HomeMy WebLinkAboutProject PacketCITY of ORONO
Todd Wilson
Hinshaw & Culbertson
Piper Jaffary Tower
Suite 3100
222 South Ninth Street
Minneapolis, MN 55402
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
RE: Filing Documents for a metes and bounds subdivision
Dear Mr. Wilson:
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
I have included the following documents for review before recording the new legal descriptions for
the properties as noted within the final plat resolution. The documents included are as follows:
1. 1 original copy of the resolution approving the new metes and bounds subdivision.
2. 1 resolution extending the effective date of subdivision approval.
3. Title Opinion
4. Additional Title Information
Do not hesitate to contact me at (952) 249-4623 should you have any questions regarding the
documents and/or the recording of such documents.
Sincerely,
I / ' ,1 t-·{_/ ~ ~ -. £,i -\ ~t-'vl,r,-t'.✓l,~
Paul Weinberger
Zoning Administrator/Planner
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
?~ 754631.3
CITY of ORONO .; ~' ' t);
~< ~~ RESOLUTION OF THE CITY COUNCIL
'~ NO. 4681
A RESOLUTION GRANTING AN EXTENSION OF
APPROVAL FOR REARRANGEMENT
OF A COMMON PROPERTY LINE
FILE NO. 2615
WHEREAS, on October 9, 2000 the City Council of the City of Orono adopted
Resolution No, 4534 granting approval of a rearrangement of a common property line involving the
properties located at 879 Brown Road South; and
WHEREAS, the applicants have provided the revised legal descriptions for the new
property lines; and
WHEREAS, the effective period for subdivision approval requires extension prior
to recording the new property descriptions; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orono that the effective period of subdivision approval for DSR Investments, L.L.C. for property
located at 879 Brown Road North as originally approved per the conditions of Resolution No. 4534,
adopted on October 9, 2000 is hereby extended to February 27, 2002.
Metro Legal Services Inc.
Box491
Page 1 of 2
CITY of ORONO
Barbara A. Peterson, Mayor
ss.
The foregoing instrument was acknowledged before me on this 27th day of August, 2001, by Barbara
A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
RACHEL DODGE
NOTARY PUSUC. MINNE~OTA
My ComffliSSl0I\ Exp1reS Jan, 31, 2005
Page 2 of2
Notary Public
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION APPROVING A SUBDIVISION ·
OF A LOT LINE REARRANGEMENT FOR PROPERTY
LOCATED AT 879 BROWN ROAD NORTH
FILE NO. 2615
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted subdivision regulations for the orderly, economic and safe development of land within
the City; and
WHEREAS, the City Council has considered the application for a subdivision of
a lot line rearrangement by George Stickney on behalf of DSR Investments, L.L.C., Derek Read
and Shannon Read (hereinafter "the subdividers") of properties legally described as:
attached "Exhibit A" (hereinafter "the properties")
to be rearranged by transferring of properties new legal descriptions as:
attached "Exhibit B"
WHEREAS, After due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on September 18, 2000, at which time all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the subdividers have completed requirements of the City for a
subdivision to rearrange the property lines between the properties.
,VHEREAS, At their regular meeting held on October 9, 2000, the Orono City
Council considered the subdivision application of George Stickney on behalf of Derek Read and
Shannon Read, noting the following findings of fact:
1. The property is located within the RR-lB, Single Family Rural Residential District
requiring a minimum of 2 acres lot area. The existing lots are as follows:
Page 1 of 8
Parcel 1
Parcel 2
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 5 3 4
1.00 acre
4.45 acres
2.46 acres ( excluding wetlands and areas below
the OHWL of Dickey Lake)
2. The subdividers have proposed a lot line rearrangement creating two lots meeting
the following:
Lot Area: Parcel 1
Parcel 2
1.10 acre
4.35 acres
2.36 acres ( excluding wetlands and areas below
the OHWL of Dickey Lake)
3. The lots meet the intent of the Comprehensive Plan of the City of Orono by not
allowing additional building sites not meeting the permitted density. Parcel 2 would
remain over two acres as guided by the Comprehensive Plan and Municipal Zoning Code.
4. The request for a lot line rearrangement will not create additional lots.
5. Parcel 1 is developed as a residential property and Parcel 2 is a vacant property.
6. Parcel 2 extends into Dickey Lake, parcel 2 could be considered as a lakeshore
lot, meeting the 200' width requirement both at the shoreline and the at the 150'
setback for the Natural Environment Lake. Parcel 2 would be reduced from a 50'
lot width to 30' at its lot line abutting Brown Road .. Parcel 1 currently does not
meet the minimum 200' lot width at Brown Road North. Rearrangement of the
common property line would create a conforming lot width of 218' for Parcel 1.
7. Because the lot line rearrangement is not a subdivision a plat is not required.
Applying front/back lot standards would require a 30' corridor to Parcel 2 and 3. 00
acres. The lot has proposed a 30' driveway corridor and would result in a lot more
than 3.00 acres when adding the areas that are to be dedicated as drainage
easements to the dry buildable portion of the property.
8. Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and
a protected tributary located along the north property line of Parcel 1. Dickey's
Lake Creek has been identified as a protected waterway and requires a 75' setback
for structure and hardcover.
Page 2 of 8
CITY of ORONO
~ . ~ ~ A..J->'iil.gtKFr. f.,,
,!>~~ RESOLU:l~.N OF ;H; ;l~Y COUNCIL
9. A 300' shore land protection area has been established around protected tributaries.
The 300' would allow 0% hardcover within 75' of the high water level of the
creek, 25 % hardcover between 75-250' from the creek and 30% from 250-300'.
10. The existing house would not require variances for its location. The survey,
attached "Exhibit C", indicates the house does meet required setbacks. The new
property line allows the house to expand to the flat area northwest of the structure.
The property owner should be advised new construction would require variances
for lot area since the lot is under the two acre minimum lot size for the district.
11. Development of Parcel 2 would require the Council approving sewer connection
to the property. The proposed Comprehensive Plan would bring both Parcels into
the MUSA allowing for the provision of sewer service to the site. The City
Council has recently approved sewer connection for the developed property. The
lot had a septic system that was non-compliant and no alternate sites were available
due to the size of the lot and creek north of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono
hereby approves the lot line rearrangement of the above referenced property by the subdividers
as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin and
Gronberg, Inc., a registered Land Surveyor and Civil Engineer, dated September 6, 2000, attached
Exhibit "C", and grants a variance to Municipal Code Section 10.28, Subdivision 5 (B) to permit
Parcel 2 to be a "RECORD LOT" and are granted variances from the zoning chapter requirements
for lot width. The approval is subject to the following conditions:
1. Applicant shall dedicate drainage and utility easement 10' along exterior property
lines and 5' along interior property lines.
2. Applicant shall provide to the City any documentation relating to easements on both
properties.
3. 3 original surveys of the survey completed by a licensed surveyor in the State of
Minnesota shall be submitted, with signature blocks for final recording of the new
property line.
4. Drainage easement shall be recorded for the property below the 985.5' OHWL of
Dickey Lake and over City protected wetlands.
Page 3 of 8
1'' CITY of ORONO t .. '. t
,$>~ RESOLU:l~-N OF ~H; ~T; COUNCIL
5. A title opinion addressed to the City shall be submitted by the property owners,
and shall be in a format acceptable to the City Attorney.
6. Accessory buildings shall b.e relocated to conform with Zoning Standards prior to
recording the new legal descriptions of the property.
7. A variance shall be granted creating a "RECORD LOT" for Parcel 2.
8. The aforesaid division shown on the attached Certificate of Survey shall be filed by
the City of Orono with either the Hennepin County Recorder's Office or Registrar
of Titles Office on or before April 9, 2001 together with a certified original copy
of this resolution.
9. The City of Orono shall not issue a building permit for improvements to either of
the new parcels prior to recording the subdivision.
10. The approval granted by this resolution shall expire if the division has not been
filed by the date specified above. In that event, a new application shall be required
for the City of Orono review.
LEGAL DOCUMENTS required:
a) Title Opinions addressed to the City. All owners, mortgage holders or others with
property interest indicated therein shall sign the plat and all other documents affected by
such interest.
b) The subdivider must provide certified copies of all recorded easements currently
affecting the property.
c) Three Copies of Certificate of Survey for filing with Hennepin County.
d) Drainage and Utility Easements documents.
Page 4 of 8
ATTEST:
Lida S. Vee, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
-
RESOLUTION OF THE CITY COUNCIL
NO. A 5 8 4
The foregoing instrument was acknowledged before me on this 9th day of October, 2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
e HEIDI N. STURMAN
NOTARY PUBLIC· MINNESOTA
MJ Ccmmiulon Expires Jan. 31, 2005 Notary Public
Page 5 of 8
"Exhibit A"
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 ;;;·: ,_:, ·'" NO V ': :~J•
. •·:,.,,.
J
·'
Page 6 of 8 .
"Exhibit B"
CITY of ORONO·
ED LEGAL DESCRiPT_IB!SDLUTION OF THE CITY COUNCIL
1 4 a-• ~ .... ._: ,i:t NO. _ 10 ,,,, 4c
at part of the fu!lO\\~ng described pr:>perty:
The Soulh 248 fetr o•'ti1at part of the Southeast Quarter of the Soutl1west Quarter
of Se;;lion 27, To\~'nsh=p 118 North, Range 23 West of the 5th principal Meridian,
described as follows: Bcgi:ining at a point on the Ea.c.t line of said Southeast
Quarter of the S0uthw~st Quarter distant 354.75 feet North of the Southeast
comer of said Southeast Quarter of the Southwest Quarter; thence North along
said Eastline a distance of 635.25 feet; thence West parallel with the South line of
said Southeast Quarter of the Southwest Quarter a distance of 990 feet; thence
South parallel with said East line a distance of 63 5 .25 feet; thence East to the point
of beginning,
which lies north and northeasterly of the following descrih,:d li:1e: Beginning at a point on
the East line of said Southeast Quarter of the Southwe.~t Qua!·:.er dis~:int 384.76 feet No11h
of the Southeast comer of said Southeast Quarter of the Soutlnvest Quarter: thence West
parallel with the South line of said Southeast Quarter of the Southwest Quarter a distance
of 178.00 feet~ thence Northwesterly deflecting right 54 degrees 25 minutes 38 seconds to
the north line of the above described property and said line there ending.
Parcel 2
That part of the following desc(becl µropeny:
The Soulh 248 feet of that part of the Southeast Quarter of the Southwest Quarter
of Section 27, Tovmshi9 i 18 North, Range 23 West of the 5th principal Meridian,
described as follows: Beginning at a point on the East line of said Southeast ·
Quarter of the SGL,thwest Quarter distant 3 54. 75 feet North of the Southeast
comer of said Southeast Quarter of the Southwest Quarter; thence North along
said East line a distance of 635.25 feet; thence \Vest parallel with the South line of
said Southeast Quarter of the Southwest Quarter a distance of 990 feet; thence
South purallel with said East line a distance of 635.25 feet; thence East to the point
ofbeginuing,
which lies south and southwesterly of the following desc;-ibed line: Beginning at a point on
the East line of said Southeast Quant:r of the Southwest Quarter distant 384.76 feet North
of the Southeast corner of snid Southeast Quarter of the Southwest Quarter; thence West
parallel with the South line of ::aid Southeast Quarter of the Southwest Quarter a distance
of 178.00 feet; thence Northw~sterly dct1ccting right 54 degrees 25 minutes 38 seconds to
the north line of the above described property and said line there ending .
..
Page 7 of 8
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"Exhibit C"
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Page 8 of 8
4 534
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OCT-26-2000 THU 06:38 PM BURNET TITLE WAYZATA
SCHEDULE A
Policy No: B0l200-17364
Amount-o! ltii:,:urance: $ 520 1 000.00
FAX NO. 6124750592 P. 03
Agent File No. 00-17364
Date of Policy: September 6, 2000
Or the date of recording of the insured's
estate or interesc, whi~hever is later.
oed\1ctible l\maunts and Maximum Dollar l,imits of Liability
For Covered Risk 14, l5, 16 and lB:
Your Deductible Amount
covered Riok 14: 1% of Policy Amount
or
$2,500.00
(whichever is leas)
covered RisK 15: 1% ot Policy Amount
or
,$.5,.,.,0 0 0 • 0 0
(whichever is less)
covered Ri~k 16: 1% of Policy Amount
or
$5,000.00
(whichever is less)
Cov~rcd Ri$k lB: 1% of Policy An1ount
or
$?..500.00
(whichev0r is less)
1. Namo of Inoured!
DSR 1nvastments LT,C
Our Mzpcimun1 Dollar Limit J,iability
$10,000.00
$25,000.00
$ 25,000.00
$ ,l0,000.00
2. Th~ esta.te or inl::erest in the land de=iribed herein and whicb is covered
by thiR policy is:
fee simple
3. 'l'hc estate or interest :i:;-eferred to herein is a.t Dace of Policy vested in:
DSR Investments LLC
4. The land referred co in this policy is described as follow5:
(Continued)
SCHR.f..lU!,E A
AL'I'/\ OMier' s Policy Countersignedi By~
OCT-26-2000 THU 06:38 PM BURNET TITLE WAYZATA FAX NO. 6124750592 P. 04
~ntcr legal des~~ipcion (continued)
The East 253 feet of the North 198 feet of the South 248 feet of that part of the
Southaast 1/~ of tho Southwest 1/4 of Sect1on 27, Township 118 North, Range 23, Wost
of tho 5th principal Meridian, described ~s follows: Beginning «ta point on the
East line of said Southeast 1/4 of the Southwest 1/4 ~istant 354.75 feet North of the
south~~sc corner of s~1d Southeast 1/4 of the Southwest l/4; thence North along said
East line 635,25 feet; thence West parallel with the South line of said Southeast l/4
of tho Southwest 1/4 a distance of 990 feet; thence South parallel with said East
line 635.;l,5 feet; thence East to the point of beg:i.nn1ng,
and
The South 248 feet of that part of the Southeast l/4 of the Southwest 1/1 of Section
27. Towmmi.p 118 North, Range 23 West of the 5th principal Meridian, described as
follows: Deginninff at a point on the East line of said Southeast l/4 of the
Southwest 1/4 distant 354.75 feet North of the Southeast corner of said Southeast 1/4
of the Southwost 1/4; thenco North along said East line a distance or 635.25 feet;
thence WeDt parallel with the South lino of said Southea~t 1/4 cf the Southwe~t l/4 a
distance of 990 feet; thence south parallel with said ~~st lina a dist~nce ot 635.25
feet; thence ~ast to the point of beginning, except the East 253 feet of the No~th
198 f~et of ~aid South 248 feet.
Record::; of Hennepin County, Minnesota.
Ahatract ~roperty.
OCT-26-2000 THU 06:38 PM BURNET TITLE WAYZATA FAX NO. 6124750592 P. 05
SCHEDULE B
~olicy No. BOl200-l7J64
This policy does not i~sure against loss or damage by reason or the following
(all clauses, if ~ny, which indicate ~ny prefer0nce, limitation or discrimination
based on race, color, religion or national origin are omitted from all building
~nd use restrictionn, covenant$ ~nd conditions, if any, shown herein):
1. Riglits of the public:, the State of Minnesota and of the U.S. Gove:mrnent
to use that part of the i:,remiaee which lies helow the high water mark
or U.S. GovernmGnt Harbor line of Dickeys Lake. Rights, if any, of any
~iparian owners and of the public to use the surface, sub-surface, and
b~d of Dickeys L~ke, and any adverse claims based on the as$e~tiort that
the bed of Dickey~ ~ake ha~ changed.
2. Subject to judgments, tax liens, bankruptcies, ~nd creditors, if any,
agaim;t the in.sured.
3, Real estate taxe$ puyable in 2001 and thereafter, which were not due at
the time of c::losi.ng. Real estate taxes for 2000 ano prior years are
p,dd in full .
4. Special asse~sments c::roated (either levied or pending) after thF. aate
o'I! Clo,:;ing. 1.'here a-re no levied or pending assessments of record as of
th~ date of closing.
