ANO BRIDGET, Except that part of aak1 lat 1 which Rea southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 second& Wet.t from the angle point in the Southerly llne of said Lot 1, assuming a bearing basls of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, Has caused the same to be surwyed and platted as BOHNS POINT WEST, and doea hereby dedicate lo the public for public use forever the drainage and utility easements as shown on the plat. In witness whereof said DNA Properties, LLC, a Minnesota Umlted llablllty company, has caused these Pf888Rls to be signed by Its proper officer thla __ day of ___ ~ 20_. SIGNED ONA PROPERTIES, UC, a Minnesota Hmlted llablllly company By-----------~''"--------- STATEOF ___) COUNTY OF___) The foregoing Instrument was acknowledged before me this __ day of ___ ~ ~~:Yr~,m~l1ed=ll~ab~ll1ty=nn~m~pa~n~y.~on~be=ha~•~of~lhe=nn~m~pa__,ny":--------~of ONA Properties, LLC, a Nolaiy Public. ___ County,_____ ~name My commission expires _______ _ I, Mark S. Gronberg, do hen!by ce,tify that thla plat was prepared by me or under my direct aupeMsion; that I am a duly Licensed Land surveyor In the State of Minnesota; that this ptal Is a conect representation of the boundary survey; that all mathematlcal data and labels are correcUy designated on this plal; lhat aB monuments depicted on this plat have been, or wlll be correctly sat within one year, that all water boundaries and wet lands as defined In Minnesota Statutes, Section 505.01, Subd. 3 as of the date of this C8ftiflcate an, shown and labefed on this plat; and aH public ways are shown and labeled on this plat. Dated lh{s __ day of ___ ~ 20_. Maril S. Gfuntierg, Licen&ed land SUrveyor and Engineer Mlnneaota Uoense Number 12755 STATE OF MINNESOTA) COUNTY OF HENN;:~~: ':.~~t>e"r;."la":.8d' :=~En~r=r~ IM _____ day of =~:~:°on-exp1-,.-,-_-::._-::._-::._-::._-:__eo_u_n1Y_._Mlnnesota Notary's printed name ORONO, MINNESOTA This plat of BOHNS POINT WEST was approved and accepted by the City Council of Orono, Mmnesota, at a regular meeting held thls _____ day of _____ ~ 20 • If applicable, the written comments and recommendations of the Commissioner of Transportation and the c£uriiy Highway Engineer have been recelved by the City m the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Sub. 2 CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA -----------~Mayor -----------~Clerl< TAXPAYER SERVICES DEPARTMENT, HENNEPtN COUNTY, MINNESOTA I hereby certify thal laxes payable In 20_ and prior years have been paid for land described on this plat Dated this ______ day of _____ ~ 20_. MARK V. CHAPIN, HENNEPIN COUNTY AUDITOR By ____________ Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MINN. STAT. Sec. 3838.585 (1969), this plat has been approved this, _____ day of ____ ~ 20_. WILLIAM P. BROWN, HENNEPIN COUNTY SURVEYOR By ___________ _ COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within JMt of BOHNS POINT WEST was recorded In this office this ____ day of _,20_,at ___ o'clock_.M. MARTIN MCCORMICK, COUNTY RECORDER By ________ Deputy ENGINEERS, LAND SURVEYORS, PLANNERS CITY OF ORONO 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 TO: DNA Properties LLC AMA Investments LLC PO Box 35139 Forth Worth, TX 76162 ZONING FILE 14-3659 NOTICE OF COUNCIL ACTION DATE OF NOTICE: 26 March 2014 COPIES George Stickney: via email: gstickney@cbburnet.com allan@amafamofc.com atannexstad@gmail.com TYPE OF APPLICATION: Final Plat: Bohns Point West-1535 Bohns Point Rd DATE OF MEETING: 24 March 2014 VOTE: 4 FOR 0 AGAINST Motion: To approve per the findings and conditions of the resolution previously mailed to you. The plat mylars, resolutions and any related documents will be released to the City Attorney for filing. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. Additionally, on-demand video re-play of the Council meeting is available on the City's website: www.ci.orono.mn.us. If you have questions please contact Melanie Curtis, Planning & Zoning Coordinator, at mcurtis@ci.orono.mn.us or 952.249.4627. Date Application Received: 03/17/14 Date Application Considered as Complete: 03/21/14 120-Day Review Period Expires: 07 /19/14 REQUEST FOR COUNCIL ACTION Department Approval: ( U Administrator Approval: Name: Melanie Curtis Title: Planning & Zoning Coordinator Item Description: Date : 14 March 2014 Item No. Agenda Section: #14-3659 -George Stickney o/b/o DNA Properties LLC-1535 Bohns Point Rd -Final Plat-Resolution Zoning District: Existing Lot Area: LR -18 One Family Lakeshore Residential District (1 acre/140' width) 4.89 acres List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Draft Final Plat Resolution Final Plat Mylar Drawing Proposed Grading Plan Final Plat Application Preliminary Plat Resolution No. 6365 PC Minutes 01/21/14 City Council Minutes 02/10/14 Application Summary: In February 2014, the City Council granted preliminary plat approval to create a total of two, 2+ acre buildable lots from the original 4.89 acres at 1353 Bohns Point Road. The preliminary plat application was reviewed as file #14-3646 . The developer requests final plat approval in order to finalize the project and proceed. Planning Staff Recommendation The applicants have submitted the final plat mylars, paid the fees and provided required pieces of information . Planning staff and the City's attorney continue to work with the developer to finalize the remaining documents. Staff recommends approval of the final plat per the attached resolution. COUNCIL ACTION REQUESTED The Council should consider adopting the attached approval resolution and authorize the Mayor and City Clerk to sign the Mylars for the plat of Bohns Point West. A RESOLUTION APPROVING THE PLAT OF SOHNS POINT WEST FILE #14-3659 Council Exhibit A 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 and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on June 24, 2013 the City Council conside.r~d the application by the developer, DNA Properties, LLC, a Minnesota Limited Liability Company, (hereinafter the "Owners") for subdivision of property identified as 1535 Sohns.Point Road and legally described as: Lot 1, Block 1, Beth & Bridget, EXCEPT that part of. said Lot 1 which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes ~3 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of.said SoutherJy line of Lot 1, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on February 10,>2014, the CityCounciladopted Resolution No. 6365 granting Preliminary Plat Approv~I for the proposed subdivision of the Property into two single family residential lots; and · WHEREAS, the Owners have completed or have agreed to complete all other requirements.of the platting regulations of the City including: 1. Completion of all platting requirements of Preliminary Plat Resolution No. 6365. 2. Dedication on the plat of Drainage and Utility Easements as required in Resolution No. 6365. 3. Provision to th.e City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 4. Payment of Park Dedication Fee in the amount of $5,550.00. 5. Payment of Storm Water and Drainage Trunk Fee in the amount of $24,450.00. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6365, the City Council of the City of Orono does hereby approve the two-lot plat of SOHNS POINT WEST, Hennepin County, Minnesota (a copy of which is attached as Exhibit A) subject to the following conditions: 1. The Final Plat approval granted by this Resolution shall expire six months from the approval date (September 24, 2014). 2. Development within SOHNS POINT WEST is subject to the Conclusions, Orders and Conditions enumerated within PreliminaryJ'lat Resolution Noa 6365. 3. The approvals granted in this Resolution. shall become effective only when all conditions of approval requiring actions by the Owners have been satisfied. 4. The Owners shall adhere to the approved proposed grading plan by Gronberg & Associates dated January 27, 20.14 attached as Exhibit B. This approval specifically allows the calculation of the number of stories and defined building height for proposed homes on the lots to be based on the approved proposed grades as shown in Exhibit S. 5. The City Clerk shall release the platdocumentsforfiling only upon certification by the City Attorney, Planning & Zoning Coordinator and City Engineer that all requirements of the platting regulations have been satisfied.\ .. 6. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder on or before September 24, 2014 together with a certified original copy of this resolution and executed copies of the easements and. covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat 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 this 24th day of March, 2014. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 2 of 2 '% ~ '&, ~ BOHNS POINT WEST BOHN' ,.._ s PO I N T S89"40'00"E 579.67 ADD I T I O NI 33 ~--------------------------------------------------------------------------l":::-_.,.~·{" \. BENCHMARK . ! i l .-· ~l~y <» """ ll! . , t <t s ~~ <' 1 l ~ ~ • f ~ ~ < L [ ~&1 Z n 1~= · ?-o ~ : i1 !i •B ~ ' I 0 -t'~ r " ,s.-->-c., : .... t: -s :!£if. ill _______ _ ~!.9:~·w 578.05 __ ___ _ _______ J ~ > I-; !§ ii" ----------------------i ~ ~ w nql 1~ .. t,o//(--~~ ,, o> / o ~ i ce z ! 5§ ~1· Id/; ~~ --t---" "'¥11 1-Z • •i • ti./ ,~ 2 < l 1 fl) -i ~: t 11/. \ .. ,. o Q:J ~. "'I l°i ::E ~ :-;~ ' !,,.. J'. 0 i~ o <C se ... , $+--·· h EASTuNeoFLor,. ··:-, ~ ~, d ( LAGOON , ..,~ BLOCK I,""' &BRIDGET I ~ 5 t· .,.· M • r ~ o , w ! i ~! \\ i\ pi <S> -i-! ~ .,. ~;:, , ... j; __--,;;-_____________ --;:> ____ ~-.~~~:;:~----~-~--------J J · ...._oi, ~~ff' ..,. 1~-'ve---: .. .,,,,,.... ANGLE.P01NT1NSOUTH~ / 1 33 ' _.-~p 1 ,:ftt'ff.-----,.,-f/>8,l UNEOFLOT1,BLOCK1 <) • '\r/4,' .... ----S--;~ ~~ ÐANDBRIDGET ---£'/.Cr;_....-; ,. \/'1 ~ ( .. WESTERLY SEGMENT Of SOUTMERLY rp, . UNEOFLOT1,BLOCK1,BETHANDBRIOOET I Clfalmigelll'ld141Uty~81'KMnttru.: I I ,;JI 't~ I< '' '' '' ~, : L_ _______ :t_H 8eiJV5reetlnwidth,1111'"9~ln(lk;aled,and adjoinil'lglvl~ffldbllinglOfNlinwldlll,and lldjollllngrlghtofway"'-1.111re.~lndlClll8d 00 ..... + C> <' ?- 0 50 100 200 ~ SCALE IN FEET GRONBERG & ASSOCIATES, INC. C.R.DOC.NO. KNOW ALL PERSONS BY THESE PRESENTS: That DNA Properties, UC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Lot 1, Block 1, BETH AND BRIDGET, Except that ~rt of said Lot 1 which lies south8f'.IY of a line drawn on a beating of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerty line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, Has caused the same to be surveyed and platted as SOHNS POINT WEST, and does hereby dedicate to the public for public use forever the drainage and Utility easements as shown on the plat. In witness whereof said DNA Properties, LLC, a Minnesota limited liability company, has caused these presents to be signed by Its properofflcerthls __ day of ___ ~ 20_. SIGNED DNA PROPERTIES, LLC, a Minnesota llmlted liablllty company By ___________ ~i!S ________ _ STATEOF_) i~UNTY ~/ ___J The foregoing Instrument was ac:owledged before me thiS __ d~ ~NA Properties, LLC, a Minnesota ltmlted liability company, on behalf of the company. Notary Public, ___ County,_____ Notary's printed name My commission expires ______ _ I, Mark S. Gronberg, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor In the State of Minnesota; that this ptat Is a correct representation of the boundary survey; that all mathematical data and labels are correctty designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that an water boundaries and wet lands as defined In Minnesota Statutes, Section 505.01, Subd. 3 as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat Dated thls __ dayof _. 