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HomeMy WebLinkAboutResolution 4456r O_ I O O b. C ITY of ORONO G' RESOLUTION OF THE CITY COUNCIL L SH Sc' NO. 3 4.:;. A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT—OF—WAY BETWEEN LOTS 38 AND 39 MORSE ISLAND PARK BIG ISLAND Metro Leg i '_ `FILE #2 49 Box 4' 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, Morse Island Park on Big Island to serve as access to inland property located at 220 Bia lsland(also known as Big Island Record Lot#8) and legally described as follows: y E chibit 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 welfare considerations. NOW,THEREFORE BE IT RESOLVED that a private seasonal dock is pernutted 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. 3.Dock sections not to exceed 6' in width. 4.One boat slip only, allowed for applicant's use only. Page 1 of 3 0,. O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL l v SHo4 ruo. _,. 6, 5.A lateral dock section at the shoreline may be installed to facilitate pedestrian access over/around the existing ice ridge 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 owner 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 allow a second dock at this same location between 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 harmless forever from any and all claims resultina 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 owners to use this site for the installation of a dock to serve their properties,this permit is subject to revie t-and or revocation at the discretion of the City Council. Further,this permit may be revoked by the 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 removal against 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 hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrzes to the recording of this resolution in the chain of title of the property. Page 2 of 3 O,. O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCII kE H 4' G N O. t; S Adopted by the Orono City Council on this 24th day of April, 2000. ATTEST: G Li a S. V 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 Cit. 1CAROLEk. t-f:5EI IN il ir e /. .-t,.J NOTARY PU9UC-MiNNESpTqaA'tm i`sion Expires Jan.3 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this '"day of t. 2000 before me a Notary Public within and for said county,personally appeared /-I,: d n-/Y,,.nn r r:c known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. CAROLE A.tiqSEM,qNNOTARYP/g_M N TA N y pUBLIC aess Jan.31,2pp5 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 RESOLUTION# 4456 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on April 24, 2000 and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 24th day of July 2000. C u - .- Linda S. Vee, City Clerk SEAL) r ..J t.. s CFFICE Gt CCU'TY KECOP.GER HENNCPIIS CDUNTY.MINNE50TA CERTiF1E FILf011N0 OR R:CuR'-1 J C' ao auc -s a s 46 3348 9 C0.REC.t.us.'/ - 1..51— DEPUT Y puplicace Filin9 Ce rficate