SCIIEDUL.F: f.l
ALTA Owl1er' S Policy
OCT-26-2000 THU 06:39 PM BURNET TITLE WAYZATA FAX NO. 6124750592
OWNER'S INFLATION PROTECTION BNbORSE~ENT
A-c;tachetl to Policy No: E01200•l736'1
File No: 00-17364
Tho compant, recognizing the current effect of inflation on real property
valnilt:1on and intending to provide additional monetai.-y prot:.ection to the
J;risurcd owner named in the Policy to which this Endorsement is attached,
hereby modifie~ s~id ~olicy, aR follows:
i, Notwith~t:amiing anything contained in said Policy to the contrary, tho
umount of in$urance provided by said Policy, as scatea in Schedule A
thereof, is subject to cumulative annual upward adjustments in the mannar
and to the f.:!X:t~mt hereinafter specified.
?. • ~Adjtrntm1mt Diltc" ia defined, for t:he purpose of this Endorsement, to the
12:01 a.m. on the first January 1 which occurs more th~n six months aftor
the Date of Policy, as shc:iwi"1 in Sehedule .I\ of the Policy to which this
Endorsement iG attached, and on each succeechng January 1.
P. 06
3. ~n upward adjustment will be made on each 0£ the Adju$tm~nt Dates, as de-
fined above, by increasing the maximum amount of insurance provided by
R~id Policy (as s~id amount may have been increased theretofore under the
ter.ms of Ch1s Endorf;ement} by the same percentage, 1! any, by which the
United St:~tes Departcuent of Commerce Composite Construction Co:st Index
(base 1,eriod 1967) for the month of September immediately preceding ex-
ceeds such Index for the month of Septembar one year o~rl1er; provided,
however, thilt: the 1naximum ;)mount of insurance in force shall never axceed
150~ of the ~mo~n~ of insurance stated in Schedule A or said Policy, less
the amount of any cl~im paid under said Policy, which, under the terms of
the Conditions and Stipulations, reduces the amount or insurance in force.
There shall bo no annual .:idjustment in the amount of :i.nsuranc::e for yaars in
which there is no increase in said Const:ruction Cost Index.
4. In the ~ettl~rnent of any claim against the Company under said Polley, the
amount of in:;mr.ince irl forco shall be deemed to be the amount which ~.a in
farce as of the d~to on which tha insured claimant first laarned of the
aascrcion or possible assertion of such claim, or a~ of the date of receipt
by the Company of the !1rst notice of such claim, whi~hever shall first
OCCUl:".
Nothing herein contained sllall be construed as extending o:r changing tho
effective date of said Policy.
Thiw Endorsement is made a part of said policy and is subjact to the schedules,
conditions aod atipul.c1tions therein, except; as modified by the provisions
11creof.
NOT~: In connection with a !ucure application for title insurance covoring
said lnnd, reissue er.edit on premium ch~rges (if npplicable at all) will bo
allowed only upon tho original race amount of insurance as stated in Schedule
A of said Poltcy.
OCT-28-2000 THU 06:39 PM BURNET TITLE WAYZATA FAX NO. 6124750592 P. 07
H0ME0WNJ-;R'S l'0l.JcY OF Trn.R INSURANCE
FOR A ONE-TO -POUR FAMILY RF.SIDENC:J~
Lawyers Title Insurance Corporation
A Land Antcrica Company
~ST RAVE PoLICj
UMBER FROM NPC
BOl.200-17364
OWNER'S INFORMATION SHEET
Your Tille Insurance Polley I• a legal contract betweon You and Us,
It applies only to Q one-to-four family resldenee and only If ••ch insured named In Sehedule A Is .l Nc1!r..irlill Person. If the Land described in
$ch0:Klule A ar the Policy Is not an improveq ro$idenllal let on which there ts loeata.l a one•lo-fcur family residence, or If •~h insured 11<11T1ed in
Sohedule A 1:1 not a Natur:il Parson, contllCt Us immedh;ilely,
The Polley Insures You .igainat actual loss resulting fl'orn r:ertain Covered Risks. These Cov~ Ri~ks are Ill.led beginning on pege 2 of lhe Polley.
The PoDcy ls lmllsd by:
Pl'QVlsions or Schedule A
Exceptions In Sche({4I-., El
Our Duly To Defend ,¼ainst Legill Ac:ticns on page 2
Ellc:lusions on page 3
ConcliUons on pagoa 3 and 4.
You should keep the Policy even if Y~ transfer YQ\lr Tille to !he Land,
If You want lo rn11ke a claim, Un!, pqr1;111raph 3 under Condillons on pag■ 3,
You do not owe any more prerni~ms for lhe Policy.
Thi!J shoot ls not Your l1i&1rE1nce Palley. II is only n brief CJUHine or aom• of lhe impgrtant Poficy featurM. The Policy explains In detail Your right,;:
ond ol:>hgalion:. and Our rights and obligation~. Since U,e Policy -and not lhls ~e,t • is the legilll doctJment,
YOU SHOULD REAP THE POLICY VERY CAREFULLY.
If You have any questions about Your Policy, cont3cl;
LAWYERS TITLE. INSURANCE CORPORATION
101 GATEWAY CEN'r"RE PARKWAY, GAT~WAY ONE:
RICHMOND, VIRGINIA 23235-5153
TABLE OF CONTENTS
OWNERS COVERAGE STATEMENT
COVERED RISKS
OUR DUTY TO DEFEND AGAINST LEGAL
ACTIONS
SCHEDULE A
Polley Nurnber, Premium, Oate and Amount
Deductible Amounts and M.ximum Dollar Linll..S
ol liability
Slreet Addrns of Iha ~riq
1. N .. r'l'Jo ,;,f Jn~urad
2. rn!eresl In Land Covered
3. P111:-cription of lhe Land
SCHEDULE B -EXCEPTIONS
EXCLUSIONS
CONDITIONS
1. P•linitions
2. ConUnuodon of C0veroga
3, How 10 Mak• a Clalrn
4. Our Choletia When We L,wn of 12 Claim
5. Hl¥1dling iJ Claim or Leg11I Acuon
o. Ullg111ion of Out Liability
7. Transfer or Your rights to Us
a. EnlirEi Conlr,1r;I
Sl. lnCl'$a&acl Polley Amount
10. Sever11bility
11, Arbllrallon
PtJge
.2
2
2
Insert
lnart
3
3
3
3
3
3
4
4
4
4
4
4
OCT-26-2000 THU 06:39 PM BURNET TITLE WAYZATA FAX NO. 8124750592 P. 08
OWNER'S COVERAGE STATEMENT
Thls Policy insures ygu against Qctual loss. including 1ny c;osls, attorneys' feeg and expenses prOVlded under this pgficy, resuldng rrom the Coye,-.<,f RlskG
set forlh below, if the Larid i$ an improved re&idential lol on which !hero Is lor;:~t~d a ono-11:1--four family residence ond qch insured named In Schedule
A j:; a Nat1.1ro1I Person.
Your fnsumncs js effective on \he Policy Dote. This Policy caver.s Your actual ,~~ from any rh1k described under Covered Riiks if the event cre:iUng
the risk exists on U,e Policy Dole or, to the extent oxpressly stalad, aflar the Policy Date.
Your lnsuror1c0 is limited by DII of th• following:
• Th• Policy Amount shown in Schedule A
• For Covered Risk 1-4, 15, 16, and 18, Your Oeductlbh~ Amount end 01.1r
Maximum Dollar Limit of Liability shown in Sc;hedule A
• Exceptlona In Schedule B
• Dur Duty To Defend Ag-.insl Lfi9:>I Ac:lions
• Exclu1aicn11 on poge 3
• CondilioM on pages 3 and 4.
COVERED RJSKS
The CovQr11cl Risk$ are:
1. Someone mlH owns M lri~$l in Your Tnle.
2. Si;,m,,;1ne el:.e hm. rights affecting Your '1111e crhrring out of lea&us,
eenrracl$, or options.
~. Si;imeono ol:.a claims to have right.s affecting Y~r nue arl:.lng out
er foroery or ltnper~onation.
4. Somsona else has an sc1sement 0r1 111• Lwid.
S. Somoonc •Is• has a rl9hl lo limit Your use cf the Loni:f.
6. Yot.ir Title is defective.
7. Any of Covered Risks 1 through 6 occurring nflef 1h• f>Q&cy Date,
S. Someone else has a lion on Yo1JT 1ille, Including a;
•· Mortgage;
b. Judgment, ~talc or recleral tax lien, or special ostessment;
0. c;h.:ir~c by a homeowner's or condominium 111:.i:ocl.ltlon; gr
d. lien, occurring before or l!fn!,f Iha f>Qicy Date, for labor :ind
m:.itorl~ furnished before lhe poffcy Oate.
9. Someone etsa hill'5 cm encumbr.nca on Your TiUe.
10. Someone else clalrna to have rights •~ting Your TrUe arising out
of frnud, duren, incompetency or lncop11etty.
11. You do not hlllle both aelUaJ \lehicldl~r and paclealrliin oc<:ess 10
i'.11\d from lhe Land, b.5ed upon Q legc1I right
12. You Dre forced to corract Qr remove ..., existing vlolallon of any
c:ovem~nt, condilicn or restriction aff'ecting \he Land, even Ir the
coven11nt, c01'\cl1~1m or rei,trlctian Is excepted In Schedule B.
13. Your TIUo 111 lo.tor taktll'I because of Q vlol•lion C1f any QCIVenan~
condition or r•1lriction, whic:h oci;urred before You ilCqulrecf Your
lillo, even if the covenant, condilloh or re$lrlctlon la excepted in
Sch&,;lule 13,
14. Bac:aui:e of on ellisUng .i0l.1llori or • a1.1bdlvlslon lc1w or reguh11ion
affeeting lhe Land:
o. You are unuble to obu.ln ci building permit;
I>. Yetj are forced l'1 i::orrect 01 remove the vlol11ion; or
c. someone else has o fes•I right to, .ind dce.s, refuse ta pedcrn-1
• conlroct to pu~hooe the Land, le-ooe It or make a Mortgage
loan on lL
Th~ omounl of Your insurnnce 1or lhl:. Cov■r..:1 Risk Is Sl.lbject to
Your Deduclihle AmOUt'lt 11nd Our Maxim1.1m D0lh1r Limit of U-'l:iilily
ahQwn In Schedule A.
15. You nre rorced to tetnovo or .rernedy Your exls~t'l!J sln.lctures, or any
part or lhttm -other th.an bo1.11dery wills or fences • bec3US& any
po1Uon was built y,,jlh01.1I Qblalnln9 a building permit from Ifie proper
oovemmunl office. Thei amount of Yo11r insur.:inca for this Covered
Risk is rub/&cl lo YQA.lr Deductible .Amount ar,d Our Mnxlr,,i.m Ooll.w-
Lirnll cf Ll.-ability Ghown in Schodula A.
16. You are forct,d lo 111move ot remedy Yo11 l!l)(tsling Sb"Uch.iree, Qr any
part of tham, becuuse they vlolala .in exli;llng .zoning law or zoning
regulaUon. If You are r■qulred to remedy eny parUon of Yollr
exlal/ng struewre1;1, the emount or Your lnsunmce for 1hls cow,racl
~~.,k Is :1ubjec;t lo Your Oed1.1ctible Amount 11nd Our MW<imum Collar
Llmil or Liab!Rly shown In Schadi.lle A.
Our Duty To Oafand Against Legal Actiona
17. You cannot use lhe L•nd because use as a single-f211T1ify retld«icei
vlol;1!es ao eideting zoning law or zor,!119 ~ulaHon.
18. You are forced lo ~move Your axisUng slructuree becauso \hey
encroilCh onto Your neighbor's land. If the encroaching structures
are boundory wills or fences, the amount cf Your lnsur<Vl~ fer
thi11 Covered Risk Is &.1bJect to Your Dedudlble Amount and Our
Maximum Collar Umlt cf UabRlty shown in Schedll!a A,
19. Someone else has a leglll right lo, and dcee, refuse to perform o
contract to purchase the Land, leaae It or l'rl"l<e 'ii Mortgaga loan
on ll because Your heighbor's exl:.Ung structures encroach on Iha
Land.
20. You are foreccl to remove Your exi!illing strucll.lres which eh~h
onto an eo1eement or over e btJQdi11g ~-back llne, even If !he
easement or building sat-back &ne Is excepted in Schedl.lle 8.
21. Your lilxl&ling struetutse are darno.ged becauso of lhe exerebo of
o right to maintain or use any essen111nt atre.cllng tho utnc!. even
if the ea:iement l.s excepted In Schecfllli:, B.
22. Yo1.1t exi!l:ting lmprcv11ments (or a replacement or modificoldoti
made to them after the Polley Date), incfucllng llilWl'ls, shrubbery or
tees, are d31Tl~ed because of the futtm!I exMase of a right ta use
lhe surface of ti\e L<Wld for U,a extraction or development of
minar.ala, wat&r er any other substance, even if lhose righla are
excepted er r■Hrved m,m (ha descripUon of the Land or excepted
in Schedulo B.
23. Son-1eone elee tries to enforce a dlsc:.riminalol}' cov11n1nl, condlUon
or reGtric:llon that 1hey daim affects Yo1.1r Tide which l:s based upon
race, ,;:olor, r~i9icn, sex, handicap, temDl~I J;t~tus, or naUgnal
erlgln.
24, A taxing aulhorlty assesMs supplemen\11 re31 estata t;i.xes not
preViously UHQed 3gafnst thlol Land fer any period l>efore the
Policy Dais becausa or construcHon or a ch.:vige or ownership or
utie thdt OcCllrred befcra Iha Polley Dale.
.Z5. Your neighbor builds any structures after 1he Policy Date -ether
thM bOllnclary walls or f.imces -which encrot1ch onlQ the Lilnd.
26. Y01.1r 1iUe Is unmarketabli!l, Which allows someone else to refuse
lo perform a cantrac:I to purchc1se the L1111c!, l•,11se II or make o
Mortgage loan on it
27. A document upon whieh Your 'title 1$ b,1&ed i, inv.illd because ll
was not properly A!gned, se.l111cl, acknowledged, denverocl or
recorded.
2S. The raeidence. with lh• address &hewn In Schedule A I~ l'\Ot Jot:ffled
on the Lcind at lho Pc1icy Dote.
29. The map, If ariy, atlE!ciled to lhili Policy does not ehow th• correct
loeaUon of the LMd l!ICCOrding to l11• Pubnc Records.
We wilf defend Your 11Ue In any legal ac~on only as to that pDrt of the /lclio11 whk:h I~ baud en a Covered Risk Dnd which Is not eJCcepled or exclllded
from cover.0911 in this Policy, We will pay the cost&, ,1ttorneys' fHil, and l!l)Cpenses W= lnc;ur in that d11rense.
We will not p~ fcii iln)' piart of the legal action ~hich is not bilHd on il Covered RJ:.k or which I~ excepted er excluded frorn cover3.g<t In thlc Polley.
W• can end Our dtrty to defond Your Tille i.ncler paragraph 4 of lhe Conditlons,
2
OCT-26-2000 THU 08:40 PM BURNET TITLE WAYZATA
Exclu&lona
In 111:ldilion ta lhi, Excopliana In Schedule B, You arc not inaur•4 11511i111il laes, c:~13.
at1orney1' r";, and np;anaa= rMulin11 rrom:
1. Governmental poijce power, l:llld 111• IXR.lence or vlolaUon ar any law er
government re9ul11tion. Thit inc:ludlNi ordin11n1:H, laws And regulations
cor,carnb,1f
a. b11lldin9
b. 1C0nlng
c. land u&e
d. lmprava manls on 1ho Land
•. Jimd djyision
f. cmvironmen11I protection
This ExclLmlon dol!J.S not 1.!pply ID vkih:1U011s or th• an(orcement or !hen
mal.ltlns if ndiee of !ho viol.non or enforcal1lllnt appan. in I.he Publk; Rllc:ortla
11t U111 Policy Dato.
1N5 Exe!Ut.lc11 doe& 1101 limit tha coverage dascribed in CcYc,rad Ri&k 14, 15.
16, 17 or 2,1.
:i. 'rho rDiiLIIII at Ya11r •xi1ting slruc:CllrDG, or 11ny part or lhem, lo h oonslrueted
wi uccorila~ with applicable building 01146,. Thia Eiccfuslon doea not 11pply
lo vlal"lion:; or buDdinq c:Dda:s if 1101iee of lh• vicflnion appaan; ii tho F'ubllc
Rc,cordli •t the Piillcy Dalt!,
3, The right IC 14k. the Land by eondcmnin9 I. unla&s:
FAX NO. 6124750592 P. 09
a. a notl,:11 or n«c:illnv tho right appe11n1 in th• Public Reecrd:i at
P,;,lic;y Oat.; «
t,, lhc takilg happened before Iha PoHcy Oiths and Is binding on Yt.U ir 'r
bougt,1 tho Land withqul Knowing or lha lakina.