20_. Mark S. Gronberg, Licensed land Surveyor and Engineer Minnesota License Number 12755 STATE OF MINNESOTA) COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _____ day of 20_, by Mark S. Gronberg, Land Surveyor and Engineer. :~~r:J:f~n-e=xp1=re=s-_-:_-:_-:_-_-:_eo_u_nty_, _Minnesota Notary's printed name ORONO, MINNESOTA This plat of BOHNS POINT WEST was approved and accepted by the City Council of Orono, Minnesota, at a regular =~':!:~s"'o"f1h"'e"'eo=m=mi"'ss=1on::~;{..=,.~ns=po=rta~u~on=am1='th:1c-ou-n-t•/~[g=~:::in':=n~~':!:~:Vthe City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Sub. 2 CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA -----------~Mayor ____________ Cieri< TAXPAYER SERVICES DEPARTMENT, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable In 20_ and prior years have been paid for land described on this plat. Dated this ______ dayof ______ 20_. MARK V. CHAPIN, HENNEPIN COUNTY AUDITOR By ____________ Oeputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MINN. STAT. Sec. 3839.565 (1969), this plat has been approved this _____ day of ____ ~ 20 -· WIUIAM P. BROWN, HENNEPIN COUNTY SURVEYOR By __________ _ COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA I hereby certify Iha~ tti; 0 within 1 ~~a-I•_' eo_H_Ns J'c?c:1' ~~~ recorded In this office this ____ day of MARTIN MCCORMICK, COUNTY RECORDER By _________ Oeputy ENGINEERS, LAND SURVEYORS, PLANNERS m~ >< (/1 =-2. C" C -· r+ r+ -· )> g ,,..., LAKE ' \ I I .,, \\I\ \', \ \' MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION Of PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that port of sold lot 1 0~1c~i~~tessogjh:~~o~~s o ~~:t ~~~~ th~ :nb~or~~~nfflnsr~!h s!~t::r~;e~~e of soid Lot 1, assuming o bearing bos!e of South 67 degrees 20 minutes West for the Westerly segment of said Southerly lino of Lot 1. denotes Iron marker [[![ID: denotes propos1:1d spot elevation, mean sea level d1;1tum --1117--: denotes existing contour line, mean seo level datum ---tlli}--: denotes proposed contour line, meon seo level dolum Bearings shown ore bosed upon on ossumed dotum, !~f!ti~t\;io~r~;:\!f ~~~w2JS: ~~~~!;~il!o 01 oJ~ini~~ 0 h!u~==~r~:d p~~~~=~~• :ionct~~p~~e~ ~~~;e1i:;~~~~gltli~;•e;w;or~~~~~th~~s;~:J~nttvt:~ys, improvements or encroochments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER &: DEVELOPER : DNA PROPERTIES, INC. C/0 AL ANNEXST AO P.O. BOX 651 WAYZATA. MN 55391 EXISTING ZONING : LR-18 TOT AL AREA : 4.89! ACRES, ALL ORY NOTE: No groding is p: The South lot (I be sold to the South with no c o! t.hi:, tim~.y ...illlliQ.. d•notu lronmcrktr l!i[!I: deniitnpropa1edlJl)Cteleval1on, meon HO lnll da\i,m d:zic!.u u!xl~l!j :.::.~ i.,,, --£m}--: d<lniilupropaudcontournoe. moon Ha Rivel datum PROPOSED GRADING PLAN FOR DNA PROPERTIES, INC. IN LOT 1, BLOCK 1, BETH & BRIDGET -----, HENNEPIN COUNTY, MINNESOTA -------------..... ,, ------.... , \ \ ,.,,,-',\ ',, \ \ I\ \ \ \ \ \ I 4 \ \ \ \jl \ \ \ \ \ \ 5 ',,, ,, ._;_,..__,-,:-/✓-,, \ \ --~---✓ s 89°~0'--00"✓~----.:-=-~-) ,, \ \ \ \, \, \ ---------' J \ \ \ \ ' "------N e9•40• 00~ 2\~ HOUSE 11595 -30 30 I 60 ' \ I I I I I 90 \ \ \ \ \ \ Council Exhibit C ~a~ -~ m Uh, !:qi i E-< j \:I j!/3_ g~ ~ ~ rn >. l ~~il ~h~ C, !I g &l i ~ ~0 Z zi!; 0~ p:: ti t!l 1-u !!J 0 a: a. ¼ ~ ~1= ~-~-~i ,h1' .! !~ ■ ~· !~, I idj ~ !rn BrnCHMARK: Top of Iran at tlW property eorner 00 (960.0) SC Al E IN FEET ~--'-I0--~,,---,,~,-~~.,~.5-g~o PROPOSED CROSS SECTION A-A ~Ill! m~ >< t/1 2: 2. C" C -· ,-+ ,-+ -· mg <( ~ z 0 ~ I-w m .J z <( z I-en > -:E 0::: 0 w ~ <( ..J i "#, \ 0 Z- '!'.. l> :. "' ~ ~ 6 6 > > ij~ "' z Ii:~ t: -> ~ '°"' ow ~ MU) °'Z ., rag ~ ~~ M !;;;i,.: ! >O. WW .JC :i; w. o:Z z wl5 0 i; z ~ ZI-;:o 01- w Z(!) .J ><z w s~ "' w §8 i :re BOHNS POINT WEST ...... ~) / A ! i \/ S 89° 40'00" E 579.67 / / .. I /VI 33 --r~:e_------------------------------------------------------------------;;N~~-;;,;~;!;:""~r I ! I ! L: ... -· ri¼~VEY <.':S~:-! ex, lo;: "' I~ ~ db :~ s I~~ ·~:~·~... 1 : hi: .. ....:-.. <0 ~ : ~z ~ ---5... .. .. :... r , l ~t:<l': ______________________________________ N89"40'00"W 578.05 -----------V -----------------I I-"! i! l---g'i?~~A=--------------------------------=:------5---------------------7 ;~ 1~ 0/; 17+;'" ,~~ ···y~'F <5~> : z..: ~ .&1; ~ ~ ~ i ~I I !'l \\ --:Z--· 2 < 'v : ~~ IP;,0•• t" <:> QJ .. -··•. i~ ;~ ·('' -. 5•···J 1 ~!?f '. ... ,· EASTLINEOFLOT1, 1 1 2: :,;-,· \ ".: LAGOON ( _ BLOCK 1, BETH & BRIDGET H , .~ ,;~ ii i c--, ! ~ \':\~ J / ,,:S) -~r-! ,•· ~ ~,,}t,'b 10•;"t} "' -_-_-;_;::---j.) N 89"40'00" W 305.00 J ~ ~~ ~_;f-;(1~ i-,s_<f}_---./ .. .:-· ~!\ '\: ~~()i;:s , 3"'-N.-----,,....,,,,.,... ANGLEPOINTINSOUTHERLY i~ \ --.,,~"'i:f) s1J:.0J}-----f,f00 LINEOFLOT1,BLOCK1, '6~ V<::i' -------I O N....-,:6'~ BETHANDBRIDGET ~ .------£ p T ..... ---;fi<SfJ -£ X C ----so C\-----r 17.o•· : _ WESTERLY SEGMENT OF SOUTHERLY LINE OF LOT 1, BLOCK 1, BETH AND BRIDGET I Drainage and utility easements shown thus: I I I I I Is i--c I I !J-l..c • DENOTES IRON MONUMENT FOUND o DENOTES IRON MONUMENT SET; MARKED BY MINN. UC. NO. 12755 FOR PURPOSES OF THIS SURVEY, THE WESTERLY SEGMENT OF THE SOUTHERLY LINE OF LOT 1, BLOCK 1, BETH AND BRIDGET HAS AN ASSUMED BEARING OF SOUTH 67 DEGREES 20 MINUTES WEST 33 I I I I I I I I ____ ~'--------: L ________ ~L __ Being 5 feet in width, unless otherwise indicated, and adjoining lot lines, and being 10 feet in width, and adjoining right of way lines unless otherwise indicated on the plat. 0 50 100 200 SCALE IN FEET GRONBERG & ASSOCIATES, INC. C.R.DOC.NO. KNOW ALL PERSONS BY THESE PRESENTS: That DNA Properties, LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Hennepin, State of Minnesota, to wit Lot 1, Block 1, BETH AND BRIDGET, Except that part of said Lot 1 which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, Has caused the same to be surveyed and platted as BOHNS POINT WEST, and does hereby dedicate to the public for public use forever the drainage and utility easements as shown on the plat. In witness whereof said DNA Properties, LLC, a Minnesota limited liability company, has caused these presents to be signed by tts proper officer this ___ day of ______ , 20 __ . SIGNED DNA PROPERTIES, LLC, a Minnesota limited liability company By ________________ ~ its ___________ _ STATE OF ____ -! COUNTY OF ----~ The foregoing instrument was acknowledged before me this ___ day of-,-,--::-----,,.--,'' 20 __ , by ________________ , tts ___________ , of DNA Properties, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public, ____ County, ______ _ Notary's printed name My commission expires _________ _ I, Mark S. Gronberg, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands as defined in Minnesota Statutes, Section 505.01, Subd. 3 as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ___ day of _____ , 20 __ . Mark S. Gronberg, Licensed Land Surveyor and Engineer Minnesota License Number 12755 STATE OF MINNESOTA) COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ______ day of _______ , 20 __ , by Mark S. Gronberg, Land Surveyor and Engineer . Notary Public, _______ County, Minnesota Notary's printed name My commission expires _______ _ ORONO, MINNESOTA This plat of BOHNS POINT WEST was approved and accepted by the City Council of Orono, Minnesota, at a regular meeting held this -~~---~day of ___ ~--~:· 20 __ . If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes, Section 505.03, Sub. 2 CITY COUNCIL OF THE CITY OF ORONO, MINNESOTA _________________ ,, Mayor _________________ , Clerk TAXPAYER SERVICES DEPARTMENT, HENNEPIN COUNTY, MINNESOTA I hereby certify that taxes payable in 20 __ and prior years have been paid for land described on this plat. Dated this ________ day of _______ ,, 20 __ . MARK V. CHAPIN, HENNEPIN COUNTY AUDITOR By ______________ ~Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to MINN. STAT. Sec. 383B.565 (1969), this plat has been approved this ______ day of ______ , 20_. WILLIAM P. BROWN, HENNEPIN COUNTY SURVEYOR By _______________ _ COUNTY RECORDER, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of SOHNS POINT WEST was recorded in this office this ______ day of _______ , 20 __ , at ____ o'clock __ . M. MARTIN MCCORMICK, COUNTY RECORDER By ___________ , Deputy ENGINEERS, LAND SURVEYORS, PLANNERS Council Exhibit B PROPOSED GRADING PLAN FOR DNA PROPERTIES, INC. IN LOT 1, BLOCK 1, BETH & BRIDGET --------------' .,,,...,.,.,-----------............... --,, \ \ \ \ / --'-'-\ ' \\ \ I ,,,-'-'-\ \ 1\ I ( '\ ', \ \1 \ \\1\ I I 4 \! \ \ 1 HENNEPIN COUNTY, MINNESOTA I I \5 \ '-\ \ I \ .., __ \ \ A \ \ \ I _\.----S 89°~0!-00':..E---_: ___ _; _,f \ ~O! \.....--\ ...-9~2.-:_9:!,4---::::-93&--:~9~---I _..I .......... .......... LAKE \ LOT AREA • 113,135! SQ. FT. MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION OF PREMISES : Lot 1, Block 1, BETH AND BRIDGET, EXCEPT that part of said Lot 1 which lies southerly of a line drawn on a bearin~ of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of soid Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. o : denotes iron marker 1910.8!: --917--: ~= denotes proposed spot elevation, mean sea level datum denotes existing contour line, mean sea level datum denotes proposed contour line, mean sea level datum Bearings shown are based upon an assumed datum. This survey intends to show the boundaries of the above described property, existing topograpy per our 2004 survey, two adjoining houses, the proposed location of a proposed dividing line, two possible houses, with driveways, and proposed grades thereon. It does not purport to show any other improvements or encroachments. STREET ADDRESS : 1535 BOHN' S POINT ROAD OWNER & DEVELOPER : DNA PROPERTIES, INC. C/0 AL ANNEXSTAD P.O. BOX 651 WAYZATA, MN 55391 EXISTING ZONING : LR-1B TOTAL AREA : 4.89! ACRES, ALL DRY NOTE: No grading is P.roposed at this time. The South lot (Lot 2) is proposed to be sold to the adjoining lot to the South with no construction P.roposed at this time. The North lot (Lot 1) will be graded at the time of a proposed building permit on that lot. o : denotes iron marker [Il§]]: --917--: -mii)-: denotes proposed spot elevation, mean sea level datum denotes proposed contour One. mean sea level datum BENCHMARK: Top of Iron ot NW property corner • (960.0) EXISTING HOUSE 11595 2 -30 0 S C A L E \ 2.60! ACRES \ \ ' 30 IN '-...._ 60 .......... , ____________ ____ 90 F E E T I I I I / / / / / ( I I I I I ,,a-J>' 947 946 945 944 943 942 941 940 0 \ \ ' ' 10 \ \ \ \ 20 PROPOSED CROSS \ \ "' ' 30 40 45 SECTION A-A 21 :. 