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HomeMy WebLinkAbout#4456 - permitting dockQ o o , C ITY of ORONO I' d- ' J G' RESOLUTION OF THE CITY COUNCIL kES NO. " " A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT-OF-WAY BETWEEN LOTS 38 AND 39 MORSE ISLAND PARK BIG ISLAND FILE #2 49 WHEREAS, the City of Orono has received a request by David Lovelace (the applicant")for a private dock on platted unimproved right-of way located between Lots 38 and 39, iVlorse Island Park on Big Island to serve as access to inland property located at 220 BiQ Island(also known as Big Island Record Lot#8) and legally described as follows: Exhibit A attached); Also described as: PINS #23-1 17-23 23 0028 hereinafter "the property"); and WHEREAS,Section 10.31,Subdivision 5 of the Orono Zoning Code allows owners of inland properties to request approval of a permit for the installation of a pri ate dock on unimproved platted right-of-way on Big Island to serve as access for said inland properties; and WHEREAS,the City Council is authorized to approve, deny or place restrictions on such permit based upon public health, safety and welfaze considerations. NOW,THEREFORE BE IT RESOLVED that a private seasonal dock is permitted on platted unimproved right-of-way located between Lots 38 and 39,Morse Island Park to serve the property, with the following conditions: 1.Length of installed dock extended from the shoreline shall not exceed 100'. 2.Setback from the extended right-of-way boundary lines: a. 0-50' from shoreline: 10' minimum b. 0-100' from shoreline: 15' minimum c. Final location subject to approval of Public Services Director. Dock sections not to exceed 6' in width. 4.One boat slip only, allowed for applicant's use only. Page 1 of 3 1 Y' \ 0 s _ CITY of ORONO RESOLUTION OF THE CITY COUNCILG~ SH ruo. . , :.. 5.A lateral dock section at the shoreline may be installed to facilitate pedestrian access over/around the existing ice rid e at the shoreline. 6.The owner of the adjacent inland lot at 130 Big Island (Record Lot #10) may also share in the use of said dock(one boat slip only for 130 Big Island) as long as such use is acceptable to the applicant. At such future time that the o,ner of 130 Big Island requests that the City Council approve a separate dock to serve said 130 Big Island independently from the dock serving 220 Big Island,it is the intent of this City Council to allo v a second dock at this same location betw-een said Lots 38 and 39 to serve 130 Big Island. 7.No dock canopy shall be erected over said dock. The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City hannless forever from any and all claims resultinQ from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock «-hile this permit is in force. Should there be any other requests from inland property o ners to use this site for the installation of a dock to serve their properties,this permit is subject to revie«-and or revocation at the discretion of the City Council. Further, this permit may be revoked b5' thz City any time for any reason in the future upon review and revocation by the Orono City Council. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. The applicant agrees to remove all structures within 30 days of permit revocation or termination and if no removal occurs, agrees to an assessment of the costs of rzmoval aDainst the property. This permit runs with the property,not with the owner, subject to all conditions and restrictions noted herein. The undersigned applicant has read,understood and hereb a rees to the terms of this resolution and on behalf of himself,his heirs,successors and assians,hereby-a rzes to the recording of this resolution in the chain of title of the property. PaQe 2 of 3 O O O s, - C ITY of ORONO rti G' RESOLUTION OF THE CITY COUNCIL 5—H N0. [ f;;. `": ': Adopted by the Orono City Council on this 24th day of April, 2000. ATTEST: 4 - / Li a S. ee, City Clerk Gabn ,1 Jabbour, Mayor Pr Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of April, 2000, by Gabriel Jabbour& Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciri-. i".e:.:;._.:....',a- CAROLE A. k,'' i Cr taN N07.RY PIfgLIC-MINNcSOTqQa„ Comm'usion Expires Jan.31,ypp5 Notary Public eti STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _"day of 2000 before me a Notary Public within and for said county,personally appeared ; r /R; - kno vn to me to be the person(s) described in andwho executed the foregoing instrument, and ackno vledged that he(they) executed the same as his (their) free act and deed. ti CAROLE A. HAS MAN nt NOTARY PUBUC-MINNESOTA N Y PUBLICMS'Cornm ssion ExPires Jan.31,Z005 Page 3 of 3 RESOLUTION #4456 EXHIBIT A LEGAL DESCRIPTION That part of Lot B, Morse Island Park, Hennepin County, Minnesota, lying south of a line running from a point on the west line thereof a distance of 554 feet south of the northwest corner thereof, to the northwest corner of Lot 38, Morse Island Park i