4. Ailu:
a, that 11re crc:a!■d, allolud, or agraed lo by You, wholhor or n,;,I U
app&!lr in 1h • Publk: R.cords;
b. thl!II ara Knawn l'I You at lhlll Poli:y 01t.!i, bul oot t.o u~. unlo.i~ It
11ppurecl In Iha Publie Rec:ords at llw. Policy Da119;
c. ill•t r.sull in na Joss IQ You: or
ct. 1h111t linil DCl:\lr aner Iha Polity Ool8 • this doe; not fltnlL Iha eovere
deli cnbed In Coverad Rl:!lc '1, B.d, 22, 23, 24 or 25.
5. FaikJn, IX:I pay value tot Your T,t!e,
6. Llle:k of 11 light:
a, lD 1ny llll'ld outside the ftrc:11 i;;pecilc:11111>' dellcri~ ond r•l\lrr,i,d lo
pal'lll9ra,ph 3 of Sche1;h1lo A; and
b. in &IJNl!t, a.ll11y;, orwetarw■ys lhstteUch Iha Land.
Thii; Exclus!an do.s not Jimil lhe COYl!tTIIQc d~crip•d In Covered Rl:rk 11
111.0
CONDITIONS
1. Oofinilion1;
11. Ea:samanl • I.ho right af somaono else to U:!ie the l.ariq ror 1:1 &pttcl&I
purpou,
b. Known • lhinQ& abo1.1t which You MV6 actual llnawli:idgo. Th• words
"Kncwf! and 11t<nawlng• halle the ~ina muning u Kl'IQWn.
c. Land • the l11nd or condominium llnit ~1-cribed In p.l'llgraph 3 ef Schedul•
A and any improY6MGnt:; an tt,e l.11nd which ua real propel\/.
d. Mor1(!.1ge -11 mortga1111, deed or IMt. !Nat dHcl or other Sl!lt:uriljl'
1nstrumo1n1.
e. Nalliral Per.son -a h4m-11n hing, not I c:omrnerelaf or fogal or9anluwn or
en~I)', Natw-al Person lncludn I lnwlce or a Trn,I aven ir t11• Min is
not 4 human lielng,
r. Policy Dais • tha date and lltne shown In .Sc:hodul• ,._ H' Iha wi&ured named
in Sehe<Mc: A rnl ,1c:qull'OG !he intere=it :ihcwn in Schedule A by an
instrumenl ~ordad In the Publie Ra¢ords la!ar tha11n lh1 dale 11ncl llmo
shown L, Schadula A, 1h11 Policy Oale Is lh• dJriC-11nd llnvl lt,e lMlrL11111nt 1~
ro1:ord•d.
g. Public Rac:ords -reeo,,l,:i lhot giv• eoMGlruclive notb;e af maltert all'l,cting
Your 'rili•. iXlCording lei lh• •lal.i aii-tute. wh111• Iha Land Is IOcalDd.
h. Tilla • Iha owner.ship af Your lntars.l in Iha Land. 111h6wn in Sr:hedllla A.
I. Trust• a llvf11g lrual •t.bllshed hy II human being lot uta!a pl11nnlng.
/. Wa/Our/U,s • Lawy•I'$ Ti41e l111iunu,e11 Corpor111lcln.
JC, You/Your • th ■ insurtd na111111d in Schedule A 11hd also lhoH ld11nlillad In
par11\jraph 2.b, af 1111,~o Candi\ion:i.
2. Conlinllaficn Of ¢,;,v-arage:
is. Thi1 PoOc:y lnr.ures Yo1.1 fi:irover, avl!!n 61\i,t You f\O bnoer have Your Title.
You Clllnnat u&&ign thill P1:1ilc:y to anyone oln.
b. This Polley 11150 insure,:
(1) anyone who lnherfls Yau, iifli, beca4s., or Your de•lh:
(:2) Your spo1.1~11 who ree:111Y=i 'Vour ni,, &,,;,;11ua ■ ot sfas50lllfia11 of Your
mll(Ti~11e:
(3) ti,e tn.1$1i,e or succ6:::.ar trustee or a Tru11t to whom Yot.1 lr11n,r•r Ycur
T1tl11 11ller 1h11 F>or.cy Data; vr
{4) tho beJl;ificlMlos of Your Trust upon Yciur daath.
e. Wo m11y .IS:!:6rl against 1h11 lnsuNllb ldetrtified In P11nl9raph 2~. ,my rights
11nd dell!nsl!!S that w., h'IVll llllllllit M'J previous ~urDd und•rthis Palley,
3, 11cw To M.eka A Claim
11. Pron,i,l Notice or Your Claim
(1) M 500j'I AS Y,;,u Know of IU~lhin(I lhllt tniohl be c.,..,11r11d by lfii= l>olfcy,
You musl 110(Jl'y Us pramp~ In writing.
(2) Se11cl Voll!' noUc. lo Lawyers Tille ln:1ur.111ca CotpOration, 101 Gett/Nttt
Cuntra P,nkway, Ga&ew11y 011e, Ric:hmond, Virginia ZU35-S153,
Allenlio,1: Claims Otrp•rtment. Plcnn incl11dtr lhe Palley numbilr
11hown In Schedule A, enll the counly •nd c;lat■ w~ere the Lllnc:I b
l0c;11l1d, PltMe enclo~c, 11 copy of Your Policy, If avllabMi.
3
(3) lrYou <Iv Mt give Us prompt notice, Your COV!lr.igi:, will be rtducad o
1ni:led, but only la lho oictent Your failure e,r.,c:1:; Our abillty to l'etiolve
th. 1;laim or defend Yau.
b. Proof or Your Los:i
(1) We m111y require You to give Us "wrfft11n 1te111rnont &igned by You
describing Your Jc,s,:; whiclJ lne!M<lll!li:
(11) Iha bu.15 of Your claim;
(b) Iha C.:.Varcd Risks which ra&ulled In Your laee;
{c) Iha dollar a,po11nl 11( Your Jou i and
(d) \he method Yau used io eompultl the illl'IOUnl 1:11 YDtll' lo:;:;.
(2) Wo may requf,.. Y1111 lo mak• •vnila.bl!t tc U,s rccarda, c:ht1.ki;, leUar~.
i;:onlracls, fns11mn;o pallciH and other ptllJOr.t whieh r•lllle to Your
claim. Wo may make ,;opies or 11~11 pa,,.rs,
(3) We ITIIIY roquir• You ta answer q~tion• ttbo11t Your claim under aath
(4) Ir Y,;,v fail or r1ruc. to giva U!! o :italam ■nt of loss, answer Our
q1.ie$1bns u11d•t ooth, or make av•ijalil• 1g Us lhe pepc,r.1 Wa raquc:.t,
Yiu1r c:av11raga wll be reducad QI' onded, blll ;nly lD lhe extent Your
tleihm1 or refu5•d 111foctl 011r :abifity ID le!Jnlvo lhe eloilltll or def■n<l You.
4. Our C:haicl!6 When We Lum Of A Claim
a. Allor We ree,,lvo Your nctl~. or alherwb11 l~rn, ar 11, clairl thlll ls covered
by tlli5 Policy, Our ,;hoioes inell1r!c ontt or m~ra af Iii• ra~ln11:
( 1) PII)' 1M cliifm.
('-) Nag~bt • nttlement.
(3) Bmg or dorend a le;11 I aclfan r1ilz,\cd lo ttie el1dm.
(4) Pl!Y You 1he arnc11nt roqull'fld b~ U,is Poll~.
{S) tnd the cover11go ct lhilS Pol11;y for the ,;blm by p11ylng Yau Your
111;luol losa reiulting from the Covered Ril.k, and d10v11 cast!!, llllome)'s
f1111& end expanH!I ineurrcd up ~ lh11I limo which Wa Dl'O obNgolod lo
pay.
(6) End the COV6ra90 d1t&cril>ed In CoY11t'H ~i&t 14, 15, 16 ar 18 ~y
paring Yau lho af110t4nl cil Y;ur "11111~nce then In fotto fer lhe
partlcUlar Covereq Rr.tk, and lhclt c:osl&, lltfomll)l:r' fHa and expenscis
lnl!Um"f up 1o that lim■ whlc:h We are obfigat.d to pay,
(7) End all cov~1:191 af 1h11 P11icy by Jlll)'lng Y01.11h• Poli::y Amount then
in lorai, lllnd all !hoc• cat.ls, att.ome~• r-•n<l txp-as Incurred up
lg lhat tlln4, which W• ■rD obligall!-d lo pay.
(8) T.l!!ko Plh■r epproi;iriate action.
b, Wlten We chociu Uia 0plit11l!S ih paragraph~ 4.11. (5), (!l) vr (7), an our
obfigl!llkin& for lh• c:laim end, ;1,;ludin9 04r ol;,ligatiar, la dofand, or
conllnYo to dalellll, any k,g~I o~on.
c, lvan r W■ do not tlllhk lhal lh• Poli~ covers il,11 clalm, Wa 1noy cfloose
one or n,gra of the optioM 11bov•. 1;1y doing 11c, Wr, do not Qillo up ~ny
righllt,
OCT-26-2000 THU 06:40 PM BURNET TITLE WAYZATA FAX NO. 6124750592 P. 10
CONDITIONS· CONTINUED
5, H.-.ndling A Clrum Or L.egol Ac:lion
;:i. You mu:rl coop•rat'9 with V.s In handling ~ny claim or legal ae~on
iJ/ld give Ua oD ntlevanl lnforl'11i!lion,
b. If You f,1n or tBfuBe to COC1parale wilh Us, Your caver.'llgo will be
r11dUc:ed or ondtd, bl.II orJy to the exl•nt Y1>1.1r fuilure or rolllllal
arr1cts Our ability to r~ol~• tll• c:lalm or defend You.
c, Wo are required to r.p.-.y You only for those telllef'fl8nl c;o;la,
ottom•yi' fees and e~penses !hat Wo approv~ In advance.
d, Wu h;:ive the right ID choot;e Iha 11t1Pmoy whan We bring or d1f•11d
a legal aclio,; on YQYr bvhilfr. We can appe.al DllY d•c.:icloo to the
highest fo,vel. Wa do not have ~ pay Your claim until the legal
aclion is llnally decided,
o. Whelher or 11ot We :igrea lhere i:J COVlll'3.(16, We can bring or derend
Q lagal aclion, or tl:lkei olher ~ppropfi.'1lt,;, "c;Uon und~r !his Policy. By
doing ao. We do oot givlll up ;mi, rights.
IS. Llmillltl0r, O( Our Liability
a. AR-Ir :iublr,11:ling Your DeducHbl• Amount ir it appBas, We v.-ill pay
no l"n0re than ll'le la,iu:t or:
(1) Your actual loss;
(2) Our M!lXimum Dollar Umil of Llabllily lhen In force for Iii•
partlc:ular Covered Risk, ror i.lailTllll covored only under Coverad
Rls~ 14, 15, 16 or 1S: or
(3) !ho Policy Amount ltlen lh r01ca;
and 1:1ny co:it:1, attom•y,.;' rees and expenHs which W• are
obllr,t,ted tel p.1y under this F>obcy.
Ii, (1) If We r!lmove 1he c.a~ of the c:lalm will\ reusona/:lle diligen~
after rsoalving notice of II, all O11r obligalion, for th• claim •~•
lnc:ructing any obligatlon tor 103:i Yo11 had while We wiw
romoving ltle cause of the claim.
(2) ~egardfe:is or 6,/:1, (1) above, if You cannot use lhe Land
beC'QU:i• of .a cl.:iim CQVered by lhl!l Policy;
(a) Voll m1y rent a reasonably aq11iYalont subslittJls re.sickinc•
.ind We will repay You for 1h11 acb.lal rtMit You pay, unlil tho
e:.,1ller of;
(1) 1h11 c:auM of the c:lalm ht removed; or
(2) We p.iy Voll th~ :.mourit required by !his P91ic;y. Ir
Your cbiim i$ tlMlred only under CO\lerect Risk. f4, 15, 16 or
18, ltlat payment It Iha .-mo11nt or Your ln&urenoe tti.11 jn
force for the 1Jarlicl41"r Covar.d ~isk.
(b) We will p;ii, reasonable oo!l~ Vo1.1 pay lo reloeaf• any
p"nional property You ll•v• tho right to remove rrotn \tie
Land, lncludiig lrtirn;portaUon of U,at p&f$oni111 prop ■rly For
up to lw•nly-fivo (25) mile from lhe µinQ, ::ind 111pair of any
d.i~ga lo lhal per,onol property baaall38 of !he reloealion.
The amount Wo 'Ml fl'IY You under this ~ragraph is limited
IO lf1e v-itue 0f 1h11 peraonal property be(ore You relocate rt.
c. AD paYffi!lnl$ Wa rrako under this Poicy reduce lho Polley AmoUhl,
except for eMts, attorn•y•· r■.s arid a,cponaea. All paymarillli We
ITl;'lke for dairns 'Which ::ire 00YBred only und6f Cover'ld Rllik 14, 15,
16 or 18 lho tod1.1ce Our Mexm.irri Poll1r Limit of Liability for lh•
p.lrlicular Covered Risk, al(cepl For costs. attoml!Y:.' F•es ;ind
elCpenalt!.
d. If We issue, or hilva IG&ued, " Policy to the owner or a Mortgage
th::il IE on Your Tille .and W• have not ;Jven You ilnY ,;:ovw.ge
agalMI lhe Morlgo■g•, then:
(1) Wo ho■ve lho rig'1I lo pay any Dft'w:11.mt <14e You 11nd!lr lhis Polley
IQ lho owner ol lhe Mortgaige, ;ind ;;iny amount paid ahall be
trr,ialod as 3 ~'yrTlant to You undet this Polley, includfng under
par.:igr.:1ph 4.11. of lhase C:ondilion,;
A WORD OF THANKS .....
(2) Any :imount paid lo 'the D'wr,er of Iha l'ttor1Qaga shoU be
111.lbtracted rrom Iha Polley Amount of !his Polley; •nd
(3) If Your claim i!J eowr11d only under ecv,red Ri~k 14, 1S, 16 or
H.I, ;;iny amount paid ID 1he owner or lh" t.4o~age shall Also be
1ubtr:acled rl'Dm Our Ma1:imum Dollar Llrril or LI.ihilii)" for lht
piwtk;,.ir ■r Cov•rtd Risk,
e. H You do onyl.hing fD affect any right of r.covery You may hove
againat someone else, We ~iilfl 1ublr.acl from Our li~bility !he
amount by which You raduced the value of ~I right
7. T~n.sfer or Your Rlghrs 'ro Us
•• When We selUe Your mlm, We hD\le ell lh• righls You have
oi;i ■i"st any parson or property relatscl to lh• claim. You mu:il
transfer ltlese rights to Us when We 11:k. and Yo1.1 rn1.1sl nol do
11nyfhfn0 le ilfl'ect those rights, You mual lat Us 1.1t:e Yo1.1r narno In
enfoicing lhttH ri;hls,
b. Wa will not Ile N11blo to You If We do nol puraue lho:so rightll or tr
We do not recover any amount lh11l might ba recoverabla,
e. We wi11 pay any M.ln&y We colectrrom enlon:in; thM& l'i9hls In th ■
fo/lCJWing order:
(1) to Us ror Iha eocls, attorneys· fe~ onq expens~ We paid to
enfo~ lhtt1111 rlghis;
(2) to You for Your lcsa that You ™IVS not alre.'ldy collected;
(3} Ill Us for any money We paid out under thr-> P0ll1.y cm acc-o~nt
of Your claim: and
(4) to You whatever ;s left.
cl. If You have lighl.s under c:onltaol! [such u indemnilies, 9uotanll1n,
llonds Ol'olhar policies of iMUranca) lo hlcaver all or p;1rt of Yo1.1r
lo.:c, !hen We h ■v■ ;1111 of thCJsa righl:l, even 1r lt,o£e conlraclll
provide lh ■f lflosa obliga1ed haYo 11U of Your rights 11ndor this Policy.
a. Ehtira Contract
This Po~cy, with 11ny endot:ia1T1Bnl!:, 1$ Iha entire cor,lr11e:t bolw•en You
and U.1. To do .. mine !he maanin; cf .iny part of lhi• Polk;y, Yc1.1 mll3f
raad Iha en!ITTI PoU1.y. Ally cha11ges to lhi.1 Policy must be ai,:ireed to It\
wriUng by u~. Any olalrn Vall make against Ua 1T111st bo m~~ undar
lflit l>olicy and l:t :rut>j,tct lo its !aims.
s. lni:r.u•r;f Policy Amount
The Paffcy Amourit will lttc:rel'!H by tan percent {10%) or ltie "Policy
Amount shown in .'Schedule A each year for Ii• lin:t rl\ls years following
1h11 Policy Dala ahown In Schedul• A, yP to one hundnid nny porcent
(150%) of the Policy Amount c-hown in Schedult A, it,a increiilSa ■aeh
year will happen on Iha 11nnlv111Ury or ltia Polley Oat& shown In
Schadul• A.