947 946 945 944 943 942 941 940 Council Exhibit C f-u I.J.J --:> 0 a:: a. iih ~la ~ m ,._ to~ b~a; a.~i.s .::e ... g ~ ~i ~ i]ri j~:::jO ,, ... ~ :5 E'Qjij _;-a.! :.:.~e-~•a..., u a-o ~~: ~ c.5.2 .! !!" 0 _,,t;;; I I ; L (/);:; zll! 0 H vi > w 0::: ii§ , a SI i ~ d \e :t. a H "' "' ,... ~ ~ 1 j i I I & ,,; "' b ,. City of Orono Council Exhibit D Subdivision Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main : 952-249-4600 fax: 952-249-4616 Mailing Address: P.O. Box 66 C stal Ba , MN 55323-0066 Application # Date Received : Staff : Application Fee : Escrow# & $ Notes : PROPERTY INFORMATION: / /) I I Site Address: IS3S-8 o la A.1.t· -r o ; ·/\.IT /(di Property Identification Number (PIN): 08-// 7 ~ 1-3 -'t <f -60-Z.,3 (Attach legal description to application if not inc/u,ed on the survey) Date Property Acquired (month/year): 9 -Z 6 o Cf t$i Abstract Present use of property: 51' Residential ; number of Units __..._ ___ _ □ Torrens (Please check one) □ Other (specify) ________________________ _ Zoning District: <-. 6 -t ts APPLICANT INFORMATION: Co Name(s): /4 r . Phone (h Gffte):-'d'--'-___._~--~--~-................. -+--Phone (cell): c; s--L '2 .. r o -Io 7S Address: _____________________________________ _ Email: _________________ _ Fax: _______________ _ OWNER INFORMATION: (Complete I Name(s): lJ Iv es _and marital status required for e ch interested party)· d I< CL.(_ I X Phone (home): _ __,,.--..,.------=-t".------ Address: PO . l oY-3s I :J 9 Phone (cell): _______ .,..----,,---=----n, ,-f l#11 rl-h I ~,xqS 7 tl t ·-z- Email: _________________ _ Fax: _______________ _ EXISTING LAND USE: Number of Tax Parcels : I Development Size : __ 9~· -B'~q~_ Acres Dry Land PROPOSED LAND USE: ___ ..;;;:O;..,,.,.._ Acres Wet Land --4+-'-, bl~--'--Acres TOT AL , all parcels D Division for Tax Purposes D Lot Line Rearrangement Only (no new building sites) IIDS ubdivision for New Building Sites Number of Building Sites : Existing Units : New Units: Total Units: u ) Proposed Gross Density ___ '1_ ___ Units per 7 1 tf S acres Minimum Lot Size : ______ Square feet dry buildable land Proposed Use {check)i:t Residential D Other(specify) _____________________ _ Minimum Material Required for Complete Preliminary Plat Application 1 . Payment of fees 2 . Completed application form . 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners list 5. A list of any other persons you wish notified of th is application Subdivision Packet Last Updated : 04/01/2013 Min imum Material Required for a Complete Final Plat Application 1. Payment of fees 2 . Signed certificate of Survey or mylar cop ies of formal plat. 3. Title opinion . 4 . Easements , covenants, etc . 5. Developers Agreement 6. Letter of Credit Page 11 of24 MAR 17 201 4 CllY OF ORONO #365 APPLICATION FEES: (Planning & Zoning Coordinator to [X] those which apply) A r r B F 100 1ca 10n ase ees: Cost Total Sketch Plan Review (Class I, II & 111) $350* Subdivision Aoolication (Class I & I or Lot Line Rearranqement) $700* Preliminary Plat Review, plus $30/lot (Class Ill & all non-residential) $850* Final Plat Review $700* +.,n,---. Renewal of Subdivision Approval (Class I, II & Ill or Lot Line Rearrangement) $350* No Change from Original Aooroval Aoolication Escrow (Class I, II & Ill and Lot Line RearranQement) No Public Improvements $2,500 Application Escrow (Class I, II & Ill and Lot Line Rearrangement) with Public Improvements $10 ,000 Park Fees (to be determined oer Section 82-227) As incurred *plus, Engineering & Legal Review Special Improvement Fees: Cost Total Proposed Private Roads , plus $.50/lineal foot $650* + Proposed Public Roads, plus $.50/lineal foot $950* + Request for Citv to Acceot Existing Private Road $950* Request for City to maintain unimproved public road $225 Proposed Sanitary Sewer Main Extension, plus $25/stub $275* + Proposed Watermain Extension, plus $25/stub $275* + Proposed Storm Sewer Svstem (excludinq culverts) $250* On -site System , Site Evaluation Review (aoolicable to rural subdivision) $60/per lot x$60 *plus, Engineering & Legal Review Flexible Application Fees / Miscellaneous Fees Cost Total Variance $700* Vacation of Public Road $100 per benefitinq propertv ($700 minimum per aool) Varies Easement Vacation Associated with a Subdivision $200* Easement Creation with Subdivision Application No fee Escrow for Vacations and Easements $700 PRO Application with Subdivision , $35/dwellinq unit x$35 Appeal of Administrative Decision $50 *plus, Engineering & Legal Review Total Escrow Amount $2,500 I $10,000 / Other Z S-<Yl) TOTAL DUE 1~)2. oo . APPLICANT AND/OR OWNER: • Agree to provide all information requi red or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application , and • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants , agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or owner is unable to attend a scheduled meeting , please make arrangements to have an authorized r sentative attend in place of the applicant/owner and advise the City Planner assigned to your pro · t. Owner's Signature:.......,"'-"".-'---.-1--~,c.....,.'---1--C~~-- Owne r's Signature: _________ ,__ ___ _ Applicant's Signature :,..,.ilJ-----+Jb: ........ -=--------- Date: ___________ _ Date :_r)---'3_,_P....;;..3-+-/ ....... 1 t./-1------- Applicant's Signature :_____________ IJ.pte · ____________ _ RECEIVEu . - 12 fflR 17 201 4 # 3 6 5 9 Subdivision Packet Last Updated : 04/01/2013 CITY OF ORONO City (,f 0?JJTi': 275-0 K,J lt?y Par'k,;,.w Dror10 Mi\ 553"3i-J · Pl-;nrdrr~{ ~17rd Znni119 !4-3&59~1533 iuA1ns Pt Rd h)i--J-42~~0 F 1 l l rig fe~s-e lect ion~/ pl.at s fither R".?!fenue i }r~ 3555 1535 Bohr1-1 Pt Rd f'2.5-3SE-SO Ptw'!~. n~rhrEit ic~) Fe~s Pr~vlcus fl:ilirreei Oi;ne/ Peven1..u: 11:--3E59 153:3 Bi::hr:t:-Pt Rd f.51 ··"JB 1;~0 St ~Jtr-/Llr;:11nd.9~ !runk Fees CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 6 5 A RESOLUTION APPROVING THE PRELIMINARY PLAT FOR PROPERTY LOCATED AT 1535 SOHNS POINT ROAD FILE NO. 14-3646 Council Exhibit E WHEREAS, DNA Properties, LLC, a Minnesota Limited Liability Company, (hereinafter the "Developer") is the owner of the property within the City of Orono (hereinafter the "City") located at 1535 Sohns Point Road and legally described as follows: Lot 1, Block 1, Beth & Bridget, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on December 19, 2013, the Developer filed a complete subdivision appiication with the City for preliminary approval of a 2 lot residential plat of the Property; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et seq. and the City of Orono Zoning and Subdivision Codes, on January 21, 2014, the Orono Planning Commission held a public hearing for· the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, on January 21, 2014, the Planning Commission reviewed the application and recommended on a vote of 6 -0 that the Council grant preliminary plat approval; and WHEREAS, the City Council reviewed the proposal at a regular meeting held on February 10, 2014, and hereby made the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File #14-3646. 2. The property is zoned LR-1 B Single Family Lakeshore Residential District, which normally requires a minimum lot area of 1.0 acres and minimum lot width of 140' The Property is 4.89 acres in area, of which 4.89 acres is dry, buildable, non-wetland area. 3. The Property is guided in the existing 2000-2030 Orono Community Management Plan (CMP) for single family residential use at a density of 1 up to unit per 1 acre. The proposed layout contains 2 lots on 4.89 non-wetland acres, for an overall density of 0.41 Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6 3 6 5 NO. _______ _ units per dry acre, meeting the density requirements. 4. The proposed plat includes two lots which will be conforming with respect to area and width. Each lot will be served via Bohns Point Road which extends southerly off of North Shore Drive. 5. Each lot is proposed to be served with City sewer and private water supply wells. 6. The Developer has proposed a grading plan to establish building pad locations and elevations. The proposed elevation of the building pads will be used to establish new existing grades for the purpose of evaluating building height. 7. The City has no current plans for trails or parks that specifically require dedication of land from this property. Because dedication of land for park purposes is not required at this location, a Park Dedication Fee in lieu of land per City Ordinance would be appropriate. 8. All proposed lots will contain suitable area meeting all established LR-1 B district setback requirements to allow the construction of single family residences. CONCLUSIONS, ORD:=R AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat Approval for DNA Properties, LLC, for a 2-lot plat per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg & Associates, Inc. dated 12/02/13 and attached hereto as Exhibit A, subject to the following conditions: 1. Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 1. Existing grade for both lots for building height determination and calculation of the number of stories shall be the proposed grades as shown on the Proposed Grading Plan dated 01/27/14 attached as Exhibit B. The grading plan as approved establishes new existing grades. 2. Development Fees based on 2014 Fee Schedule: A Park Dedication Fee. The development is subject to the standard Park Dedication Fee requirement. Because the value of the newly created lots will be Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 6 5 in excess of the threshold value the 8% park fee cap of $5,550 per lot will apply. Park dedication fee will be for 1 lot x $5,550 = $5,550. B. Storm Water and Drainage Trunk Fee. The development is subject to the standard Storm Water and Drainage Trunk Fee of $5,000 per acre x 4.89 gross acres = $24,450. 3. City Engineer Approval. Approval is subject to the existing and ongoing recommendations of the City Engineer. 4. Plans and Specifications. The following plans and specifications shall be submitted for review and approval by the City and other appropriate jurisdictions prior to final plat approval, to ensure that the proposed plat will accomplish the intended purposes: a) Final grading, drainage and erosion control plan showing existing and proposed contours, anticipated building locations, elevations, stormwater facilities and calculations, utilities and erosion control measures to be used during construction. Final Plat Approval will not be granted until the Minnehaha Creek Watershed District has approved the stormwater management plans. b) Sufficient detail to meet the recommendations of the City Engineer. 5. Other Easements. a) Drainage and Utility Easements shall be dedicated to the public on the final plat 1 O' along all exterior property lines, and 5' either side of interior property lines, except such easements shall be increased to accommodate drainage where required, subject to City staff approval. FINAL SUBMITTAL$ The following list of final submittals must be submitted to the Planning & Zoning Coordinator at least four (4) weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submittals are as follows: 1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's records and one for filing with Hennepin County) and one (1) copy reduced to 1" Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 6365 NO. _______ _ = 200'. Drawing to include: A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg dated 12/02/13 attached hereto as Exhibit A, except as modified herein. B. Dedication of "drainage and utility easements" 1 O' along exterior property lines and 5' along the interior property line. D. Dedication of "Drainage Easements" over all drninageways. E. Naming of plat. 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of 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 applicant must provide certified copies of all recorded easements currently affecting the property. 3. Plat approval fees to be paid: Total due: $30,980.00. A. Final plat fee= $700.00 8. Legal review & filing fees for subdivision and associated documents: $280.00 C. Park Dedication Fee: $5,550.00 D. Stormwater and Drainage Trunk Fee: $24,450. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th day of February, 2014. Page 4 of 5 ATTEST: Rachel Dodge, City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO Lili Tod McMillan, Mayor This instrument was acknowledged before me this __ _ ___________ , it's ___ ___,...::__ ________ on behalf of DNA Properties, LLC. Notary Public ~ )<k+a.CY\ed Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ey@,Q'.'QO&'QM-<¾"~MMMMM@MM.§'<'~""¾'-:<½'~MMMM,;<§()'@,g"vQ(',Q'.'~MMm&<?&0<X'".§1:@,i,¾'@@~-:e< State of California County of K, V(.)/5 ,de__ on+----6. I 8--1 ;::xwf Date before me, JULIE FRASCA Commission # 1976932 j Nota;y Public -California I z Riverside County ?; ~. 4 ~ 4 4 .Ml aoT"l: :x~r:5 ~al :o:.2~1g( Place Notary Seal Above } -~ who proved to me on the basis of satisfactory evidence to be the person~) whose name'fSi)@afe-subscribed to the within instrument and acknowledged to me that ~ executed the same i~r authorized capacity~), and that by~ signature~ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur OPTIONAL J Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ □ Individual □ Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _________ _ Signer Is Representing: ____ _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ______________ _ □ Individual □ Corporate Officer -Title(s): ________ _ □ Partner -□ Limited □ General □ Attorney in Fact □Trustee □ Guardian or Conservator □Other: __________ _ Signer Is Representing: ____ _ RIGHTTHUMBPRINT DFSIGNER ' Top of thumb here g;(.'§'.<,-'§(,'§'Z,'§(,'§(.,-<@.,"@;.'@.,"@:,'§(,'@"G?i,'@'§(,'@;."Q(,'@,.--g',~-'{R,'@,.~"@;.~-g:/,,"§,(,-m,--Q<.,"@,'@,."@;.'4;M"§k,'@(,"'@.,"'@.,"§R,"@','@,'@','@;.'@;,'@,."@,--g © 2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 lD ,o ~~G HOUSE '" /'v PLAT AND CERTIF'JCATE OF SURVEY F'OR PROPERTIES, INC . IN LOT 1, BLOCK 1, BETII & BRIDGET PREL!M[NARY DNA / --HENNEPIN COUNTY, MINNESOTA <1: 1 tr:) '° ,,, / _.,,,.... --------__. ---....._--....._ ....__---...._ \ ' --~ ,, ' l \ 1\ ,' ,/ '·, ', \ \,\, \ I \ \ '--1 -..._\_,so-, ••1 \ \ \ { \ ; '\ \ \ \J \ \ I \ \ ~ '-.. '.. "-. ---~--9SS_.-!.is~ 1 •I - \ \ _,,/ .\ \ \ \ ' '-....._ I --\ -;) -..__'/) ~ \ '"'~'""''-"< ~ -=-·· I J ' ' ' \ '' '' .-,-'" '· "'"' ", , I/ \\ -, _A')'l ____ __.__. ,,.....-,,f" I \ \ "-.. ........... , -..._ \ J04H , / -~~ ct3-~ C ~~ LAKE MINNETONKA CRYSTAL BAY LEGAL DESCRIPTION Of PREMISES : Lot 1, Block l. BETH AND BRIDGET, EXCEPT tho\ part of said lot 1 which lies southerly of o line drown on o beorin~ of South 73 dejrees 02 minutes 33 seconds West from the angle pomt in lhe Souther y fine of sold lot I. assuming o bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1. denotes iron morl1er -917-: denotes existing contour line, mean sea level datum Bearings shown ore based upon on assumed dolum . \ \ ~ ' \ / ; / 275:ZJ------., J I I \. Q-------!15'4 '-.::, ._ 9<>0 --) J, A\-,-+---:,-r--1--/--------,---e:: _ _,_--'--~----~-----==-"'---=-------_::-"" _::_ -,-=---i-7 .. " \\ ; / ,,. J "-.. -_ -----------s52----..... -......._ '-fi \ I , --------, -------"'-. , ,1 \ I\ I 1 1 / / '--\ -___ ------950-~ , , , • , "I _, 1 \ 2 / 1 --1Ha --_ -._._ , , \\',,1 1 / I I r r I I I 1 ,,-,➔o-----'-----'·,, ,_·.,. --~,, 1., t:- 1:; I I I l I I // -----·. ', , \ I :,j' \ ' ill / I I I I I ' --', \ \ \ I I ~Pl N "-,, -.... \ \ ~~ I I/ I I I I I '-' '· ·,. \ ', "' I . I'\ \ \ 1 \ I \ \ I , ' \ \ \ 1 1. ~\ \ '\ \ \ I ~ -~ ,. \ :i \ \ \\ \ 1 1 \ r, \ \ \ , I le / \ -,, \ • ' ' I - \ SUWEY \ """" \ , \LOT AREA ~ 113\1_35! SQ FT \ •• \ \ \ \ \ I "" ·I / A\ '"' '-. ,., '~ ',_ , 260-ACRES , \ I / Q ' \I \ :· \ .,,__ \ \ \ I ........ \II <I;' . ": -.., \ '-1 "'-I I \ \ \ -.., -.,, . .., :::, \ ', I '-,, \ I \ 1\ \ 1 , 0 II \\ ',-... '-.,, ~:,., ......., \ . \ 1 PROPOSED \, \1 ·'(, f / o:: __ , _ " ..., " \ \ 1 _,.,-1 01v1m!llG ~~:rrfc,,~ ,~ 1 • E-<.., I '-. \ \ \ \ ' LINE _j_ /Lo<S \ Z ' ' \ \ \ \ ---~---{-~------------------"--H-Li ________ ,__ __ .:,__,__\...L.._c.. 2 __ __ _ _____ _L_ __ _J. ____ _!:__ ~oe••, T >-< 3:: • ' \ \ ' \.\ \~ Nll9"40'00"\W 57805 ~ \ "-.. ' 0 , S90 E' 7000 \ \ \ \ ~~--------s::,---------------1-------_--"';,, •,.,,' p__. I □ ·//, . 0 ' \ \ \ \ ~, I , I , , ~ I J:,v ,.,., · : "'-.,_ \,, \ \ \ \ \ 1 I \ ,1 • -.,, ' -"·t-(/} he , cl \ \ \ \,,.\ \ \ \ \ / }' / \ '-JO - I ; 8 : ,.,.~ \. ,. \ \ \ '\ \ \ I .... i r ,1 \ ,; i1 ~ ' ~ ', ' \ \\ '-, ) \ \ >-'--< : ,._, '--, ~ \ \ \ \ \ "'---I \ \I \ I 0 : Cl "-...... o -../7 I '. "- II . }I '-: 'b \ \ \ \ \ \ 2 \ I I -''' \\ -', ', \ \i p::i I .' \ \ \ '\ \ \ ~ --\ . ...., -... -.., ii ~ -+-!--l ~ , ~ \ \co,\,~.}\..\ 100 126: 'SQ FT ORY I 1 \, '-"I •• \;; / • -4;:J \ \ 2.30-AC~ES DRY ' -......._ 1~ . "'' I \ \ ,, --...., '\· ' -/i LAGOON ~. I \ I \I \' \ ~,••;>, ',,',_~I· ') -._ ~\ .__ ---~LlOW~BLE TEHl•S COURT _,,--_,,,..-,,'l~'). _..----..._ -......._ /j ' 0 '"'' g " I I I I I \ I ... --"""""""'UE• ,,--/ ,,o ,, -..., I --4t ·f1\ ~· ~~~-tlf w -'-t I 1 --~ t,OC NO 151~ _,.,,--,.... / _,,....--.... 39 I- "" "'' ~ "' I'--._ \ \ ___,---+= ---~----,-<C-,-,,,--c-.,-------.:I--, :, mom ;..,, I '-I I I __ __:-------,.r-~--~ ...,_r.i..r_~-~~-~~ ---l--1~ ,-. '-. -)----w~nrsTl!lr;;MN. ,?!., : ./~~~Mv'i:-fl'.li11a·.: --.._ ----.... 10 ) J -~1 [ \ _ _i__\_~':!:,,~_.1:._~-L-•~!,;_•!!2•~0,,,,~~,.,_J vj_ I ;f _.-J _:.---\ 0£CDUOUS TRU: :9' / A * : / UllUTY EASEJ.€N --.._ L~ _,,_ _.,,,.-;------.f' I) , .....---.---~ m~~t1~ iriiuv _ a_: / ~•r.;• J~ti~~"' ~"'I .._ - PC Exhibit B 1-u "'5 0 c:: /1_ ii! ni, d]§ iw ::-ii ff~! tfH !ncS 1t!~~rvt~iaii~~:s p~~ ~~~"'2ci3: ~~~~=t\~o01aJJoini~~0 h~u~:!~'~~~d 1h~0 ~~~~~sed • ~o\1on oJ o proposed dividing line thereon. H does nol prnporl to show any olher improvements or encroachments. ~ -----1/"------..-' ;/ 2-;.-,.,_ ~ _:::_ ;:--== ~ -=---=---=-;-::: _:::-~:-'--=---=--=-~ ~-=-~-_:J ": :.. I -t;: ~ -. \ , -... ,,, ' , _ -r j ~Jo-f::.. :: 1:,9 N ~9•40• 00"'1\. \ , ' . 305 Q? 7 l I £, '/ / 1.:/0 , ( ' , /' ~ STREET ADDRESS ; 1535 BOHN' S POlrH ROAD OWtlER & DEVELOPER ; ONA PROPERTIES, !NC C/0 Al ANNEXST AO PO. BOX 651 WAYZATA, MN 55391 EXJSTJNG ZONING : LR · 18 TOT AL AREA ; 4.89: ACRES. Al L DRY I _..1.__...... ,.,,,. !--/ 1 /2 ~ __ _ ~ . ~ ..--\ ..,_!-__, __, ,:,,.,, ;J jir,;/, I ) ~ / : ~;:,;;~·'~ -----. -;, ' 929.. ~'_$.fo1,------~ ·_ .. :.s __;.;-:/ _.......,5:---1 ~~G ,,,-/ co,..ro1J1-· -""P"' ·'& : ____ ---.., ...,,..-;:; <oo•' / / I , ,/ UNE . _,/ -:t 'lt.---' / 1 ■'l,0 ,,,-I ' _...-,/ . . ___ ..,. 1::i.,Q't ~;; / / s ~ /., ; / ,.. ... .,.- \· · s / _...-_.,-,, / I -IHl-tC' /'~ ;_,,.,,,,.,, /,... I\ECEIVED · ~~ _,-/ HOO~ 'r ,,--/ / / '"" -,a a __:'o 60 ___ ,o# 3 . .. DEC -9 2013 I ~ ~ 7• 6 J €; I I L--~--mr~u ; t TY OF ORONO I!' -· ·-----· ------·-·-----______ .:.~ALE IN f-~-~-~ ____ _::_ -~-.L~~! __________ t_~,!.....;.,;..._._ ~: ~1i1 0 Qi ~ ~\ _L ..... ...s> -~ . f ~ -] 13-452 LO ,o f'f"") '° PROPOSED GRADING PLAN FOR DNA PROPERTIES, INC. I /-:::::~~~~::_,,----,, ' \ IN LOT 1, BLOCK 1, BETH & BRIDGET HENNEPIN COUNTY, MINNESOTA / /•, \ \ \ 'II / __, ' ' \ \ J I ' ', \ \ \ \ • \ \\ \ \ \ \ 4 \ \ \ \/ \ \ I , I \1\ \ I I I \ j \ \ \ I I I r:: I ,; \ ', \ ___;_:__11.1:>0-__/ ,,,/... ', \ ..... \ -----\ _ _,.g!,e,-..... / \ 6\ \i I 3o: \ _/>,.------·· S 8~~0!--0g:-"_.,,._E>--_:-_:-_=---1 _..,f \' . .t:__\,.. -~~~-c:::~9~:::~--=~6--_-::-~:se----t _.I LAKE MINNETONKA CRYSTAL BAY {., \ \ I 2 w·:\-----u. .,,.,,.. / ;✓~~23 ~Al \i\T-711------. \-/---;r-~-7-*r~----'):/ 11 11 I ,I / ,:..,,;./ --:0·>' \'\1 11 1 r-. ,,.__..-\,q;;o· \\\\1:2 ~ / / I / - \ \\ i I I I I I \ III/ / \ I / \ I If>-/ \ I es!eosrn J / I I:} I I s11..r FENC~J / \ I,~ ~ / ,' I I I "'• I f \ I I r\ I _J'i I \ \ .. I I \ ~11 .. t ..... 1--•·· ,, \ \ \ -ti"'-__ .. 7~ \ :.;, \ \( \ \ ~""' \. ', \ \ \\ l \ ... s~vEY , \"''-sti;1 ... c1C , , \ l,.,i\ U£ ...._...._ rU,.E'\. '\ '\. '-, 1\1 \ ..... -----~"...,,," "', \ " ..... --.... " ' \ 11 \ ',, '<, "-', '-.. ~ Ill ', I ',, '<-~ \. ', \I ,_ I ' ' ,, \ I -----1-' ' ''" \ I \ -......... , ............. \ '~... \ -~ -~ I " * \ \ \ I ---~--'¾.;-'\~~ \' \ \ \ \ \ \ ~;1"'~9~~ / 3' --~--:-/ --~--\\\ ,-<l !? 0 ---N O':i' 1 _ .. · • ,o E , 1000 __,,_ __ , , , , ~i -~~----1--r,-~~t:ouR./.1 g /r-: ,..-.. \\ \, \ \ \ ~-\-·••"\~ e,gj., LEGAL DESCRIPTION OF PREMl~ES ; Lot I, Blo~k I, BETH ANO BRIDGET. EXCEPT thol porl of soid Lot I which_l1es southerly of o line drown on o baorinQ of_ South 73 de<yees 02 minutes 53 sec:onds West from the <1ngle point m the Southerly line of said Lol I, assuming o bearing b.:isls ol South 67 degrees 20 minules West for U,e Westerly segment of said Soulherly line of Lot L ~: ~ derwles iron morllo,r d,moles propos11d :;;pot e!evotion, mean seo h,vel da:itum denah,,. existing contour line, m11on seo lev,.\ dulum denotes propo:,ed contour line. m,:,on sea level dolum L.N: I g / .. •• ~,Jltj,. ',\. \ \_ ... \;4 \ \ l o~/ • '\ 7\'-·\\\ \ \ Z ts ("' \. .. _., .. •·1 \ \ \ I \ I I ·";·'! ,i,/\ \ \ \ ~, \ ' I O I 1\-o ' \ \ \ ' ' Il l "/ t \ \ \ \ ~' \ I I \' I \ \ \ II \!1 ' , , , , ' \ It!' \ \ \ \l \ ! I \ I , \ \ Beorings shown ore based upon <1n assumed datum !~/:ti~~rvl:i};;;;: 5 p:; ~~;.w2Jg: ~~~::;~ii!a 0 ~d 1 loini~~oh:u~==~r;~:d p~~;~::t I l,o LAGOON O \ ::ir~: .. i, , I ~ l~ ./ ;'J I ,.\)' I I E\':.-,\ ~i :?/ \ \'1 \ ~l \ _.., . ~ I I I !.;I \ s?.\c\ \ bi I : l: I · \-1--\-----J \,. \ \ "'i J ) I/ I I location of o proposed di111ding line. two possible houses, with driveways, and proposoid grodes there<1n It does not purport to sho# ony othor improvements o, encr<1ochmenls. \~~ \ " /) '\"'\;:,... \ \ I "• .... t I I' I r ...... ,~\ JI /;7<.,, •:JI J ,r ~ ' /:{/" \ .. ' / \_/ · .