10. Severabilily
Ii any port of this Policy fa held to be legally 1.1nanfotoeable, bolh You
ohd We c.::1n still anrorce the ™'' of this Polley.
11. Arbitra 6on
a. l( penl'llttctd in lhe scale whero the Land js lo!;:llled You o, \Ive may
dlmond arbiiratlon.
b. Tha 11rbilrl!Uon moil ba l>inding on bolh You and Us. The atbi~6on
shall dacirlit .iny mattar In di!IJJ\lle b ■tw.•n Yau and Us.
e. Th, orbilra1icn award rmy be entered as II judgment In Iha proper
court
d. The lltbi~1ion lihiiiD be under 1116 Tille Insurance Arblrr.ilio11 Rule-J
of Ula Americun Artltr.ttlon ABB~lion. You may choo:i• current
Rulea or Rules In axialenco on Polrcy Dela.
o. The bW Usecf In !he .arbllratiol'l b lh• law of Iha place where thti
Land i,s lcc;afed,
f, You can get II copy of lh• Rules from Us-.
As wa make your policy °' par! or cur pti,rrn.aner,t r~rds. we want to expre~ our appreciation of thl!I evidence Qr yo1X 1allh I~ Li4WYerli Tll/a Insurance
Corpo,~li,;,n.
Th11rF.1 Is no recurring premium,
'rhl1: policy provideo II valuable lille pro!acflon and we ~ggest you keep It In a $a(a pl.ice where It will be r .. dy fot full.Ire rerereni:6.
If you hova any question,:; .ibout the proteoUor, provided by this policy, ccnt11et the ofliea that IS:tU•d your policy or you m.'.ly writ~ to:
Consumer AIYalts bepiirlment
Lawyer~ Title lnsurauce Corporation
Auna America C<llup.my
P.O. Box 275f37
Richmond, Vifginia, 232eJ1-7567
TOU. FREI: NUMBER: 1-800-446-7086
4
OCT-26-2000 THU 06:38 PM BURNET TITLE WAYZATA
SCHEDULE A
Policy No: BOl~00-17364
Arno,mc o! Ix11a:uranca: $ 520,000.00
FAX NO. 6124750592 P. 03
Agent File No. 00-17364
Date of Policy: September 6, 2000
Or the date of recording of the insured's
estate or interesc, whi~hover is later.
Deductible luncmnts and Maximum Dollar Limits of Liability
For Covered Risk 14, l5, 16 and 18:
You~ Deductible bmount
Covered Riak 14: l% of Policy Amount
or
$2,,500.00
(whichever is leas)
covered Risk 15: 1% of Policy Amount
$.5.,_000. 00
(whichever is less)
Covered Ri~k 16: 1% of Policy Amount
or
$5,000.00
(whichever is less)
Cov~,:-cd Risk. 18: 1% of Policy An1ount
Or
$?.,SQO.QQ
{whichev0r is less)
1. Name of In □ured:
DSR Investments LT,C
Our Maximum Dollar Limit. J.iability
$10,000.00
$25,000.00
$ 25,000.00
$ ,l0,000.00
2. The estate or interest in the ls.nd desribed herein and which is covered
by thiR policy is:
fee simple
3. 'l'hc estate or intere:.it referred to herein 1s at Dace of Policy vested in:
DS.R Investments LLC
4. The land referred to in this policy is described as follow~:
(Continued)
SCHEfJUI,E A
AW'/\ 0.-mer' s Policy C0W1tersi!ililed~ By:
OCT-26-2000 THU 06:38 PM BURNET TITLE WAYZATA FAX NO. 6124750592 P. 04
Enter legal des~~ipcion (continued)
The East: 253 feet of the North 198 feet of thG South 248 feet of that part of the
Southeast 1/4 of tho Southwaat 1/4 of Section 27, Township 118 North, Range 23, Wost
of tho 5th principal Meridian, described ~s !ollows: Beginning ~ta point on the
East line o! said Southeast 1/4 of the Southwest 1/4 distant 354,75 !cet North of the
south~~sc corner of s~1d Southeast 1/4 of the Southwest l/4; thence North along said
East line 635,25 feet; thence W0st parallel with the South line of said Southeast l/4
of tho Southwest 1/4 a distance of 990 feet; thence South parallel with said East
line 635.:'.5 feet; thence East to the point of beginning,
and
The souch 248 feet of that part of the Southeast 1/4 of the Souehwest l/1 of Section
27, TowlHJhip 118 North, Range 23 West of the 5th principal Meridian, described as
follows: Deginning at a potnt on the East line of said Southeast l/4 of the
Southwest 1/4 distant 354.?5 feet North of the Southeast corner of said Southeast 1/4
of tho Southwost 1/4; thence North along said Ease line a distance of 635.25 feet;
thence We~t parallel with the South lino of said Southea~t l/4 of the Southwe~t 1/4 a
distance of 990 feet; thenee south parallel with said E~st line a dist~nce at 635.25
feet; thence ~ast to the point of beginning, except the East 253 feet of the North
198 f~et of ~aid South 248 feet.
Record~ of Hennepin County, Minnesota.
Abstract ~roperty.
,, • Minnesota Uniform Conve ancing Blanks (1978)
. --7368708
State of Minnesota,
} ss. Affidavit Regarding Seller(s)
County of Hennepin
George A. Johnson and Gloria J. Johnson, husband and wife
being first duly sworn, on oath say(s) that:
1. (They are) Lile is) Lhe k:nows), _____________________ _
______________ the person{s) named as _:g~r:.!:a~n!!at~o~r..!(!:.sJ..) ________ _
in the document dated --------=,----=-=----_-_-, -an-d"""'fi,...led--,fo,...r_re_c_o_rd_c_)_c.._:\--,._.,,.:2-:,;""TJi ~ -· as Document No. :r3>{,A[") (?7
(or in Book _____ of ______ Page -----------: ) in the Office of the
(County Recorder) (Registrar of Titles) of Hennepin County, Minnesota.
2. Said person(s) (is) (are) of legal age and under no legal disability with place of business(es) (respectively) at
----,------,,--=------------and for the last ten years (bas) (have) resided at:
8 7 9 ~'l"O"Wt\ ~ • 0 Y-N')C) 2 (., '-{I'S-
3. There have been no:
a. Bankruptcy, divorce or dissolution proceedings involving said person(s) during the time said person(s)
(have) (bas) had any interest in the premises described in the above document ("Premises");
b. Unsatisfied judgmentS of record against said person(s) nor any actions pending in any courts, which affect
the Premises;
c. Tax liens against said person(s);
except as herein stated:
4. Any bankruptcy, divorce or dissolution proceedings of record against parties with the same or similar names,
during the time period in which the above named person(s) (bas) (have) had any interest in the Premises, are not
against the above named person(s).
S. Any judgmerus, or tax liens of record against parties with the same or similar names are not against the above
named person(s).
6. There has been no labor or materials furnished to the Premises for which payment has not been made.
7. There are no unrecorded contracts, leases, easements, or other agreements or interests relating to the Premises
except as stated herein:
8. There are no persons in possession of any portion of the Premises other than pursuant to a recorded document
except as stated herein:
9. There are no eru.-roachmentS or boundary line questions affecting the P emises of which Affiant
knowledge.
Affian1.(s) know(s) the matters herein stated are true and make
passing of title to the Premises.
Notarial stamp or seal (or other title or rank)
i, ... ~ ....... ~ ... ~~-::,,.:..,:,..,.-..>~ •
. ,~::· :·: SHELLY M. SOLUM BULLOCK
·7 '. \I t~s.:._t"(;"-"i ~era:' !;.·:-M·NNESOTA
~l" ,.,, · ·=•uJ•• 31.200s
This lnsttument was drafted by (name and addn:ss):
BURNET TITLE
201 E. Lake St. 2nd Fl.
Wayzata, MN 55391
00-17364
06007510
lQ"i'l'f\
The East 253 feet of the North 198 feet of the South 248 feet of
that part of the Southeast 1/4 of the Southwest 1/4 of Section 27,
~-• Township 118 North, Range 23, West of the. St;h principal Meridian,
described as follows: Beginning at a point .. on the East line of said
Southeast 1/4 of the Southwest 1/4 distant 354.75 feet North of.the
Southeast corner of said Southeast 1/ 4 of, ,the Southwest 1/ 4; tnence
North along said East line 635.25 feet; thence West parallel with
the South line of said Southeast 1/4 of the-southwest l/4 a distance
of 990 feet; thence South parallel with said East line 635.25 feet;
thence East to the point of beginning, 1
and
The South 248 feet of that part of the Southeast 1/4 of the
Southwest 1/4 of Section 27, Township 118 North,. Range 23 West of
the 5th principal Meridian, described as follows: Beginning at a
point on the East line of said Southeast 1/4 of the Southwest 1/4
distant 354,75 feet North of the Southeast corner of said Southeast
1/4 of the Southwest 1/4; thence North along said East line a
distance of 635.25 feet; thence West parallel with the South line of
said Southeast 1/4 of the Southwest 174 a distance of 990 feet;
thence South parallel with said East line a distance of 635.25 feet;
thence East to the point of beginning, except the East 253 feet of
the North 198 feet of said South 248 feet.
Records of Hennepin County, Minnesota.
Abstract Property.
-~ . 2-
l~fO
7368708
OFFICE Of COUNTY RECORDER HEHHEPIH COUNTY, MINNESOTA
CERTlflEO FILED AHO OR
RECORDED OH
00 OCT 13 AH IO: 38
AS DOCUt,CNT ,,7368708
11t,dl.s/#tL.fl .. co. REC.
~ Ot.PIITV
HERMAN J. RATELLE
THO\\AS A. KELLER J[l
JAMES E. O'BRIEN
EDWARD L. WI :-C ER
WILLIA>! N. KOSTER
WILLIA\'! A. HACG
CHARLES A. PARSO!'CS. JR.
THmIAS E. HAR\'IS
RICHARD J. JOHNSON
ROBERT J. LCKES
JA\IES A. Rl'BENSTEIN
THOW,S R. SHERAN
J. \IICHAEL HIRSCH
EDWARD J. BLOM\IE
JEFFREY L. WATSON
THOMAS J. SHROYER
DAVID P JENDRZEJEK
CCRTIS D. SMITH
DAVE E SENGER
MITCHELL H. COX
l-llCI-L-\EL J. BRADLEY
PETER A. KOLLER
RICHARD J. KELBER
KEVIN M. Bt;SCH
SLS . .\N C. RHODE
TH0\1AS \L HUGHES
NICK HAY
TliOW5 A. JUDD
DAVID W LA.RSO'N
DEANNE \L GRECO
CASS 5. WEIL
GLEN E. SCHU,1A~:--;
j..\NNA R. SE\'ER..\NCE
\'I. CECILIA RAY
NANCY :.L KISK!S
BARRY L\ZARLS
RO'.'CALD A. EISENBERG
PALL B. ZISL\
BRIAN T GROGA:-.J
J \IICHAEL COLLOTON
ERIC). OLSE'I
JOSEPH G. \IATER'.'JOWSKI
STE\'E>l T_ HETLA.:\'D
WILUA\1 A. CUMMJ:---:G
J.W\IES D LITTLEJOHN
\llCH.-\EL R. \:IXT
JA\IES F. BALD\VI~
DAVIDS. JOHNSO;'J
\t:\RK B. PETERSON
\IICHAEL C. ZENDER
JAN \1. W..\GNER
PHILIP J. YOC:--:G
BEN \I. HENSCHEL
JO'.'/ \'I. TYNJAL\
STEVEN E. CULBERT
\'!..\THE\\' \1. l-lEYER
DAWN \t KNlTSO>I
PAL'LJ. YECHOCT
JEFFREY W POST
\!EGAN J. HERTZLER
H. I.E PHAN
Jf:RRIE lvt. HAYES
TI\IOTHY L GL'STI:--:
Yl:Rl B. BER'.',;OT
JOSEPH A. \IA>IDER:-iACH
JOAN! C. \!OBERG
OF COLNSEL
LEE.\. HENDERSO);
DARRELL B. JOHNSO:'-l
RETIRED
VER~E \\'. \!OSS
J.-\~IES H. HE'.'lNESSY
STANLEY R. STASEL
P,.\TRICK E FL.\HERH
WAYNE A. HERGOTT
\IICHAEL L. FL\NAGA:'-/
PAL"L \"AN VALKE~BL.RG
\\'. SCOTT HERZ(}G
PALL G N El\!..\:\"'.'<
JEFFREYL. WATSON
612.347.0266
WatsonJ@moss-barnett.com
October 27, 2000
City of Orono
2750 Kelley Parkway
Orono, MN 55356
MOSS & BARNETT
A Professional Association
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-4129
Telephone 612.3-+7.0300
Facsimile 612.339.6686
www.moss-bamett.com
Re: The following described real property situated in Hennepin County, Minnesota (the
"Property''):
The East 253 feet of the North 198 feet of the South 248 feet of that part of the Southeast
¼ of the Southwest¼ of Section 27, Township 118 North, Range 23, West of the 5th
principal Meridian, described as follows: Beginning at a point on the East line of said
Southeast¼ of the Southwest¼ distant 354.75 feet North of the Southeast comer of said
Southeast¼ of the Southwest¼; thence North along said East line 635.25 feet; thence
West parallel with the South line of said Southeast ¼ of the Southwest ¼ a distance of
990 feet; thence South parallel with said East line 635.25 feet; thence East to the point of
beginning,
and
The South 248 feet of that part of the Southeast ¼ of the Southwest ¼ of Section 27,
Township 118 North, Range 23 West of the 5th principal Meridian, described as follows:
Beginning at a point on the East line of said Southeast ¼ of the Southwest ¼ distant
354.75 feet North of the Southeast comer of said Southeast¼ of the Southwest¼; thence
North along said East line a distance of 635.25 feet; thence West parallel with the South
line of said Southeast ¼ of the Southwest ¼ a distance of 990 feet; thence South parallel
with said East line a distance of 635.25 feet; thence East to the point of beginning, except
the East 253 feet of the North 198 feet of said South 248 feet.
Dear Madam or Sir:
Our client, DSR Investments LLC, has asked that we provide this title opinion to you, in
connection with its application to subdivide the Property.
We have examined copies of: the title insurance policy, having an effective date of October 13,
2000, issued by Burnet Title on behalf of Lawyers Title Insurance Corporation, Policy No.
B01200-17364, Burnet Title File Nos. MF# 00-17364 and TI# 193479h, covering the Property
(the "Policy''); the Warranty Deed, dated September 6, 2000, filed for record in the office of the
County Recorder in and for Hennepin County, Minnesota on October 13, 2000 and recorded as
Document No. 7368707 (the "Deed"); and the Affidavit Regarding Sellers, filed for record in the
office of said County Recorder on October 13, 2000 and recorded as Document No. 7368708
(the "Affidavit"). Copies of the Policy, the Deed and the Affidavit are attached to this letter.
City of Orono
October 27, 2000
Page2
MOSS & BARNETT
A Protess1onal Assoc1aunn
Based solely upon our examination of the copies of the Policy, the Deed and the Affidavit, we
are of the opinion that, as of October 13, 2000, record title to the Property was vested in DSR
Investments LLC, and that title to the Property is free and clear of all encumbrances, except for:
1. The lien of real estate taxes and installments of special assessments payable in
2001 and subsequent years;
2. Any judgments or tax liens against, or bankruptcy proceedings involving, DSR
Investments LLC;
3. Rights of the public, the State of Minnesota and 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 Dickeys Lake;
4. Rights, if any, of any riparian owners and of the public to use the surface, sub-
surface, and bed of Dickeys Lake; and
5. Any adverse claims based on the assertion that the bed of Dickeys Lake has
changed.