•. I_ i I_,--' • Y?-• .....§_IBEET ADORE~~; 1535 BOHN' S POINf ROAD OWNER & DI:. VELOPER ; ONA PROPERTIES, INC. C/0 Al. ANNEXST AO P 0. BOX 651 WAYZATA, MN :>5391 EX!S TING ZOM!NG : LR-19 ~~: 4.69'. ACRES, ALL ORY NOTE: No grading is proposed al this time lillw' ~ dGnOlei inm m<llkcr dcm>lo,1 pr<>p<>.$Od ~p<>l alavaticn. m11cn 5Go level t10\um d~:~"",.,-;i~~:y d:i:1:;,ur ~ .... ,:i.\ {;.&. \ . ./ I / L..-f_ _.-,:__. _...= ./ \'=,~ ,., , (.'• / / '-;fa-::__;g.,, .. og•·· \\'£1\ ~. /4 \ / ___ ,__. / /; ; '/' \ ,,_\ 'y /,, '>' \ / / ; ;'i, I \ 1 \\ ; •• .. · \ _,.;:---,.✓-✓r;;,o / _ l \ cP\ ~.,,. ':I \),.-...,,---..-..---7 _,,..,,,. I •~J'G\ ; ----r ...._ . ✓✓-;✓;;;;" ' I / U' _.-,;;--/ 7:i" jt..,,::-..... ---:-r'l.o' 0: ,/ / \. >., , s 1_!?0,.E.~;::..-;..,. $ E, / .. _,,.,, / I ,3: -· ~~-:,,-.,,. .,,...,,,.,, .,,✓ // ~ \;: ;; ;; ; I HOUSE !~e s~l~u't~ t~~e (l~~iafJni~ 1~!°Fisrhdu lu ---{jE}-, deru>l<>,i proposud ~<>ntout lin•, mellll s<111 loov•I dolum ,, , , 11511!, .:.. -JO \ JO ' I I I ) I I _g~V~ ,_✓ "' \ \ \ \ \ ', -%-,, South with no conslruc1ion proposed at this Limt!. The North lol {lot 1) will b<i grodud al \he lime ul o proposed building p,irmit on t!,al tot riJ~✓=----/ 111 1 ~ --BENCHUARM:, Top ol lton at NW p«>perly corner M {9600) I 5 C AL E IN f EE T . 10 20 JO 40 PROPOSED CROSS SECT!Ut~ A-A O• zei .,, --~ ~ {/) . ~§ ~ ~ -~ G!,~ o t;, [/) >" ~ ~ ~ «ih dgft ~ ~. ~ = - ~§ ~ z ~ ~ O:::! ~ p:: ~ CJ 1-u '=/ 0 Q'. (l_ !H !:ii mI f ij; e£r; 'iH I l 111 II n •I I, !i I! ~l±li STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 10, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this ( 811-' day of 1--J ,1i1, t, CL-> ...... -L.,, 2014. 7 City Clerk 11 ~ Council Exhibit F MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. 5. #14-3646 GEORGE STICKNEY ON BEHALF OF DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD, SUBDIVISON: PRELIMINARY PLAT, 7:21 P.M. -7:38 P.M. George Stickney, Applicant, was present. at Curtis stated the applicant is requesting preliminary plat approval to create one new 2-plus acre buildable lots from the original 4.89 acres. There will be two total lots. Lot 1 is proposed to contain 2.6 acres dry, buildable land; and Lot 2 is proposed to contain 2.3 acres dry, buildable lane. The property is located in the LR-lB, One Family Lakeshore Residential District, which allow for single-family lakeshore residential uses with a minimum lot size of one dry buildable acre. The proposed subdivision is in conformity with the guiding of this area for single-family lakeshore residential development at a maximum density of one unit per one acre. The proposed single-family development with two-plus acre lot sizes is consistent with existing development in the surrounding neighborhood where one acre is the minimum lot size. The subject property at 4.89 acres is the largest property on Bohns Point. The surrounding properties on Bohns Point vary in size from 0.45 to 3 acres. The home on the site to be platted was removed in 2009 and the property is currently vacant. The property currently has two sewer stubs serving the property. Other than the approximately 470 feet of lakeshore and a large lagoon near the lake, there are no notable characteristics of the property. The property is situated on the west side of Bohns Point. Each of the proposed properties will have frontage on Bohns Point and both lots are proposed to be served by city sewer and private wells. According to the LR-lB Zoning District standards, all of the lots must contain 1.0 dry acre and meet a 140-foot width requirement at the lakeshore and at the 75-foot structural setback from the lake. The average lakeshore setback as determined by the existing homes at 1595 Bohns Point road and 3265 Bohns Point Lake is closer to the lake than the 75-foot setback due to the location of the lagoon. Both of the suggested new building pad locations meet the average lakeshore setback. Proposed Lot 1 will have 2.60 acres of dry land. This lot is proposed to have 192 plus feet of frontage along the lake and 190 feet at the 75-foot setback. There is a sufficient buildable envelope available, and all of the required LR-lB district lot line setbacks and hardcover standards can be met. Proposed Lot 2 has 267 feet in width at the lake when measured in a straight line at the 929.4 OHWL contour and 270 plus feet in width at the 75-foot setback from the lagoon. This lot is proposed to contain 2.3 plus dry acres in area. All required LR-lB setbacks and hardcover limitations can reasonable be met when this lot is developed with a new home. This subdivision does not require any public improvements. However, the applicant has proposed a suggested grading plan which intends to establish a new base elevation for the properties. This new base elevation is to be considered a new existing grade for the purposes of height and number of stories determination. The Planning Commission should determine whether the character of the area will not be impacted and will tie into the existing grades on neighboring properties in a manner that appears as Page 10 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. natural and not contrived. The Planning Commission should also determine whether or not the suggested building pads will accommodate homes at an elevation and with a foundation style which is compatible with the adjacent properties. The subject property is located within the Metropolitan Urban Service Area and sewer service is available to these properties. There are two existing sewer stubs currently serving the property and are aligned in such a way that each of the proposed lots can utilize the existing stubs. Planning Staff recommends approval of the subdivision. Schoenzeit asked what the grade change is in feet. Curtis indicated Exhibit C shows the cross-section. Curtis stated on the south lot along the swale, the pre- existing home on the property was quite large and it is not known what the grades were prior to construction of that home. Schwingler asked if the Planning Commission has reviewed this application previously. Curtis indicated it has but that the approval has expired. McGrann asked if any public comments have been received on this application. Curtis indicated Staff has not received any. George Stickney, Applicant, stated he was asked by the sellers to develop this land. The property owner appeared before the Planning Commission previously for a three lot subdivision. The property owner never finalized their plans and never filed the final plat. Stickney stated the lagoon is unique, and with it being split, it made it almost impossible to market. Stickney stated in his view, if they doubled the size of the lot, it would be in keeping with the area and would allow for one lot to have the whole lagoon. Stickney indicated he has attempted to put the grades together to blend in with the adjoining properties and allow for a small walkout on each of the lots. Stickney stated in his view the lots are oversized enough to allow for some leeway on the grading and building pad. Stickney noted this is a one acre zoning area and both lots are over two acres. Stickney stated drainage should not affect either adjoining property and that he has not heard any negative comments from the neighbors. Landgraver asked if any of the neighbors have asked to see the plat. Stickney indicated they have not but they do know what is being proposed. Schwingler commented the application is pretty straight forward. Acting Chair Landgraver opened the public hearing at 7:33 p.m. There were no public comments regarding this application. Page 11 of 26 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday, January 21, 2014 6:30 o'clock p.m. Acting Chair Landgraver closed the public hearing at 7:33 p.m. Schoenzeit commented it is an improvement over what was proposed the first time. Landgraver stated the one concern he has relates to the grading between the two houses that are adjoining Lot 2 and the down slope. Landgraver stated in his view it appears like a lot of soil is being moved, which would create an unnatural looking ravine on the south side. Stickney stated the person that owns that land is his client and that he is aware of what is being proposed and has seen all the plans. Stickney stated given the size of the lots, they do have some room to move everything, but that approving a plan like this gives the new property owner the ability to construct something without going through the whole process over again. Landgraver asked where the lakeshore setback on the north side is located. Curtis pointed out the average lakeshore setback line. Curtis stated the line is based on the lot as it exists today. Stickney noted the property to the north is currently for sale. Landgraver stated if the properties have separate owners, there might be some variations in the grading plan and it could result in a grading plan that is not as symmetrical and smooth. Stickney stated there are no plans at this time to build on either lot but there may be plans down the road. Stickney stated if the average lakeshore setback line is changed, Lot 2 would have to change accordingly. Lemke commented that would likely be the worst case scenario given the size of the lots. Curtis noted the City Engineer suggested there be independent grading plans in case there are two different property owners. Landgraver asked what the next step would be in the application process. Curtis stated the application would go to the City Council at one of their February meetings with a preliminary plat resolution drafted for their review and potential approval. Lemke moved, McGrann seconded, to recommend approval of Application No. 14-3646, George Stickney on behalf of DNA Properties, LLC, 1535 Bohns Point Road, granting of preliminary plat approval, subject to City Engineer and Staff recommendations. VOTE: Ayes 6, Nays 0. McGrann asked if there is a setback from the lagoon. Curtis stated there is a lakeshore setback and noted the average lakeshore setback line is ahead of that. Page 12 of 26 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, February 10, 2014 7:00 o'clock p.m. Council Exhibit G (7. #13-3644 CITY OF ORONO-ZONING CODE AMENDMENT-MINIMUM DWELLING SIZE STANDARDS -ORDINANCE TABLED, Continued) McMillan stated the cities listed in Staffs report may have smaller lots and more opportunity for a smaller house to be constructed. McMillan stated one option is to table it tonight and perhaps discuss it at some point in the future. Gaffron stated he will attempt to gather additional information from the lake communities around Lake Minnetonka and asked whether there is any specific information the Council is looking for. McMillan stated above or below grade should perhaps be looked at when counting the square footage and that she also would like to keep the ordinance simple rather than having a number of different dimensions. Levang stated if the Council knows what they want to avoid, perhaps the ordinance should focus on that. Levang stated the Council is trying to avoid a house that does not fit in with the neighborhood and is too small functionally as well. McMillan stated her biggest concern is someone constructing a very small house simply to allow them a dock. Gaffron stated in his view the discussion of the Planning Commission took a lot of that into account and the draft ordinance is where they ended up with the issue. Bremer commented it might come down to a philosophical discussion. Printup stated any future developments in the City perhaps should also be taken into consideration. Levang asked if the City Council could bring this back when they feel it is appropriate or whether they should vote on it now. McMillan stated she would prefer to table it. have not been finalized. has other draft ordinances that *8. #13-3646 GEORGE STICKNEY O/B/O DNA PROPERTIES, LLC, 1535 BOHNS POINT ROAD -PRELIMINARY PLAT-RESOLUTION NO. 6365 Levang moved, Printup seconded, to adopt RESOLUTION NO. 6365, a Resolution Approving the Preliminary Plat for Property Located at 1535 Bohns Point Road. VOTE: Ayes 4, Nays 0. Page 14 of 30 ----------------- LAND USE APPLICATION ESCROW AGREEMENT Application #14-3646 & 1:/-?(/SC, AGREEMENT made this j L.\i-day of Cr re, L , 2014, ,by and between the CITY OF ORONO, a Minnesota municipal corporation ("City") and ' 'r-o ;.f; ~s L, L. ( [a corporation -optiona~ ("Owners"). Recitals 1. Owners have filed Zoning Application #14-3646 & l~ormally requesting the City to review plans for preliminary and final plat of the property addressed: 1535 Sohns Point Rd (the "Subject Property") legally described as Lot 1 , Block 1 , Beth & Bridget, EXCEPT that part of said Lot 1 which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, Hennepin County, Minnesota. 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $2500.00 with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners 1 lrviewir:i_!;l the plans, and preparing agenda packet material for City Council review of Application #14-3646 & u u -&¢6111 . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when the review has been completed. Its: ______________ _ ~. .~ .. ~ . ' . . Stickney, George W · From:•· Sent: To:. Subject: · . . · -~ •·, ·~ ··· Matthew Jones <matt@mhjoneslaw.com> Monday, December 30, 2013 2:23 PM ·stickney, George W;'Allan Jones Re: Bohn's Point Beth & Bridgett easement removals!.· Attachments:·._.-· · Halloran ·-Bohns Point-Termination of Restated Declaration and Declaration.docx George, Attached is the Termination document that has been agreed to by the Hallorans ; Their only issue is that they do not want this recorded prior to the platting and closing, but instead contemporaneously with the platting and closing. _________ _ ________________ ------- 1 don't see that as an issue with the City, I believe they just want to make sure that when this is complete the Declaration will be terminated. If you have any questions, let me know. Thanks, Matt On Mon, Dec 30, 2013 at 12:28 PM, Matthew Jones <matt@mhjoneslaw.com> wrote: Yes! All of the restrictions, etc are terminated I put an additional provision that to the extent that the original declaration was not termf11ated by the restatem~nt anything remaining is terminated. On Mon, Dec 30, 2013 at 12:02 PM, Stickney, George W <gstickney@cbbumet.com> wrote: Does this remove the easements & restrictions of both the original Beth & Bridget Agreement & the revised for all times! George S~nt from my iPhone On Dec 30, 2013, at 8:53 AM, Matthew Jones <matt@mhjoneslaw.com> wrote: I George, Attached is the draft of the Termination of the Restatement of the Beth and Bridget Condtions, etc. I will let you know once I get the final version, which will only include non-substantive changes. Let me know if the City of Orono requests any additional changes. I have a view easement agreement that I am drafting as well. I forwarded your option to Lica, but have not heard back from her yet. Once we get general agreement on the view easement we can get Mark Gronberg to prepare a legal description for the easement. RECEIVED MAR 17 2014 1 #365 crTY OF ORONO Stickney, George W From: Sent: To: Cc: Subject: Bullock, Shelly (TRG) <Shelly.Bullock@BurnetTitle.com> Thursday, February 13, 2014 10:54 AM Stickney, George W (CB Sales) Ural, Tanya S (TRG); Burt, Jillian (TRG) Bohns Hi George -I had made further requests to my examiner and I made headway-This is what they said: it will be okay to delete the prior declaration once we receive the original executed document for recording. I issued a new supplemental commitment to add the note to sch. B-2. Also, please note: I listed a couple of things that need to be corrected (below), and also noticed another correction to be made: in the 4th paragraph on page 1 it should read : "The Kathleen A. Halloran Living Trust created u/a dated April 11, 1997, as amended and restated" (hereinafter Halloran Trust) ... Hope this helps! Thanks, Shelly Shelly BuUock Cl'osh19 Account l:xetutive I Sh~lty ;81,11lodt~6UrMt''f1t'lt.c.-om su~t, Waytata, MM I \vWW;f:lon~iTidt,,otrI This electronic mail message transmission contains information which may be Confidential and/or Privileged. The information is intended to be for the sole use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this transmission is strictly prohibited. If you have received this electronic mail transmission in error, please notify the sender immediately. 1 #36 RECEIVED MAR 17 2014 cm OF ORONO 1. Effective Date: November 26, 2013 Effective Time: 7:00 A.M. 2. Policy or Policies to be issued: ALT A 2006 Owner's Policy Proposed Insured: MAP Holdings LLC ALT A 2006 Loan Policy Proposed Insured: NA Supplemental #1 Schedule A Underwriter: Old Republic National Title Insurance Company by Agent, Burnet Title Our No. 13-21237 Production No. 507505 Amount: $ 2,750,000.00 subject to deductibles and maximums in the policy, if applicable Amount: $ Loan No., if any: 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said Land is at the effective date hereof vested in: DNA Properties, LLC, a Minnesota Limited Liability Company 5. The Land referred to in this Commitment is described as follows: See Exhibit A attached hereto Legal description is subject to forthcoming lot split. This file cannot close until the survey has been provided to Burnet Title and a Supplemental Commitment has been completed. Records of Hennepin County, MN. Abstract Property. Property Address: X Bohns Point Road Orono, MN 55391 (rev. 1/10) RECEIVED MAR 17 2014 CITY OF ORONO #36 JJP Schedule B-Section 1 No. 13-21237 REQUIREMENTS Schedule B of the policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. THIS SUPPLEMENTAL COMMITMENT NO. 1 SUPERSEDES AND REPLACES ANY PREVIOUS TITLE COMMITMENT, SUPPLEMENTAL TITLE COMMITMENT AND/OR ENDORSEMENT ISSUED BY BURNET TITLE UNDER FILE NO.13-21237. 1. All documents executed outside of Burnet Title's Offices will be subject to review, audit, validation, and possible further requirements as deemed necessary by Burnet Title. We require a Burnet Title Notary Certification Form together with a photocopy of the personal identification to be presented at the closing for review and audit. Any documents without a Burnet Title Notary Certification Form and a copy of Identification must be submitted for review and audit at least 2 days prior to closing. Documents may be rejected if Burnet Title is unable to validate the document's authenticity. The Burnet Title Notary Certification form is available at www.burnettitle.com. 2. We require a written notification: • If there is any change in the name of the proposed insured or the buyers/ borrowers; or • If there is a change of name for the Grantor, Seller and or the number of Grantors or Sellers; or • If there is any other individual(s) receiving funds from closing who does not have a recorded interest; or • If any unrecorded mortgages or liens not shown on the commitment exist or may exist. • If there is anyone not referred to in this Commitment who has or will receive an interest in the property; or We may then make additional requirements or exceptions, or require additional names searches for the same or as required by federal law pursuant to the Patriot Act search requirements. 3. Burnet Title requires the Purchase Agreement including the Seller's Property Disclosure Statement to be reviewed by the Burnet Title Closer and Examiner prior to closing. We reserve the right to raise further requirements and/or exceptions based upon Closers review of above document. 4. FOR INFORMATIONAL PURPOSES: The following fee transfers appear of record with the County Recorder in the past 24 months: NONE The fee owner, under Schedule A, Item 4 acquired title by Limited Warranty Deed, filed May 19, 2010, as Document No. A9514237. Note to Closer: The above closing on the property appears to have been done by Liberty Title, Inc. 5. We require that a copy of the Member Control/Operational Agreement of DNA Properties, LLC, a Minnesota Limited Liability Company, a Limited Liability Company, be provided to the undersigned examiner prior to closing, for review and possible further requirements. 6. Warranty Deed from DNA Properties, LLC, a Minnesota Limited Liability Company to MAP Holdings LLC. 7. NOTE: Public records indicate no open mortgage. Please verify no liens or mortgages are to be paid at closing. 8. This Commitment cannot close until this requirement is deleted. The following items must be filed with the County Recorder and verified by Burnet Title: 1. Plat of To Be Determined. (rev. 1/10) RECEIVED MAR 17 2014 _Ci:'FY OF ORONO Please provide to Burnet Title the recording information to allow verification prior to closing of the successful filing of the plat and city resolution of approval. Note: the legal description listed at Schedule A number 5 contains more land than is being sold according to the purchase agreement. 9. The application/inspection disclosed the premises to be vacant land. Burnet Title reserves the right to make further inspections and additional requirements and/or exceptions based upon those inspections. NOTE: Standard Exceptions shown on Schedule B-Section 2 will appear on any policy issued. 10. The Owner's Policy will contain the following exceptions: This Policy is being issued for the value of the vacant land only, and the liability hereunder is hereby limited to the face amount of the policy. Rights or claims or parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 11. This Commitment is provided through our examination of the public records. Burnet Title is not in possession of the Abstract of Title. The Purchase Agreement must be reviewed to determine the intent of the parties regarding title evidence and associated charges. 