Very: ruly yours,
JLW/tjp
Enclosures
~
cc: DSR Investments LLC
373345/1
·-· :;
Form No. l•M • WARRANTY DEED
Jndividual(s) ID lndividual(s)
sfer entered; Certifica
of Real Estate Value ( · ) filed ( ) not required
c~,r.~teoifir3k
(Date)
DE TAX DUE: S (-7{,'i • (J{}
Date: __ .,.S,e....,..~.e...a.OLIJ..,bii(...,.___,,<.,~,1-'2.00l)--=:::..,r_
&o~~Lf
Minnaola Uniform Conveyance Blanks (6/1197}
OfflCE or COUIITY RECDRDEn
ll[llliEPIH COlllllY, tlllli.ESOfA
CERTIFIED fllED AHO OR
. Rf.COllOED OH
OOOCT 13 AHIO: 38
E1!4t-8:~?,
:_~OE?UT
(reserved for recording data)
FOR VALUABLE CONSIDERATION, George A. Johnson and Gloria J. Johnson, husband and
wife
Grantor(s) hereby convey(s) and warrant(s) to .!D::::S:!:R:.....::I;;n:.:.v.:::e~st::;m~en=t:..::s:.....::LL=C'--------------
----------------------,-------------' Grantee(s), real property in -=.:H:=e=-:nn=ep=in:..:._ _____ County, Minnesota, descnl>ed as follows:
See Attached
Henn Co SDT
JMAA4416
09/25/2001)
Paid :$1,768,00
PIO: 27-ll&-23-34-0004/27-ll&-23-34-0003 ~ _
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions:
Building and zoning laws, ordinances, state and federal regulations; Restrictions
relating to use or improvement of the property without effective forfeiture
provisions; Reservation of any mineral rights by the State of Minnesota; Utility and
drainage easements which do not interfere with existing improvements.
Check box if applicable
D The Seller certifies that the seller docs not .know of any wells on the dcscnoed real property.
X A well disclosure certificate accompanies this document.
D I am familiar with the property described in this instrument and I
described real property have not changed since the last previous!
(Affut Deed Tax Stamp Here)
STATE OF MINNESOTA
COUNTY OF Hennepin
)
) ss.
)
The foregoing was acknowledged before me this _..,{a"--.,.d,...4.U-,ii..,..,.....Se .... ""~~C!->:l~..,,.=:;...---2_0_0.....,o,
byGeorge A. Johnson and Gloria J. Johnson, husband and wife
NOTARJAL STAMP (?R SEAL (OR OTHER TITLE OR RANK)
.--~~·;:··:,_ •. SHELLY M. SOLUM BULLOCK
( ~ ~ ,,o•o• · • !;. : • MIIINESOTA
··-:t✓,{ .... :· · '-: ... J•• 31.2005
~JN=-¥~-h.1 AS DRAFTED BY (NAME & ADDRESS)
201 E. Lake St. 2nd Fl.
Wayzata, MN 55391
00-17364
193479h 06007510
Check hen, if part or all of the land is Regutered (Torm11) D
Tax Slalomenl:! for lhe nw propc,ty described in this in.stnunent should be
sent to (Include nanu: ond address of Grantee):
DSR Investments LLC
2.001 SUAA,ll"WOOdS.~. ✓ an lilH ~a nei:1'h
Long Lake, MN 55356
r -
The East 253 feet of the North 198 feet of the South 248 feet of
~ that part of the Southeast 1/4 of the Southwest 1/4 of Section 27,
Township 118 North, Range 23, west of the 5th principal Meridian,
described as follows: Beginning at a point on the East line of said
Southeast 1/4 of the Southwest 1/4 distant 354.75 feet North of the
Southeast corner of said Southeast 1/4 of the Southwest 1/4; thence
North along said East line 635.25 feet; thence West parallel with
the South line of said Southeast 1/4 of the Southwest 1/4 a distance
of 990 feet; thence South parallel with said East line 635.25 feet;
thence East to the point of beginning,
and
The South 248 feet of that part of the southeast l/4 of the
Southwest 1/4 of Section 27, Township 118 North, Range 23 West of
the 5th principal Meridian, described as follows: Beginning at a
point on the East line of said Southeast l/4 of the Southwest l/4
distant 354.75 feet North of the Southeast corner of said Southeast
1/4 of the southwest 1/4; thence North along said East line a
distance of 635.25 feet; thence West parallel with the South line of
said Southeast 1/4 of the Southwest l/4 a distance of 990 feet;
thence South parallel with said East line a distance of 635.25 feet;
thence East to the point of beginning, except the East 253 feet of
the North 198 feet of said South 248 feet.
Records of Hennepin County, Minnesota.
Abstract Property.
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY, August 27, 2001
ZONING ADMINISTRATOR'S REPORT
*(#3) #2615 DSR INVESTMENTS, L.L.C., 879 BROWN ROAD NORTH -EXTENSION OF
SUBDIVISION APPROVAL-REARRANGEMENT OF A COMMON PROPERTY LINE -
RESOLUTION NO. 4681
White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4681, a Resolution
Granting an Extension of Approval for Rearrangement of a Co.mmon Property Line for
the property located at 879 Brown Road North. VOTE: Ayes 5, Nays 0.
*(#4) #2640/2641 DUNBAR DEVELOPMENT, 2060 WAYZATA BOULEY ARD -EXTEND
CONCEPT PLAN APPROVAL -RESOLUTION NO. 4682
White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4682, a Resolution
Extending the Effective Period of General Concept Plan Approval for Orono Ambar, L.L.C.,
at 2060 Wayzata Boulevard as Granted in Resolution No. 4619. VOTE: Ayes 5, Nays 0.
(#5) #01-2691 J. ERIC AND CHRISTINE MENGE, 340 TURNHAM ROAD -
VARIANCES
White moved, Flint seconded, to table Application #01-2691, J. Eric and Christine Menge,
340 Turnham Road, to give the Applicants time to submit a new septic system design.
VOTE: Ayes 5, Nays 0.
*(#6) #01-2693 DAVID AND MARYANN MAISER, 2700 SHADYWOOD ROAD-
Y ARIANCES -RESOLUTION NO. 4683
White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4683, a
Resolution Granting Variances to permit an alteration to existing hardcover and new
structure within 75' of the OHWL of Lake Minnetonka and variances to permit a two
foot encroachment into the sideyard adjacent to street setback to permit construction of a three
season porch on the south side of the residence located at 2700 Shadywood Road.
VOTE: Ayes 5, Nays 0.
*(#7) #01-2704 THOMAS AND JENNIFER GRAHAM, 1065 TAMARACK DRIVE-FINAL
PLAT OF UNDERHILL FARMS SECOND ADDITION -RESOLUTION NO. 4684
White moved, Flint seconded, to approve and adopt RESOLUTION NO. 4684, a Resolution
Approving the Plat of Underhill Farms Second Addition. VOTE: Ayes 5, Nays 0.
Page4
ORONO CITY COUNCIL MEETING
MONDAY, OCTOBER 9, 2000
*9. #2612 Donald MacMillan, 2550 Fox Street-Variance-Resolution No. 4533
Kelley moved, and Peterson seconded, to adopt Resolution No. 4533 granting a
variance to Municipal Zoning Code Section 10.03, Subdivision 9(C), to permit the
construction of an oversized accessory structure on the lot with a maximum foot
print of 1,600 square feet and Municipal Zoning Code Section 10 .03, Subdivision
9(D) to permit the construction of an oversized accessory structure closer to the
street lot line than the residence.
Vote: Ayes 3, Nays 0.
*10. #2615 George Stickney, 879 Brown Road North-Lot Line Rearrangement--
Resolution No. 4534
Kelley moved, and Peterson seconded, to adopt Resolution No. 4534 approving a
subdivision of a lot line rearrangement for property located at 879 Brown Road
North.
Vote: Ayes 3, Nays 0.
11. #2616 Minnetonka Center for the Arts, 2240 North Shore Drive-Conditional
Use Permit
Weinberger stated that the Minnetonka Center for the Arts has proposed to construct a
new facility on their property located at 2240 North Shore Drive. They need a new
building because: their enrollment and attendance have steadily increased and they have
outgrown the existing building; the existing building has structural problems with the
foundation and the roof; the mechanical systems are out of date ; anci it contains asbestos
and lead paint.
The proposed building would be constructed north of the existing building, and upon
completion, the old building would be removed. During construction, the existing
building would remain in use until the new building is completed.
The Planning Commission discussed the construction schedule and how the property
would function during construction. They would want all construction traffic to use
North Shore Drive and not any residential streets . The "cooling tower" requires a
conditional use permit to allow it to exceed 30 feet in height. The Arts Center has
proposed a crushed rock material for its parking lots , instead of a bituminous surface. A
stormwater management pond would be located in the northwest comer of the property.
The service entrance would be on the west side of the building, and trash receptacles
would be screened. The east parking lot should be screened, and possibly fenced, to
provide a buffer between it and the Hill School.
Chair of the Building Committee Julie Halquist, Minnetrista, and Executive Director
Roxanne Heeley, Plymouth, were present with their architect, James Dayton, and
6
Application Date:
Deadline:
8/23/00
12/21/00
REQUEST FOR COUNCIL ACTION
DATE: October 4, 2000
ITEMNO.: /D
Department Approval: Administrator Reviewed: Agenda Section:
Name Paul Weinberger
Title Zoning Administrator
Item Description: #2615 George Stickney
879 Brown Road North
Lot Line Rearrangement
Zoning
Zoning District: RR-1B One Family Lakeshore Residential District (2 acre)
List of Exhibits:
A Resolution
B Site Plan
C Planning Commission Minutes (September 18, 2000)
D Planning Report (September 13, 2000)
Application Review:
Lot Area: (Existing)
Lot Area: (Proposed)
Parcel 1
Parcel 2
Parcel 1
Parcel 2
Required Minimum Lot Size
1.00 acre
4.45 acres
2.46 acres
1.10 acre
4.35 acres
2.36 acres
2.00 acres
( excluding wetlands and areas below
the OHWL of Dickey Lake)
( excluding wetlands and areas below
the OHWL of Dickey Lake)
Summary of Request: The applicants have requested a rearrangement of a common property line
for properties located at 879 Brown Road North. The properties have been under common
ownership for many years. Parcel 1 would remain a residential parcel less than the required
minimum lot size for properties in the RR-1 B district, however the size of the parcel would increase
by about 4,300 s.f. The existing residence would meet setback standards for lots in the zoning
district.
Request for Council Action continued
Page 2
October 4, 2000
#2615 George Stickney
Parcel 2 is an existing 4.5 acre parcel. About 2 acres of the parcel are located below the OHWL of
Dickey Lake or are designated as wetland. Lot area does not include those areas that are designated
as Dickey Lake or have been determined to be wetlands. The total existing lot size is 2.46 acres.
This would be reduced as 4,300 s.f. of land would be transferred to Parcel 1. The request would
include approval for sewer connection to the site. The 2000 Comprehensive Plan has designated the
property part of the MUSA expansion area, which would allow sewer service to the property.
Planning Commission Recommendation:
The Planning Commission Recommended 7 to O to approve the request as submitted.
COUNCIL ACTION REQUESTED
Motion to adopt or amend the resolution approving a lot line rearrangement for George Stickney for property
located at 879 Brown Road North (Exhibit A).
A RESOLUTION APPROVING A SUBDIVISION
OF A LOT LINE REARRANGEMENT FOR PROPERTY
LOCATED AT 879 BROWN ROAD NORTH
FILE NO. 2615
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted subdivision regulations for the orderly, economic and safe development of land within
the City; and
WHEREAS, the City Council has considered the application for a subdivision of
a lot line rearrangement by George Stickney on behalf of DSR Investments, L.L.C., Derek Read
and Shannon Read (hereinafter "the subdividers") of properties legally described as:
attached "Exhibit A" (hereinafter "the properties")
to be rearranged by transferring of properties new legal descriptions as:
attached "Exhibit B"
WHEREAS, After due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on September 18, 2000, at which time all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the subdividers have completed requirements of the City for a
subdivision to rearrange the property lines between the properties .
WHEREAS, At their regular meeting held on October 9, 2000, the Orono City
Council considered the subdivision application of George Stickney on behalf of Derek Read and
Shannon Read, noting the following findings of fact:
1. The property is located within the RR-lB, Single Family Rural Residential District
requiring a minimum of 2 acres lot area. The existing lots are as follows :
Page 1 of 8
Lot Area: Parcel 1
Parcel 2
1.00 acre
4.45 acres
2.46 acres ( excluding wetlands and areas below
the OHWL of Dickey Lake)
2. The subdividers have proposed a lot line rearrangement creating two lots meeting
the following:
Lot Area: Parcel 1
Parcel 2
1.10 acre
4.35 acres
2.36 acres ( excluding wetlands and areas below
the OHWL of Dickey Lake)
3. The lots meet the intent of the Comprehensive Plan of the City of Orono by not
allowing additional building sites not meeting the permitted density. Parcel 2 would
remain over two acres as guided by the Comprehensive Plan and Municipal Zoning Code.
4. The request for a lot line rearrangement will not create additional lots.
5. Parcel 1 is developed as a residential property and Parcel 2 is a vacant property.
6. Parcel 2 extends into Dickey Lake, parcel 2 could be considered as a lakeshore
lot, meeting the 200' width requirement both at the shoreline and the at the 150'
setback for the Natural Environment Lake. Parcel 2 would be reduced from a 50'
lot width to 30' at its lot line abutting Brown Road. Parcel 1 currently does not
meet the minimum 200' lot width at Brown Road North. Rearrangement of the
common property line would create a conforming lot width of 218' for Parcel 1.
7. Because the lot line rearrangement is not a subdivision a plat is not required.
Applying front/back lot standards would require a 30' corridor to Parcel 2 and 3. 00
acres. The lot has proposed a 30' driveway corridor and would result in a lot more
than 3. 00 acres when adding the areas that are to be dedicated as drainage
easements to the dry buildable portion of the property.
8. Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and
a protected tributary located along the north property line of Parcel 1. Dickey's
Lake Creek has been identified as a protected waterway and requires a 75' setback
for structure and hardcover.
Page 2 of 8
9. A 300' shore land protection area has been established around protected tributaries.
The 300' would allow O % hardcover within 7 5' of the high water level of the
creek, 25 % hardcover between 75-250' from the creek and 30% from 250-300'.
10. The existing house would not require variances for its location. The survey,
attached "Exhibit C", indicates the house does meet required setbacks. The new
property line allows the house to expand to the flat area northwest of the structure.
The property owner should be advised new construction would require variances
for lot area since the lot is under the two acre minimum lot size for the district.
11. Development of Parcel 2 would require the Council approving sewer connection
to the property. The proposed Comprehensive Plan would bring both Parcels into
the MUSA allowing for the provision of sewer service to the site. The City
Council has recently approved sewer connection for the developed property. The
lot had a septic system that was non-compliant and no alternate sites were available
due to the size of the lot and creek north of the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono
hereby approves the lot line rearrangement of the above referenced property by the subdividers
as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Coffin and
Gronberg, Inc. , a registered Land Surveyor and Civil Engineer, dated September 6, 2000, attached
Exhibit "C", and grants a variance to Municipal Code Section 10.28, Subdivision 5 (B) to permit
Parcel 2 to be a "RECORD LOT" and are granted variances from the zoning chapter requirements
for lot width. The approval is subject to the following conditions:
1. Applicant shall dedicate drainage and utility easement 10' along exterior property
lines and 5' along interior property lines.
2. Applicant shall provide to the City any documentation relating to easements on both
properties.
3. 3 original surveys of the survey completed by a licensed surveyor in the State of
Minnesota shall be submitted, with signature blocks for final recording of the new
property line.
4. Drainage easement shall be recorded for the property below the 985.5' OHWL of
Dickey Lake and over City protected wetlands.
Page 3 of 8
5. A title opinion addressed to the City shall be submitted by the property owners,
and shall be in a format acceptable to the City Attorney.
6. Accessory buildings shall be relocated to conform with Zoning Standards prior to
recording the new legal descriptions of the property.
7. A variance shall be granted creating a "RECORD LOT" for Parcel 2.
8. The aforesaid division shown on the attached Certificate of Survey shall be filed by
the City of Orono with either the Hennepin County Recorder's Office or Registrar
of Titles Office on or before April 9, 2001 together with a certified original copy
of this resolution.
9. The City of Orono shall not issue a building permit for improvements to either of
the new parcels prior to recording the subdivision.
10. The approval granted by this resolution shall expire if the division has not been
filed by the date specified above. In that event, a new application shall be required
for the City of Orono review.