12. Recording Gap Coverage disclosed in Schedule B-2 of this commitment and Insured Closing Protection coverage provided by any Insured Closing Letter will not be provided to any insured unless Burnet Title provides the closing, recording and escrow disbursing services. None of the Insurance Requirements disclosed in Schedule B-I and the Standard Exceptions disclosed in Schedule B-2 shall be removed from the final policy except by written authorization from a Burnet Title Closer or Examiner. 13. A name search was neither ordered nor provided on the buyer. If one is needed, please call the undersigned examiner or customer service at (952) 886-6769. There will be an additional fee charged for this. 14. This commitment is for the exclusive use of Burnet Title in closing the transaction described herein. Anyone relying upon or closing off of this commitment for any purpose without written authorization from Burnet Title shall be liable to Burnet Title for any and all loss, damage and any unpaid fees for services and products disclosed on the invoice issued with this commitment. If this commitment is cancelled and the transaction closes, the Title Search and Exam Service Fee and Buyer Closing Service Fee will be collected at closing. The Buyer(s) will be required to execute a cancellation notification form. 15. Real estate taxes payable in 2013 in the amount of $56,558.30 are paid in full. (Base Tax $56,558.30.) Tax Identification No. 08117 23 44 0023. NOTE: Real estate taxes for 2012 and prior years are paid. Tax records indicate the current year's taxes are homestead. No representation is made regarding subsequent years' taxes. Informational Note: Real estate taxes are due May 15 and October 15 annually. 16. The legal description shown in Schedule A, No. 5 hereof will constitute a tax parcel split. Subdivision approval from the appropriate municipal authorities is required prior to closing. (rev. 1/10) RECEIVED, MAR 17 2014 CITY OF ORONO 6 NOTE: Minnesota Statute requires the payment in full of all taxes and special assessments for the parcel being split. If there are any pending assessments to be escrowed, please call the undersigned examiner. NOTE: The closer must make inquiries at the applicable municipality regarding any fees charged for said lot approval. 17. Taxes and/or assessments due and payable in the year 2013 are currently assessed on the property identification number(s) which cover the legal description(s) underlying the new plat or newly divided parcel. No new property identification number(s) are yet available for the individual units, parcels or lots. 18. There are no levied or pending assessments of record as of December 12, 2013. 19. We require photo identification from all parties signing any documents in this transaction. Also required are the Company's Compliance and Indemnity Agreement and Affidavits in a form acceptable to the Company indicating no judgments, liens, bankruptcies, etc. If sellers proceeds are requested to be wired contact your Burnet Title closer for additional documentation requirements. A completed Well Disclosure Certificate must accompany each deed or conveyance which is to be recorded; or, the deed must certify that there are no wells on the property; or the status of the well has not changed. For well certificate purposes, the property is located in the SE ¼ of the SE ¼ of Section 08, Township 117, Range 23. If there are any questions concerning this Commitment, please contract our Customer Service Coordinator Michelle Tiede at 952-886-6769 direct, 952-844-0223 fax or e-mail Michelle.Tiede@burnettitle.com. This Commitment was prepared by Janice Patrick at 952-703-8618 fax, or email Janice.Patrick@burnettitle.com. (rev. 1/10) RECEIVED MAR 17 2014 ~CITY OF ORONO 6 Schedule B-Section 2 No. 13-21237 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company (all clauses, if any, which indicate any preference, limitation or discrimination based on race, color, religion, national origin or other protected category are omitted from all building and use restrictions, covenants and conditions, if any, shown herein): A. GAP COVERAGE: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: This exception will be removed from all AL TA policies issued by Burnet Title, if Burnet Title provides insured closing services and the Company requirements as they pertain to "Gap Coverage" have been complied with. B. STANDARD EXCEPTIONS: The following Standard Exceptions will remain on all policies issued unless eliminated in whole or in part by Section B-1 or by Endorsement after the Company has completed a risk assessment which may include a lien audit, property inspection, plat drawing, or other documentation. There will be an additional service fee for any risk assessment requested. 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment; encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Any Lien, or rights to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. C. SPECIAL EXCEPTIONS: 1. Any other matter including pending assessments, if any, which would be insured by the owner's title policy but was either assumed or accepted by the Buyer(s) in the deed to the Buyer(s), the Purchase Agreement; or which the Buyer(s) was aware of and did not disclose to Burnet Title in writing prior to closing. 2. Assessments and charges, for utility, water, sewer fees or diseased tree removal, levied by the local municipality, to the extent that the fees were incurred prior to the date of closing and were not incurred by the party to be insured. This exception may be removed on residential transactions if Burnet Title closes the transaction and receives satisfactory disclosures and assurances. 3. Easements for utility and drainage purposes, as shown on the recorded plat. 4. Covenants, conditions, restrictions and provisions as set forth in Document No. 5266530, which does not contain a forfeiture or reversionary clause. (Any restrictions based on race, religion, gender or place of national origin are unenforceable.) 5. Rights of the public, the State of Minnesota and of the U.S. Government to use that part of the premises which lies below the high water mark or U.S. Government Harbor line of Lake Minnetonka. Rights, if any, of any riparian owners and of the public to use the surface, sub-surface, and bed of Lake Minnetonka, and any adverse claims based on the assertion that the bed of Lake Minnetonka has changed. 6. Riparian rights are neither guaranteed nor insured herein. 7. Resolution Document No. 5145572, 5206726 and 5307193. 8. Terms and conditions of Permits recorded as Document Nos. 4814241 and 5133879. 9. Subject to the lagoon and all incidental rights thereto. RECEIVED MAR 17 2014 .CITY OF ORONO 10. Easement for utility and drainage purposes, as shown in Document No. 5266530. 11. Easement for driveway purposes, as shown in Document No. 5266530. 12. Easement for drainage and utility purposes as shown in Document No. 8570256. 13. Covenants, conditions, restrictions, easements and provisions as set forth in Document No. 8570258, which does not contain a forfeiture or reversionary clause. (Any restrictions based on race, religion, gender or place of national origin are unenforceable.) 14. Terms and conditions of resolution approving lot line rearrangement, filed April 25, 2005, as Document No. 8570254. 15. Terms and conditions of resolution approving a preliminary plat, filed June 18, 2010, as Document No. 9527083. 16. The Owner's Policy will contain the following exceptions: This Policy is being issued for the value of the vacant land only, and the liability hereunder is hereby limited to the face amount of the policy. Rights or claims or parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 17. Subject to judgments, tax liens, bankruptcies, and creditors, if any, against the insured. Terms and conditions of Termination of the restatement of the Beth and Bridget Declaration of Covenants, conditions, restrictions, reservations and easements, dated < ->, filed < ->, as Document No. < ->. RECEIVED MAR 1 7 20f.fge 2 of 2 CITY OF ORONO ----- ,lu 3 65 EXHIBIT"A" Legal Description File No. 13-21237 Lot 1, Block 1, Beth and Bridget, Except that part thereof which lies southerly of a line drawn on a bearing of South 73 degrees 02 minutes 33 seconds West from the angle point in the Southerly line of said Lot 1, assuming a bearing basis of South 67 degrees 20 minutes West for the Westerly segment of said Southerly line of Lot 1, Hennepin County, Minnesota. RECEIVED MAR 17 2014 CITY OF ORONO 6 1. Effective Date: November 26, 2013 Effective Time: 7:00 AM. 2. Policy or Policies to be issued: ALT A 2006 Owner's Policy Proposed Insured: MAP Holdings LLC ALT A 2006 Loan Policy Proposed Insured: NA Supplemental #2 Schedule A Underwriter: Old Republic National Title Insurance Company by Agent, Burnet Title Our No. 13-21237 Production No. 507505 Amount: $2,750,000.00 subject to deductibles and maximums in the policy, if applicable Amount: $ Loan No., if any: 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said Land is at the effective date hereof vested in: DNA Properties, LLC, a Minnesota Limited Liability Company 5. The Land referred to in this Commitment is described as follows: See Exhibit A attached hereto Legal description is subject to forthcoming lot split. This file cannot close until the survey has been provided to Burnet Title and a Supplemental Commitment has been completed. Records of Hennepin County, MN. Abstract Property. Property Address: X Bohns Point Road Orono, MN 55391 (rev. 1/10) RECEIVED MAR 17 2014 CITY OF ORONO 6 JJP Schedule 8-Section 1 No. 13-21237 REQUIREMENTS Schedule B of the policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. THIS SUPPLEMENTAL COMMITMENT NO. 2 SUPERSEDES AND REPLACES ANY PREVIOUS TITLE COMMITMENT, SUPPLEMENTAL TITLE COMMITMENT AND/OR ENDORSEMENT ISSUED BY BURNET TITLE UNDER FILE NO.13-21237. 1. All documents executed outside of Burnet Title's Offices will be subject to review, audit, validation, and possible further requirements as deemed necessary by Burnet Title. We require a Burnet Title Notary Certification Form together with a photocopy of the personal identification to be presented at the closing for review and audit. Any documents without a Burnet Title Notary Certification Form and a copy of Identification must be submitted for review and audit at least 2 days prior to closing. Documents may be rejected if Burnet Title is unable to validate the document's authenticity. The Burnet Title Notary Certification form is available at www.burnettitle.com. 2. We require a written notification: • If there is any change in the name of the proposed insured or the buyers/ borrowers; or • If there is a change of name for the Grantor, Seller and or the number of Grantors or Sellers; or • lfthere is any other individual(s) receiving funds from closing who does not have a recorded interest; or • If any unrecorded mortgages or liens not shown on the commitment exist or may exist. • If there is anyone not referred to in this Commitment who has or will receive an interest in the property; or We may then make additional requirements or exceptions, or require additional names searches for the same or as required by federal law pursuant to the Patriot Act search requirements. 