LEGAL DOCUMENTS required:
a) Title Opinions addressed to the City. All owners, mortgage holders or others with
property interest indicated therein shall sign the plat and all other documents affected by
such interest.
b) The subdivider must provide certified copies of all recorded easements currently
affecting the property.
c) Three Copies of Certificate of Survey for filing with Hennepin County.
d) Drainage and Utility Easements documents.
Page 4 of 8
Adopted by the City Council of Orono, Minnesota this 9th day of October, 2000.
ATTEST:
Linda S. Vee, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Gabriel Jabbour, Mayor
The foregoing instrument was acknowledged before me on this 9th day of October, 2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 5 of 8
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"Exhibit A" .
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J 98 feet of.said South 2-48 feet. · · · : . , ,. · · · · · ·
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Page 6 of 8 .
"Exhibit B"
Page 7 of 8
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PROPOSED LOT LINE REARRANGEMENT
& CERTIFICATE OF SURVEY fOR
GEORGE STICKNEY
IN THE SE 1/4 OF THE SW 1/4 Of SEC. 27-118-23"
HENNEPIN COUNTY, MINNESOTA
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Henn. Co. mon. at S 1/4 corner of Sec. 27,
lw'k 1~!.! :r1i3,)X· i: tih fi/l ,'
.IN iTHE
___ East line of SE 1/4,
SW 1/4. Sec. 27
PRO.POSED LOT LINE REARRANGEMENT
OF SURVEY FOR·
SE
& CERTIFICATE
GEORGE STICKNEY
THE SW 1/4 OF SEC. 1/4 OF
HENNEPIN COUNTY, MINNESOTA
:::xisr~G LEGAL D~.SChlt:.,_,_'c..,"
Parcel 1
27-118-23
The East 253 feet of the North 198 feet of the South 248 feet of that part o~· the Soutt1east
Quarter of the Southwe'>t Quarter of Section 27, Township 118 North,. Range-23. \\ e·,i '
the 5i:h principal Meridian, described <L'> foliows. Beginning at a DOinr on the Eest i~':'"
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and
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The South 2-t& feet of that pa;t c.fthe Som:hc;ast Quarter cf the Southwest Qu:.irter of
Section 27, Tov-.'llship 118 North, Range 23 West of the 5th p1iucipaI Meridian, described
as follows: Beginning at a point en the East line of said Southeast Q•Jartcr of the
Southwest Quarter distant 354.75 feet North of the South~ cor-uer of sai,.1 ~outhe:ist
Quarter of the Southwest Quarter: thence North along said East Une a dista.n:::e of 63 5 .25
feet; thMce West parallel with the South line ufsaid Southeast Qu;\rter of the Southwest
Quarter a distance of99f) feet; thence South i:-rrallel wit! : lid East line-a distance of
635.25 feet; thence East to the point ofbegi1ming., except che East 253 feet of the North
198 feet of said South 248 feet
o: denotes iron marker
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MJNUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
SCHEDULED PUBLIC HEARINGS
(#5) #2615 GEORGE AND GLORIA JOHNSON, 879 BROWN ROAD NORTH, LOT
LINE REARRANGEMENT, 7:50 p.m. -8:08 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
George Stickney, Developer, and George Johnson , Applicant, were present.
Weinberger stated the Applicants are requesting a rearrangement of a common property line
for properties located at 879 Brown Road North . The properties have been under common
ownership for many years . Lot 1 would remain a residential parcel less than the required
minimum lot size for properties in the RR-lB district, with the lot line rearrangement resulting
in an increase of Lot 1 by about 4,300 square feet to make it 1.1 acres .
Weinberger stated the City Council did approve in 1997 sewer connection to Lot 2. Lot 2
would be decreased from 4.45 acres to 4.35 acres, with Lot 2 being the larger, undeveloped
lot located to the rear of the property. Weinberger noted a good portion of Lot 2 is located
below the high water level of Dickey Lake.
Weinberger indicated the proposed revision narrows the frontage for Lot 2 along Brown Road
from 50 feet to 30 feet, with a 30 foot platted outlot being required for front/back lot
subdivisions when providing for driveway purposes only. Weinberger noted Lot 2's status as
a flag lot would not change .
Weinberger stated a creek draining Dickey Lake exists along the north property line, with the
Creek being defined as a protected waterway and requires a 75 foot setback for structure and
hardcover. The property also requires a 50 foot rear yard setback in this zoning district. By
rearranging the lot line, the makes more of Lot 2 developable in the future as well as allowing
a 30 foot corridor. Both parcels are subject to hardcover restrictions, with an adequate building
PAGE 16
C
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
site being available for Lot 2. Weinberger noted Dickey Lake has been classified as a Natural
Environment Lake and requires a 150 foot setback for structure and hardcover.
Weinberger stated benefits from the lot line rearrangement result in Lot l being able to meet
the 200 foot minimum frontage along Brown Road, which it currently does not, and also
maintain the two acre density on the rear property.
City Staff is recommending approval of the lot line rearrangement as proposed subject to the
following conditions:
1. Applicant shall dedicate drainage and utility easement ten feet along exterior property
lines and five feet along interior property lines.
2. Applicant shall provide to the City any documentation relating to easements on both
properties.
3. Prior to City Council review three original copies of the survey completed by a licensed
surveyor in the State of Minnesota shall be submitted, with signature blocks.
4. Drainage easement shall be recorded for the property below the 985.5 feet OHWL of
Dickey Lake and over City protected wetlands.
5. Prior to Council review a title opinion addressed to the City shall be submitted by the
property owners.
6. Accessory buildings shall be relocated to conform with Zoning Standards.
Stickney stated the lot line rearrangement allows for the small lot to be made slightly bigger and
to be oriented in the right direction. Stickney noted the creek provides a natural buffer between
the two lots, with the lot line rearrangement enabling the properties to achieve the proper
setbacks.
Connie Gray, 819 Brown Road North, inquired whether any of Orono's Ordinances would
PAGE 17
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
require a shared driveway to these two lots.
Weinberger stated City ordinances do not prohibit a shared driveway but it is a decision the
property owner would make. Weinberger stated any driveway would need to be located five
feet off the property line.
Stickney indicated they do not have any plans at this time to develop Lot 2. Stickney stated
There are a number of trees along the property line which would shield the driveway.
Hawn commented she does not have a problem with this application.
Lindquist moved, Berg seconded, to recommend approval of Application #2615,
George and Gloria Johnson, 879 Brown Road North, Lot Line Rearrangement, subject
to the conditions outlined in the September 13, 2000 Planner's Report.
VOTE: Ayes 7, Nays 0.
(#6) #2616 MINNETONKA CENTER FOR THE ARTS, 2240 NORTH SHORE DRIVE,
CONDITIONAL USE PERMIT, 8:09 p.m. -·9:20 p.m.
The Certificate of Mailing and Affidavit of Publication were noted.
Jim Dayton, Tom Oslund, Gary Gleason, Roxanne Heaton, and Julie Holmquist were present on
behalf of the Minnetonka Center for the Arts.
Weinberger stated the Applicant is proposing to construct a new facility on their property
located at 2240 North Shore Drive. The property has been used as an Arts Center since 1978.
The Applicant has indicated they need a new building due to increases in enrollment and
attendance over the years. The existing building has structural problems with the foundation
and the roof, with the mechanical systems being out of date. Hazards such as asbestos and
lead paint are also present in the existing building.
PAGE 18
Application Date:
120 Day Deadline:
8/23/00
12/21/00
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM:
DATE:
SUBJECT:
Paul Weinberger, Zoning Administrator/Planner
September 13, 2000
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Zoning District: RR-lB One Family Rural Residential District (2 acre)
Lot Area: (Existing)
Lot Area: (Proposed)
Parcell
Parcel 2
Parcell
Parcel 2
Required Minimum Lot Size
List of Exhibits
A Application
B Plat Map
C Site Survey
D Resolution No. 3982
E Property Owners Notification List
1.00 acre
4.45 acres
2.46 acres
1.10 acre
4.35 acres
2.36 acres
2.00 acres
( excluding wetlands and areas below
the OHWL of Dickey Lake)
( excluding wetlands and areas below
the OHWL of Dickey Lake)
Summary of Request: The applicants have requested a rearrangement of a common property line
for properties located at 879 Brown Road North. The properties have been under common
ownership for many years. Parcel 1 would remain a residential parcel less than the required
minimum lot size for properties in the RR-1 B district, however the size of the parcel would increase
by about 4,300 s.f. The existing residence would meet setback standards for lots in the zoning
district.
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Page I
Parcel 2 is an existing 4.5 acre parcel. About 2 acres of the parcel are located below the OHWL of
Dickey Lake or are designated as wetland. Lot area does not include those areas that are designated
as Dickey Lake or have been determined to be wetlands. The total existing lot size is 2.46 acres.
This would be reduced as 4,300 s.f. ofland would be transferred to Parcel 1.
Pertinent Ordinances:
1. Section 10.28, Subdivision 5 -Lot standards for RR-lB zoning district.
2. Section 10.56 -Shoreland Overlay District
a. Subdivision 16 (C) -Required setbacks for structures and septic systems from the
OHWL of a Natural Environment Lake.
Required= 150'
b. Subdivision 16 (L) -Hardcover restrictions. Both Lots 1 and 2 will be subject to the
hardcover regulations for the Shoreland Overlay District.
Hardcover Restrictions
Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and a protected tributary
located along the north property line of Parcel 1. Dickey's Lake Creek has been identified as a
protected waterway and requires a 75' setback for structure and hardcover. An original plan was
submitted in August that proposed a driveway access for Parcel 2 along the north side of Parcel 1.
Staff suggested the access should remain south of Parcel 1 to not disturb the creek. A driveway
along the north property line would have required grading and hardcover within the protected area
of the creek.
A 300' shoreland protection area has been established around protected tributaries. The 300' would
allow 0% hardcover within 75' of the high water level of the creek, 25% hardcover between 75-250'
from the creek and 30% from 250-300'.
Required Setbacks
Parcel 1
Front Yard= 50 feet
Side Yard 30 feet
Rear Yard = 5 0 feet
To protected tributary (north of property line)= 75 feet
Parcel 2
Front Yard = 50 feet
Side Yard = 50 feet
Lakeshore = 150 feet*
* Dickey Lake has been classified as a Natural Environment Lake and requires a 150' setback for
structure and hardcover
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Page 2
Discussion
The common property line would reduce the frontage for Parcel 2 along Brown Road from 50' to 30'.
A 30' platted outlot is required for front/back lot subdivisions when providing for driveway purposes
only. This application is not a plat, it is only rearranging a common lot line. Parcel 2's status as a
flag lot would not change.
An accessory structure has been located on Parcel 2. The new property line is shown to pass thru
the shed. Prior to recording the new legal descriptions the shed shall be removed or relocated to
Parcel 1. Several other small buildings would be relocated to Parcel 1 to meet the required 1 O'
setback for accessory structures.
The house would not require variances for its location. The site plan, attached, indicates the house
does meet required setbacks. The new property line allows the house to expand to the flat area
northwest of the structure. The property owner should be advised new construction would require
variances for lot area since the lot is under the two acre minimum lot size for the district.
Development of Parcel 2 would require the Council approving sewer connection to the property.
The proposed Comprehensive Plan would bring both Parcels into the MUSA allowing for the
provision of sewer service to the site. The City Council has recently approved sewer connection for
the developed property. The lot had a septic system that was non-compliant and no alternate sites
were available due to the size of the lot and creek north of the property.
Parcel 2 has been tested for septic to demonstrate 2 sites are available. The testing results have not
been provided to staff identifying the location. Although septic may be available, the property
owners will petition the Council for sewer before the Comprehensive Plan is approved by Met
Council.
Dickey Lake
Dickey Lake is a protected lake. The applicants shall provide a drainage easement over the property
below the 985.5' OHWL.and for the land above the 985.5' that is classified as wetland. Drainage
easements have been dedicated around Dickey Lake as the properties have developed. The wetland
boundaries have are shown on the survey. The boundary is at about the 986' contour.
Staff Recommendation
• Staff is recommending approval of the lot line rearrangement as proposed subject to the
following conditions:
1. Applicant shall dedicate drainage and utility easement 1 O' along exterior property
lines and 5' along interior property lines.
2. Applicant shall provide to the City any documentation relating to easements on both
properties.
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Page 3
3. Prior to City Council review 3 original surveys of the survey completed by a licensed
surveyor in the State of Minnesota shall be submitted, with signature blocks.
4. Drainage easement shall be recorded for the property below the 985.5' OHWL of
Dickey Lake and over City protected wetlands.
5. Prior to Council review a title opinion addressed to the City shall be submitted by the
property owners.
6. Accessory buildings shall be relocated to conform with Zoning Standards.
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Page 4
CITY OF ORONO -SUBDIVISION APPLICATION
PROPERTY LOCATION
Site address 8 7 9 A/1.-Sr J w ,rJ /Z c,{ .
Application # 2 Co 15
Date Received g -2 3-o o
Amount Paid .'p3.s:O
Property Identification Number (PID) -Z. 7 I/ F <-s 3 4 o 004 Q. -z. 7 / / ?7-3 J lj. o O O 3
Please check one -Property __ abstract or __ torrens?
Attach legal description to application.
APPLICANT r-J I
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Division for Tax Purposes
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East fine r.,f SE ---sw 1/'4-. Sec.
CITY of ORONO·
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 8 2
A RESOLUTION APPROVING A SE\VER CONNECTION AT
879 BROWN ROAD NORTH
ASP ART OF THE
NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION
SE\VER PROJECT
WHEREAS, the Metropolitan Council has approved up to 50 undefined sewer units for use
by the City for properties outside of the MUSA but adjacent to sewer lines; and
WHEREAS, the requirements regarding the 50 undefined units are that the property is
adjacent to a sewer line, that it is an existing residence, and that it has a failing or non-conforming
septic system; and ·
\VHEREAS, George Johnson has requested that his property at 879 Brown Road North be
provided with sewer service as part of the North Long Lake/Long Lake Country Club Addition
Sewer Project; and
\VHEREAS, the property at 879 Brown Road North meets the requirements for the use of
the 50 undefined units; and
\VHEREAS, the cost per unit for those properties participating in the sewer project has been
set at $13,950.00.
NO\V, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota that
the property at 879 Bro\vn Road North be provided with sewer service as part of the North Long·
Lake/Long Lake Country Club Addition Sewer Project, subject to the property being assessed in the
amount of $13,950.00.
Adopted by the City Council of Orono this 13th day of October, 1997.
ATTEST:
Page 1 of 1
D
RUN DATE 08/21/00
BATCH 551
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP. ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 27-118-23 31 0014
02145 SIXTH AVE N
DANIEL G & RUTH G MCPHERSON
DANIEL G & RUTH G MCPHERSON
2145 6TH AVE N
LONG LAKE MN 55356
38 27-118-23 33 0007
00744 DICKEY LAKE DR
G L PETTIS & A J PETTIS
GERALD L & ALICE J PETTIS
744 DICKEY LAKE DR
LONG LAKE MN 55356
38 27-118-23 34 0001
00925 BROWN RD N
LYLE P COX & WIFE
LYLE P COX
925 N BROWN RD
LONG LAKE MN 55356
38 27-118-23 34 0004
00879 BROWN RD N
GEORGE A JOHNSON & WIFE
GEORGE A JOHNSON
879 BROWN RD N
LONG LAKE HN 55356
38 27-118-23 34 0007
02095 SALEM CT
8 T LARKIN & SB LARKIN
BRIAN LARKIN & SUSAN LARKIN
2095 SALEM CT
LONG LAKE MN 55356
38 27-118-23 43 0023
00900 BROWN RD N
M & M ROBBINS
MARK W & MARIA ROBBINS
900 BROWN RD N
LONG LAKE MN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 27-118-23 32 0018
01000 COX FARM RD
TIMOTHY L WHITEIS
TIMOTHY L WHITEIS
1000 COX FARM RD
LONG LAKE MN 55356
38 27-118-23 33 0012
00980 COX FARM RD
SJ LEUSNER & J M LEUSNER
STEVEN J & JULIE M LEUSNER
980 COX FARM RD
LONG LAKE MN °55356
38 27-118-23 34 0002
00915 BROWN RD N
THOMAS W LANE & WIFE
THOMAS W LANE
915 BROWN RD NO
LONG LAKE MN 55356
38 27-118-23 34 0005
00819 BROWN RD N
STEVEN GUY GRAY
STEVEN GUY GRAV
819 BROWN RD N
LONG LAKE MN 55356
38 27-118-23 ~3 0013
01995 WEST FARM RD
R L PARRISH & CJ PARRISH
RICHARD L PARRISH
1995 WEST FARM RD
LONG LAKE MN 55356
38 27-118-23 43 0024
00038 ADDRESS UNASSIGNED
THE FARM AT LONG LAKE
THE FARHAT LONG LAKE PTNSHP
C/0 TIMOTHY ADAMS
1810 WEST FARM ROAD
LONG LAKE MN 55356
REPORT NO. PI435401
PAGE 19
38 27-118-23 33 0006
00736 DICKEY LAKE DR
MARIAN M HOYT
MARIAN M HOYT
736 DICKEY LAKE DR
LONG LAKE MN 55356
38 27-118-23 33 0021
00850 WILLOW DR N
TD CARLSON & J A CARLSON
THOMAS D & JANE A CARLSON
4505 EDINA BLVD
EDINA MN 55424
38 27-118-23 34 0003
00038 ADDRESS UNASSIGNED
GA & G J JOHNSON
GEO JOHNSON
879 N BROWN RD
LONG LAKE MN 55356
38 27-118-23, 34 0006
00809 BROWN RD N
LESLIE N BARRY
LESLIE N BARRY
15615 16TH AVE N ·
PLYMOUTH MN 55447
38 27-118-23 43 0022
01990 WEST FARM RD
A & M BRACHMAN
ARMAND E & MARV A BRACHMAN
1990 WEST FARM RD
LONG LAKE MN 55356
38 27-118-23 43 0025
00960 BROWN RD N
CHARLES CLAYT TABOR
CHARLES CLAVT TABOR
960 BROWN RD N
LONG LAKE MN 55356
0 1~;;}
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\ftl
RUN DATE 08/21/00
BATCH 551
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 34-118-23 22 0004
00730 DICKEY LAKE DR
J.D RICK & J H RICK
JONATHAN D RICK
730 DICKEY LAKE DR
LONG LAKE MN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
TOTAL BATCH 551 00019
~ ½'1 NJ ,c;::,,,, ~t::: ~·' /} ,~
··~,"' ., if:1 k'r '!.> t, 1n~ .. t i
C ,,;,:.\
lij'.J~L"':D.I
REPORT NO. PI43540l
PAGE 20
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. . ~ , . .
DATE f-.,-Jg{OBY /, f:nd Sa allr¢(t
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MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
(#2596 Brenshell Homes, Continued)
Ha\vn requested the wetland delineation report be included in whatever information is provided
to the City Council for their review .
SCHEDULED PUBLIC HEARINGS
(#5) #2615 GEORGE STICKNEY ON BEHALF OF GEORGE AND GLORIA JOHNSON,
879 BROWN ROAD NORTH, LOT LINE REARRANGEMENT, 7:50 p.m. -8:08 p.m.
The Certificate of Mailing and Affidavit of Publication were noted .
George Stickney, Developer, and George Johnson, Applicant, were present.
Weinberger stated the Applicants are requesting a rearrangement of a common property line
for properties located at 879 Brown Road North. The properties have been under common
ownership for many years. Lot 1 would remain a residential parcel less than the required
minimum lot size for properties in the RR-lB district, with the lot line rearrangement resulting
in an increase of Lot 1 by about 4,300 square feet to make it 1.1 acres .
Weinberger stated the City Council did approve in 1997 sewer connection to Lot 2 . Lot 2
would be decreased from 4.45 acres to 4.35 acres, \vith Lot 2 being the larger, undeveloped
lot located to the rear oftlie:p rdperty. Weinberger noted a good portion of Lot 2 is located
below the high water level of Dickey Lake .
Weinberger indicated the proposed revision narrows the frontage for Lot 2 along Brown Road
from 50 feet to 30 feet , with a 30 foot platted outlot being required for front/back lot
subdivisions when providing for driveway purposes only. Weinberger noted Lot 2's status as
a flag lot would not change .
Weinberger stated a creek draining Dickey Lake exists along the north property line, \vith the
creek being defined as a protected waterway and requires a 75 foot setback for structure and
hardcover. The property also requires a 50 foot rear yard setback in this zoning district. By
rearranging the lot line, this makes more of Lot 2 developable in the future as well as allowing
a 30 foot corridor. Both parcels are subject to hardcover restrictions, with an adequate building
site being available for Lot 2. Weinberger noted Dickey Lake has been classified as a _Natural
Environment Lake and requires a 150 foot setback for structure and hardcover.
Weinberger stated benefits from the lot line rearrangement result in Lot 1 being able to meet
the 200 foot minimum frontage along Bro\\TI Road, which it currently does not, and also
maintain the two acre density on the rear property.
City Staff is recommending approval of the lot line rearrangement as proposed subject to the
follo\ving conditions:
I . Applicant shall dedicate drainage and utility easement ten feet along e:\.1erior property
lines and five feet along interior property lines .
PAGE 10
MINUTES OF THE
ORONO PLANNING COMMISSION MEETING
SEPTEMBER 18, 2000
(#2615 George Johnson, Continued)
2 . Applicant shall provide to the City any documentation relating to easements on both
properties .
3. Prior to City Council review three original copies of the survey completed by a licensed
surveyor in the State of Minnesota shall be submitted, with signature blocks.
4. Drainage easement shall be recorded for the property below the 985 .5 feet OHWL of
Dickey Lake and over City protected wetlands.
5. Prior to Council review a title opinion addressed to the City shall be submitted by the
property owners.
6. Accessory buildings shall be relocated to conform with Zoning Standards.
Stickney stated the lot line rearrangement allows for the small lot to be made slightly bigger and
to be oriented in the right direction. Stickney noted the creek provides a natural buffer between
the nvo lots, with the lot line rearrangement enabling the properties to achieve the proper
setbacks .
Connie Gray, 819 Brown Road North, inquired whether any of Orono's Ordinances would
require a shared driveway to these two lots. ·
Weinberger stated City ordinances do not prohibit a shared driveway but it is a decision the
property owner would make. Weinberger stated any driveway would need to be located five
feet off the property line .
Stickney indicated they do not have any plans at this time to develop Lot 2. Stickney stated
there are a number of trees along the property line which would shield the driveway.
Hawn commented she doe~ not have a problem with this application .
Lindquist moved, Berg seconded, to recommend approval of Application #2615,
George and Gloria Johnson, 879 Brown Road North, Lot Line Rearrangement, subject
to the conditions outlined in the September 13, 2000 Planner's Report.
VOTE: Ayes _ 7, Nays 0 ..
VE,
PAGE 11
· ..
• --r:,:=:,. •••
Application Date:
120 Day Deadline:
8/23/00
12/21/00
TO: Chair Hawn and Orono Planning Commission Members
Ron Moorse, City Administrator
FROM:
DATE:
SUBJECT:
Paul Weinberger, Zoning Administrator/Planner
September 13, 2000
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Zoning District: RR-lB One Family Rural Residential District (2 acre)
Lot Area: (Existing)
Lot Area: (Proposed)
Parcel 1
Parcel 2
Parcel 1
Parcel 2
Required Minimum Lot Size
List of Exhibits
A Application
B Plat Map
C Site Survey
D Resolution No. 3982
E Property Owners Notification List
1.00 acre
4.45 acres
2.46 acres
1.10 acre
4.35 acres
2.36 acres
2.00 acres
( excluding wetlands and areas below
the OHWL of Dickey Lake)
( excluding wetlands and areas below
the OHWL of Dickey Lake)
Summary of Request: The applicants have requested a rearrangement of a common property line
for properties located at 879 Brown Road North. The properties have been under common
ownership for many years. Parcel 1 would remain a residential parcel less than the required
minimum lot size for properties in the RR-1 B district, however the size of the parcel would increase
by about 4,300 s.f. The existing residence would meet setback standards for lots in the zoning
district.
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Page 1
Parcel 2 is an existing 4.5 acre parcel. About 2 acres of the parcel are located below the OHWL of
Dickey Lake or are designated as wetland. Lot area does not include those areas that are designated
as Dickey Lake or have been determined to be wetlands. The total existing lot size is 2.46 acres.
This would be reduced as 4,300 s.f. of land would be transferred to Parcel 1.
Pertinent Ordinances:
1. Section 10.28, Subdivision 5 -Lot standards for RR-lB zoning district.
2. Section 10.56 -Shoreland Overlay District
a. Subdivision 16 (C) -Required setbacks for structures and septic systems from the
OHWL of a Natural Environment Lake.
Required = 150'
b. Subdivision 16 (L) -Hardcover restrictions. Both Lots 1 and 2 will be subject to the
hardcover regulations for the Shoreland Overlay District.
Hardcover Restrictions
Both Parcels 1 and 2 are subject to hardcover restrictions from Dickey Lake and a protected tributary
located along the north property line of Parcel 1. Dickey's Lake Creek has been identified as a
protected waterway and requires a 75' setback for structure and hardcover. An original plan was
submitted in August that proposed a driveway access for Parcel 2 along the north side of Parcel 1.
Staff suggested the access should remain south of Parcel 1 to not disturb the creek. A driveway
along the north property line would have required grading and hardcover within the protected area
of the creek.
A 300' shoreland protection area has been established around protected tributaries. The 300' would
allow 0% hardcover within 75' of the high water level of the creek, 25% hardcover between 75-250'
from the creek and 30% from 250-300'.
Required Setbacks
Parcel 1
Front Yard = 50 feet
Side Yard= 30feet
Rear Yard= 50 feet
To protected tributary (north of property line)= 75 feet
Parcel 2
Front Yard= 50 feet
Side Yard = 50 feet
Lakeshore = 150 feet*
* Dickey Lake has been classified as a Natural Environment Lake and requires a 150' setback for
structure and hardcover
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Page 2
Discussion
The common property line would reduce the frontage for Parcel 2 along Brown Road from 50' to 30'.
A 30' platted outlet is required for front/back lot subdivisions when providing for driveway purposes
only. This application is not a plat, it is only rearranging a common lot line. Parcel 2's status as a
flag lot would not change.
An accessory structure has been located on Parcel 2. The new property line is shown to pass thru
the shed. Prior to recording the new legal descriptions the shed shall be removed or relocated to
Parcel 1. Several other small buildings would be relocated to Parcel 1 to meet the required 1 O'
setback for accessory structures.
The house would not require variances for its location. The site plan, attached, indicates the house
does meet required setbacks. The new property line allows the house to expand to the flat area
northwest of the structure. The property owner should be advised new construction would require
variances for lot area since the lot is under the two acre minimum lot size for the district.
Development of Parcel 2 would require the Council approving sewer connection to the property.
The proposed Comprehensive Plan would bring both Parcels into the MUSA allowing for the
provision of sewer service to the site. The City Council has recently approved sewer connection for
the developed property. The lot had a septic system that was non-compliant and no alternate sites
were available due to the size of the lot and creek north of the property.
Parcel 2 has been tested for septic to demonstrate 2 sites are available. The testing results have not
been provided to staff identifying the location. Although septic may be available, the property
owners will petition the Council for sewer before the Comprehensive Plan is approved by Met
Council.
Dickey Lake
Dickey Lake is a protected lake. The applicants shall provide a drainage easement over the property
below the 985.5' OHWL.and for the land above the 985.5' that is classified as wetland. Drainage
easements have been dedicated around Dickey Lake as the properties have developed. The wetland
boundaries have are shown on the survey. The boundary is at about the 986' contour.
Staff Recommendation
• Staff is recommending approval of the lot line rearrangement as proposed subject to the
following conditions:
1. Applicant shall dedicate drainage and utility easement 1 O' along exterior property
lines and 5' along interior property lines.
2. Applicant shall provide to the City any documentation relating to easements on both
properties.
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement -Public Hearing
Page 3
3. Prior to City Council review 3 original surveys of the survey completed by a licensed
surveyor in the State of Minnesota shall be submitted, with signature blocks.
4. Drainage easement shall be recorded for the property below the 985.5' OHWL of
Dickey Lake and over City protected wetlands.
5. Prior to Council review a title opinion addressed to the City shall be submitted by the
property owners.
6. Accessory buildings shall be relocated to conform with Zoning Standards.
#2615 George and Gloria Johnson
879 Brown Road South
Lot Line Rearrangement-Public Hearing
Page 4
CITY OF ORONO -SUBDIVISION APPLICATION
PROPERTY LOCATION
Siteaddress &7 9 tJ1,, SowtJ f<.c,/.
Application # 2 Co 15
Date Received g -2 3-o o
Amount Paid $ 3 s O
Property Identification Number (PID) "'2. 7 1/E:c"3,31./ o 004 Q, -z. 7 / / ?-z. '3 3 '-/ o O O 3
Please check one -Property __ abstract or __ torrens?
Attach legal description to application.
APPLICANT r-J }
Name &~r~ lv, ~1 ,·e,/:1\ley
A-
-----=-....;,....-ero .......c...--,---=----,-......,.,L-:::-----------------
Address ----'~=\-_c..,_r o_C_" _"~.....;J,.c.,..,,1,.::...r..,_, /4"--, ..:::,.__,/2~r....:•------Phone (home) lf ""7S--L 7SS-
City Or,>~ o /1-;v,. Zip s-~--SJ6Phone (work) '17 t-J o c; <j
U\Y:NER (if different than applicant)
[T d hdo ;J Name t:;o r5 P 9 -C-/0 r ( o.
Address £ 7 ~ IVv G r·IJ w ,J
City Oro,-... Gt /Jev
/2-.cf Phone(home) '-J73-JcFl7
Zip ,f.lJ'..r{Phone (work) ___ _
( attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present use ( check)
Present Zoning District
PROPOSAL
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units ----Other (specify) ___ _
Division for Tax Purposes
✓ Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites ____ Existing Units
New Units
Proposed Gross Density
Minimum Lot Size
Proposed Use (check)
----
Total Units ----
____ Units per __ Acres
____ Sq. Ft. Dry Buildable Land
Residential ----
----Other (specify) ___ _
9
\
356.5
1 ~ (13)
74,18 105 a1.sa
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C
East r,r,e cl SE' --·sw 1/4. Sec.
CITY of ORONO·
RESOLUTION OF THE CITY COUNCIL
NO. 3 9 8 2
A RESOLUTION APPROVING A SE\VER CO1'1NECTION AT
879 BRO\VN ROAD NORTH
AS PART OF THE
NORTH LONG LAKE/LONG LAKE COUNTRY CLUB ADDITION
SE\VER PROJECT
\VHEREAS, the Metropolitan Council has approved up to 50 undefined sewer units for use
by the City for properties outside of the MUSA but adjacent to sewer lines; and
\VHEREAS, the requirements regarding the 50 undefined units are that the property is
adjacent to a sewer line, that it is an existing residence, and that it has a failing or non-conforming
septic system; and
\VHEREAS, George Johnson has requested that his property at 879 Bro\.Vn Road North be
provided '\\'ith sewer service as part of the North Long Lake/Long Lake Country Club Addition
Sewer Project; and
\VHEREAS, the property at 879 Brov.,n Road North meets the requirements for the use of
the 50 undefined units; and
\VHEREAS, the cost per unit for those properties participating in the sewer project has been
set at $13,950.00.
NO\V, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota that
the property at 879 Bro\vn Road North be provided with sewer service as part of the North Long·
Lake/Long Lake Country Club Addition Sewer Project, subject to the property being assessed in the
amount of $13,950.00.
Adopted by the City Council of Orono this 13th day of October, 1997.