3. Burnet Title requires the Purchase Agreement including the Seller's Property Disclosure Statement to be reviewed by the Burnet Title Closer and Examiner prior to closing. We reserve the right to raise further requirements and/or exceptions based upon Closers review of above document. 4. FOR INFORMATIONAL PURPOSES: The following fee transfers appear of record with the County Recorder in the past 24 months: NONE The fee owner, under Schedule A, Item 4 acquired title by Limited Warranty Deed, filed May 19, 2010, as Document No. A9514237. Note to Closer: The above closing on the property appears to have been done by Liberty Title, Inc. 5. We require that a copy of the Member Control/Operational Agreement of DNA Properties, LLC, a Minnesota Limited Liability Company, a Limited Liability Company, be provided to the undersigned examiner prior to closing, for review and possible further requirements. 6. Warranty Deed from DNA Properties, LLC, a Minnesota Limited Liability Company to MAP Holdings LLC. 7. NOTE: Public records indicate no open mortgage. Please verify no liens or mortgages are to be paid at closing. 8. This Commitment cannot close until this requirement is deleted. The following items must be filed with the County Recorder and verified by Burnet Title: 1. Plat of To Be Determined. (rev. 1/10) RECEIVED MAR 17 2014 CITY OF ORONO 36 Please provide to Burnet Title the recording information to allow verification prior to closing of the successful filing of the plat and city resolution of approval. Note: the legal description listed at Schedule A number 5 contains more land than is being sold according to the purchase agreement. 9. The application/inspection disclosed the premises to be vacant land. Burnet Title reserves the right to make further inspections and additional requirements and/or exceptions based upon those inspections. NOTE: Standard Exceptions shown on Schedule B-Section 2 will appear on any policy issued. 10. The Owner's Policy will contain the following exceptions: This Policy is being issued for the value of the vacant land only, and the liability hereunder is hereby limited to the face amount of the policy. Rights or claims or parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 11. This Commitment is provided through our examination of the public records. Burnet Title is not in possession of the Abstract of Title. The Purchase Agreement must be reviewed to determine the intent of the parties regarding title evidence and associated charges. 12. Recording Gap Coverage disclosed in Schedule B-2 of this commitment and Insured Closing Protection coverage provided by any Insured Closing Letter will not be provided to any insured unless Burnet Title provides the closing, recording and escrow disbursing services. None of the Insurance Requirements disclosed in Schedule B-I and the Standard Exceptions disclosed in Schedule B-2 shall be removed from the final policy except by written authorization from a Burnet Title Closer or Examiner. 13. A name search was neither ordered nor provided on the buyer. If one is needed, please call the undersigned examiner or customer service at (952) 886-6769. There will be an additional fee charged for this. 14. This commitment is for the exclusive use of Burnet Title in closing the transaction described herein. Anyone relying upon or closing off of this commitment for any purpose without written authorization from Burnet Title shall be liable to Burnet Title for any and all loss, damage and any unpaid fees for services and products disclosed on the invoice issued with this commitment. If this commitment is cancelled and the transaction closes, the Title Search and Exam Service Fee and Buyer Closing Service Fee will be collected at closing. The Buyer(s) will be required to execute a cancellation notification form. 15. Real estate taxes payable in 2013 in the amount of $56,558.30 are paid in full. (Base Tax $56,558.30.) Tax Identification No. 08 117 23 44 0023. NOTE: Real estate taxes for 2012 and prior years are paid. Tax records indicate the current year's taxes are homestead. No representation is made regarding subsequent years' taxes. Informational Note: Real estate taxes are due May 15 and October 15 annually. 16. The legal description shown in Schedule A, No. 5 hereof will constitute a tax parcel split. Subdivision approval from the appropriate municipal authorities is required prior to closing. (rev. 1/10) RECEIVED MAR 17 2014 CITY OF ORONO NOTE: Minnesota Statute requires the payment in full of all taxes and special assessments for the parcel being split. If there are any pending assessments to be escrowed, please call the undersigned examiner. NOTE: The closer must make inquiries at the applicable municipality regarding any fees charged for said lot approval. 17. Taxes and/or assessments due and payable in the year 2013 are currently assessed on the property identification number(s) which cover the legal description(s) underlying the new plat or newly divided parcel. No new property identification number(s) are yet available for the individual units, parcels or lots. 18. There are no levied or pending assessments of record as of December 12, 2013. 19. We require photo identification from all parties signing any documents in this transaction. Also required are the Company's Compliance and Indemnity Agreement and Affidavits in a form acceptable to the Company indicating no judgments, liens, bankruptcies, etc. If sellers proceeds are requested to be wired contact your Burnet Title closer for additional documentation requirements. A completed Well Disclosure Certificate must accompany each deed or conveyance which is to be recorded; or, the deed must certify that there are no wells on the property; or the status of the well has not changed. For well certificate purposes, the property is located in the SE ¼ of the SE¼ of Section 08, Township 117, Range 23. If there are any questions concerning this Commitment, please contract our Customer Service Coordinator Michelle Tiede at 952-886-6769 direct, 952-844-0223 fax or e-mail Michelle.Tiede@burnettitle.com. This Commitment was prepared by Janice Patrick at 952-703-8618 fax, or email Janice.Patrick@burnettitle.com. (rev. 1/10) RECEIVED MAR 17 2014 CITY OF ORONO 36 Schedule B-Section 2 No. 13-21237 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company (all clauses, if any, which indicate any preference, limitation or discrimination based on race, color, religion, national origin or other protected category are omitted from all building and use restrictions, covenants and conditions, if any, shown herein): A. GAP COVERAGE: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: This exception will be removed from all ALT A policies issued by Burnet Title, if Burnet Title provides insured closing services and the Company requirements as they pertain to "Gap Coverage" have been complied with. B. STANDARD EXCEPTIONS: The following Standard Exceptions will remain on all policies issued unless eliminated in whole or in part by Section B-1 or by Endorsement after the Company has completed a risk assessment which may include a lien audit, property inspection, plat drawing, or other documentation. There will be an additional service fee for any risk assessment requested. 1. Rights or claims of parties in possession not shown by the public records. 2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 3. Any Lien, or rights to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. C. SPECIAL EXCEPTIONS: 1. Any other matter including pending assessments, if any, which would be insured by the owner's title policy but was either assumed or accepted by the Buyer(s) in the deed to the Buyer(s}, the Purchase Agreement; or which the Buyer( s) was aware of and did not disclose to Burnet Title in writing prior to closing. 2. Assessments and charges, for utility, water, sewer fees or diseased tree removal, levied by the local municipality, to the extent that the fees were incurred prior to the date of closing and were not incurred by the party to be insured. This exception may be removed on residential transactions if Burnet Title closes the transaction and receives satisfactory disclosures and assurances. 3. Easements for utility and drainage purposes, as shown on the recorded plat. 4. Covenants, conditions, restrictions and provisions as set forth in Document No. 5266530, which does not contain a forfeiture or reversionary clause. (Any restrictions based on race, religion, gender or place of national origin are unenforceable.) 5. Rights of the public, the State of Minnesota and of the U.S. Government to use that part of the premises which lies below the high water mark or U.S. Government Harbor line of Lake Minnetonka. Rights, if any, of any riparian owners and of the public to use the surface, sub-surface, and bed of Lake Minnetonka, and any adverse claims based on the assertion that the bed of Lake Minnetonka has changed. 6. Riparian rights are neither guaranteed nor insured herein. 7. Resolution Document No. 5145572, 5206726 and 5307193. 8. Terms and conditions of Permits recorded as Document Nos. 4814241 and 5133879. 9. Subject to the lagoon and all incidental rights thereto. RECEIVED MAR 17 2014 CITY OF ORONO 36 10. Easement for utility and drainage purposes, as shown in Document No. 5266530. 11. Easement for driveway purposes, as shown in Document No. 5266530. 12. Easement for drainage and utility purposes as shown in Document No. 8570256. 13. Covenants, conditions, restrictions, easements and provisions as set forth in Document No. 8570258, which does not contain a forfeiture or reversionary clause. (Any restrictions based on race, religion, gender or place of national origin are unenforceable.) 14. Terms and conditions of resolution approving lot line rearrangement, filed April 25, 2005, as Document No. 8570254. 15. Terms and conditions of resolution approving a preliminary plat, filed June 18, 2010, as Document No. 9527083. 16. The Owner's Policy will contain the following exceptions: This Policy is being issued for the value of the vacant land only, and the liability hereunder is hereby limited to the face amount of the policy. Rights or claims or parties in possession not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 17. Subject to judgments, tax liens, bankruptcies, and creditors, if any, against the insured. 18. Terms and conditions of Termination of the restatement of the Beth and Bridget Declaration of Covenants, conditions, restrictions, reservations and easements, dated < • >, filed < • >, as Document No. < • >. 19. Note: Company will endorse this commitment to remove the following item(s) 4, 10, 11 and 13, of Schedule B - Section 2 at such time that the Company has received the above stated executed document for recording. Page2 of2 RECEIVED l"IAR 17 2014 CITY OF ORONO 36