ATTEST:
Page 1 of 1
D
RUN DATE 08/21/00
BATCH 551
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP. ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/AODR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAHE/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 27-118-23 31 0014
02145 SIXTH AVE N
DANIEL G & RUTH G MCPHERSON
.DANIEL G & RUTH G MCPHERSON
2l't5 6TH AVE N
LONG LAKE MN 55356
38 27-118-23 33 0007
00744 DICKEY LAKE DR
G L PETTIS & A J PETTIS
GERALD L & ALICE J PETTIS
744 DICKEY LAKE DR
LONG LAKE MN 55356
38 27-118-23 34 0001
00925 BROWN RD N
LYLE P COX & WIFE'
LYLE P COX
925 N BROWN RD
LONG LAKE MN 55356
38 27-118-23 34 0004
00879· BROWN RD N
GEORGE A JOHNSON & WIFE
GEORGE A JOHNSON
879 BROWN RD N
LONG LAKE MN 55356
38 27-118-23 34 0007
02095 SALEH CT
D T LARKIN & SB LARKIN
BRIAN LARKIN & SUSAN LARKIN
2095 SALEH CT
LONG LAKE HN 55356
38 27-118-23 43 0023
00900 BROWN RD N
H & M ROBBINS
HARK W & MARIA ROBBINS
900 BROWN RD N
LONG LAKE MN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 27-118-23 32 0018
01000 COX FARM RD
TIMOTHY L WHITEIS
TIMOTHY L WHITEIS
1000 COX FARM RD
LONG LAKE MN 55356
38 27-118-23 33 0012
00980 COX FARM RD
SJ LEUSNER & J M LEUSNER
STEVEN J & JULIE M LEUSNER
980 COX FARM RD
LONG LAKE MN '55356
38 27-118-23 34 0002
00915 BROWN RD N
THOMAS W LANE & WIFE
THOMAS W LANE
915 BROWN RD NO
LONG LAKE NN 55356
38 27-118-23 34 0005
00819 BROWN RD N
STEVEN GUY GRAY
STEVEN GUY GRAY
819 BROWN RD N
LONG LAKE NN 55356
38 27-118-23 ~3 0013
01995 WEST FARM RD
R L PARRISH & CJ PARRISH
RICHARD L PARRISH
1995 WEST FARM RD
LONG LAKE MN 55356
38 27-118-23 43 0024
00038 ADDRESS UNASSIGNED
THE FARM AT LONG LAKE
THE FARM AT LONG LAKE PTNSHP
C/0 TIMOTHY ADAMS
1810 WEST FARM ROAD
LONG LAKE NN 55356
#
REPORT NO. PI435401
PAGE 19
38 27-118-23 33 0006
00736 DICKEY LAKE DR
HARIAN N HOYT
HARIAN H HOYT
736 DICKEY LAKE DR
LONG LAKE HN 55356
38 27-118-23 33 0021
00850 WILLOW DR N
TD CARLSON & J A CARLSON
THOMAS D & JANE A CARLSON
4505 EDINA BLVD
EDINA MN 55424
38 27-118-23 34 0003
00038 ADDRESS UNASSIGNED
GA & G J JOHNSON
GEO JOHNSON
879 N BROWN RD
LONG LAKE MN 55356
38 27-118-23. 34 0006
00809. BROWN RD N
· LESLIE N BARRY
LESLIE N BARRY
15615 16TH AVE N ·
PLYMOUTH MN 55447
38 27-118-23 43 0022
01990 WEST FARM RD
A & M BRACHMAN
ARMAND E & NARY A BRACHMAN
1990 WEST FARM RD
LONG LAKE NN 55356
38 27-118-23 43 0025
00960 BROWN RD N
CHARLES CLAYT TABOR
CHARLES CLAYT TABOR
960 BROWN RD N
LONG LAKE HN 55356
0 /i~~::t·§
(\' ..... '{ .p;, 1-i}\
(;r ,'a t) 1 {;;j
r'"-.,;.;;;.,,. f{ Q:iJ.:.•~ .. ~l.J.1
~ ::;,~:fp
(; /$/ ,l4t.,_.jj(,,
\ftl
RUN DATE 08/21/00
BATCH 551
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 34-118-23 22 0004
00730 DICKEY LAKE DR
·JD RICK & J H RICK
JONATHAN D RICK
730 DICKEY LAKE DR
LONG LAKE MN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
TOTAL BATCH 551 00019
~LILO 'fl 1!/ ,,r.,,
71»\,,,,:!L.., ,,;_.,c.-,.
!/' .:-· 1/ ~
,·01>.1.:, §7 ~ .,':, ,.,
·•1·
{f;):~rlf.t~
!'.-,( :,,)
,·, .• ) ~ J.1 ~~ .... ..t1/
J
:? _:ii~,,
~~-..n,
REPORT NO. PI435401
PAGE 20
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
OF HY KNOWLEDGE AND BELIEF. -~ _ • _ _ _
DATE f-.,3,J-IOBY /, 7~d-Sa 12."'tlv/t
Application # 2 (o 15
Date Received g -2 3-o o
Amount Paid :f,, 3 s O
CITY OF ORONO -SUBDIVISION APPLICATION
PROPERTY LOCATION . 1
Site address ,-'/ 9 AA /!,£ 6 w"J /z ('~ .
Property Identification Number (PID) '27 1/fc:7~3'39 ooolf Q, -z_7 //K7-'3 3e1 oo 03
Please check one -Property __ abstract or __ torrens?
Attach legal description to application.
APPLICANT
Name ------"'--t;l----,.-'----,,...-.,,"--c-----------------
A d dress---"==----'-----';~'-'----'-'---'---'-------Phone (home) l( ')J--Z-7-.::,S::-
City {' ,·0 ""-o Zip ss:.JSEJ?hone (work) V7 /,-J t q if
0\-'VNER (if different than applicant) "' ,
Name &oI,·2 G · &-/or fr:;,, -,) I r. ) c d h/lJ al'
Address {J-,) q" /V'v /j rv w;J
City Oro"-W'. IJ&
;Z.. J Phone (home) l17 3-J cFl 7
Zip ,z:::a:r/Phone (work) ___ _
( attach list if more than one)
EXISTING LAND USE
Number of Tax Parcels
Development Size
Present use ( check)
Present Zoning District
PROPOSAL
Acres Dry Land
Acres Wet Land
Acres Total, all parcels
Residential; no. of units ___ _
Other (specify) ___ _
Division for Tax Purposes
✓ Lot Line Rearrangement Only (no new building sites)
Subdivision for New Building Sites
Number of Building Sites ____ Existing Units
New Units
Proposed Gross Density
Minimum Lot Size
Proposed Use ( check)
----Total Units ----
____ Units per __ Acres
____ Sq. Ft. Dry Buildable Land
Residential ----
----Other (specify) ___ _
9
MINIMUM MATERIAL REQUIRED FOR COMPLETE PRELIMINARY APPLICATION
I. Payment of fees (refer to "application fees" listed below.
2. Completed application form.
3. Preliminary plat information on Certificate of Survey.
4. Certified Property Owners List of owners within 350' (you must obtain this list from Hennepin County Department of Finance A-603
Govt. Center 348-3271).
5. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application.
Zoning Official's Signature___________________ Date ______________ _
MINIMUM MA TE RIAL REQUIRED FOR COMPLETE FINAL APPLICATION
1. Payment of fees (refer to Preliminary Subdivision Approval resolution and park fees if applicable).
2. Signed Certificate of Survey or mylar copies of formal plat.
3. Title opinion.
4. Easements, covenants, etc.
5. Developers Agreement and Letter of Credit.
Zoning Official's Signature___________________ Date ______________ _
I. APPLICATION FEES (Zoning Administrator to check [X] those which apply)
A. Application Base Fees:
Sketch Plan Review (Class I, II & III) $250.00
·, Subdivision of a Lot Line Rearrangement $350.00
Subdivision Application (Class I & II) $350.00
___ Preliminary Subdivision Application $375.00 + $25.00/lot (Class III & all non-residential)
___ Final Plat Application (Class III) $200.00
Legal Review and Filing:
___ Subdivision only $75.00
___ Subdivision w/easements and covenants min. $200.00
Park Fees (to be determined per Secdon 11.62)
Legal and Engineering Review Fees (as incurred)
Renewal of Class I and II Subdivision Application $200.00 (No change from original application)
Renewal of Class III, Preliminary Subdivision Application $200.00 (No change from original application)
Renewal of Final Class III Subdivision Application $150.00 (No change from original application)
B. Special Improvement Fees:
Proposed Private Roads $600.00 + $.50/lineal ft.; ___ lin. ft. x .50 = $ __ _
Proposed Public Roads $900.00 + $.50/lineal ft.; __ lin. ft. x .50 = $ __
Request for City to Accept Existing Private Road $900.00
___ Proposed Sanitary Sewer Main Extension $250.00 + $25/stub
___ Proposed Watermain Extension $250.00 + $25/stub
___ Proposed Storm Sewer System (excluding culverts) $200.00
___ On-Site System, Site Evaluation Review (applicable to rural subdivision applications)
$50.00/per lot x ___ new lots
C. Flexible Application Fees/Misc. Fees
___ Variance $220.00 ($50.00 per each additional variance)
___ Easement Vacation Associated with Subdivision $100.00
___ PRO Application with Subdivision $30.00/Dwelling Unit
The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, City Engineer, City Attorney,
Planning Commission and Council necessary to,process this application and further agrees to pay all additional fees established by
ordinance. ' __ / '"/'
Applicant's Signature ~.<.'..-!---'--C.......:..'--~':.Ai,::__:::::;z+------~~----,. .r Date <i / 1 d·· ,:1() . / / :.._ _ __,_.,__--'-'-----------
Owner's Signature ....,.,.:....-¥Ul,dqJl~~~~~~~./-i.:::::::~~a..L~~,:) ~ate-:.._;_3/~~J.!~~'-}/c...1£J,~O ______ _
Applicant must have all subm ttals in the City Office 25 days before the lanning Commission meeting. Planning Commission meetings
are held on the third Monday of each month. Applicants must be present at all scheduled review meetings of the Planning Commission
and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your
place and to advise the Building & Zoning Office of this change prior to the meeting.
10
'RUN DATE 08/21/00
BATCH 551
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP. ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 27-118-23 31 0014
02145 SIXTH AVE N
DANIEL G & RUTH G MCPHERSON
.DANIEL G &. RUTH G MCPHERSON
2145 6TH AVE N
LONG LAKE MN 55356
38 27-118-23 33 0007
00744 DICKEY LAKE DR.
G L PETTIS & A J PETTIS
GERALD L & ALICE J PETTIS
744 DICKEY LAKE DR
LONG LAKE MN 55356
38 27-118-23 34 0001
00925 BROWN RD N
LYLE P COX & WIFE
LYLE P COX
925 N BROWN RD
LONG LAKE MN 55356
38 27-118-23 34 0004
00879 BROWN RD N
GEORGE A JOHNSON & WIFE
GEORGE A JOHNSON
879 BROWN RD N
LONG LAKE HN 5535.6
38 27-118-23 34 0007
02095 SALEM CT
BT LARKIN & SB LARKIN
BRIAN LARKIN & SUSAN LARKIN
2095 SALEM CT
LONG LAKE MN 55356.
38 27-118-23 43 0023
00900 BROWN RD N
M & M ROBBINS
HARK W & MARIA ROBBINS
900 BROWN RD N
LONS LAKE MN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
38 27-118-23 32 0018
01000 COX FARM RD
TIMOTHY L WHITEIS
TIMOTHY L WHITEIS
1000 COX FARM RD
LONG .LAKE MN 55356
38 27-118-23 33 0012
00980 COX FARM RD
SJ LEUSNER & J M LEUSNER
STEVEN J & JULIE M LEUSNER
980 COX FARM RD
LONG LAKE MN '55356
38 27-118-23 34 0002
00915 BROWN RD N
THOMAS W LANE & WIFE
THOMAS W LANE
915 BROWN RD NO
LONG LAKE MN 55356
38 27-118-23 34 0005
00819 BROWN RD N
STEVEN GUY GRAV
STEVEN GUY GRAV
819 BROWN RD N
LONG LAKE MN 55356
38 27-118-23!13 0013
01995 WEST FARM RD
R L PARRISH & CJ PARRISH
RICHARD L PARRISH
1995 WEST FARM RD
LONG LAKE MN 55356
38 27-118-23 43 0024
00038 ADDRESS UNASSIGNED
THE FARM AT LONG LAKE
THE FARM AT LONG LAKE PTNSHP
C/0 TIMOTHY ADAMS
1810 WEST FARM ROAD
LONG LAKE MN 55356
REPORT NO. PI435401
PAGE 19
38 27-118-23 33 0006
00736 DICKEY LAKE DR
MARIAN M HOYT
MARIAN M HOYT
736 DICKEY LAKE DR
LONG LAKE MN 55356
38 27-118-23 33 0021
00850 WILLOW DR N
TD CARLSON & J A CARLSON
THOMAS D & JANE A CARLSON
4505 EDINA BLVD
EDINA MN 55424
38 27-118-23 34 0003
00038 ADDRESS UNASSIGNED
GA & G J JOHNSON
GEO JOHNSON
879 N BROWN RD
LONG LAKE MN 55356
38 27-118-23, 34 0006
00809 BROWN RD N
LESLIE N BARRY
LESLIE N BARRY
15615 16TH AVE N ·
PLYMOUTH MN 55447
38 27-118-23 43 0022
01990 WEST FARM RD
A & M BRACHMAN
ARMAND E & HARV A BRACHMAN
1990,WEST FARM RD
LONG LAKE MN 55356
38 27-118-23 43 0025
00960 BROWN RD N
CHARLES CLAVT TABOR
CHARLES CLAYT TABOR
960 BROWN RD N
LONG LAKE MN 55356
RUN DATE 08/21/00
BATCH 551
PROP ADDR
OWNER NAME
TAXPAYER
NAME/ADDR
38 34-118-23 22 0004
00730 DICKEY LAKE DR
J.D RICK & J H RICK
JONATHAN D RICK
730 DICKEY LAKE DR
LONG LAKE MN 55356
HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM
PROPERTY OWNERS LIST
TOTAL BATCH SSl 00019
REPORT NO. PI435401
PAGE 20
I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE
REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS
OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST
Of KYKNDWLEDCE AND BELIEF. . ~ • . ,
.· . DATE f-c:Mi:tJBY ~ Sa~
CITY of ORONO
Municipal Offices
Street Address:
2750 Kelley Parkway
Orono, MN 55356
DATA PRIVACY ADVISORY
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
In accordance with M.S. 13.04, Subd. 2, "Rights of subjects of data", we would like to
inform you that your request for a permit or license from the City of Orono or any of its
departments may require you to furnish certain private or confidential information.
You are notified that:
1. The information you furnish will be used to determine your qualification for the
permit or license requested.
2. You may refuse to supply data, but refusal may require that the City deny the
permit or license.
3. The information may be shared with other local, state or federal agencies to the
extent necessary to process the permit or license.
4. If your requested permit or license requires Council action to approve, some
information may become public.
5. You have certain rights under M.S. 13.04 (see following page) to review private
data on yourself.
6. Your full name is required to process this application or permit.
. ..__,,
First
Address
Orvvv-o
City
Middle
/l.Jl;-
State
I understan~. ts as stated above. /2-l .
Signature ··
J-AcfNy,
Last
J~JDY
Zip
15
Telephone (612) 249-4600 • Fax (612) 249-4616
0v c; )f~. ';] t91/
Phone
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN) ss .
)
CITY OF ORONO )
CERTIFICATE OF MAILING
I, Mary Ann Johnson, of the City of Orono , Hennepin County Minnesota, do hereby certify
that a Notice of Public Hearing concerning the matter of #2615, as mailed to the attached list of
property owners .
In Witness Whereof, I have hereunto set my hand and seal this 7th day of SEPTEMBER,
2000.
CITY OF ORONO
2750 Kelley Parkway, P.O . Box 66
Crystal Bay, MN 55323,
Phone (952) 249-4600
Fax (952) 249-4616
NOTICE
_The Pl _anning Commission will hold a
public hearing in the Council Chambers at
2780 Kelley Parkway on Monday, September
18, 2000 at 7:15 p.m . on Application #2615 a
proposal by George and Gloria Johnson ior
rearranj:lement of a common propeny line for
properties located at 879 Brown Road North
P.1.D .s #27-118 -23 34 0005 and #27-118-23
34 0005.
All persons wishing to be heard will
ap,:iear at this time. Wrillen comments are
solicited_. A copy of the proposal is available
by appointment, please call Paul Weinberger
at (952) 249-4600 .
City of Orono
By : Planning Comm ission
Paul Weinberger
Zoning Administrator
(Published in The Laker and Pioneer
Sept. 2, 2000)
RE.CEJ n~.o
SEP S 2000
C\ \" ur OHONO
Affidavit of Publication
State of Minnesota, County of Hennepin.
Bill Holm, being duly sworn on oath, says that he
is an authorized agent and employee of the
publisher of the newspaper known as THE
LAKER , Mound , Minnesota, and has full
knowledge of the facts which are stated below:
A.) The newspaper has complied with all the
requirements constituting qualifications as a
qualified newspaper, as provided by Minnesota
Statute 331A .02, 331A.07, and other applicable
laws, as amended .
B.) The printed Application 2615
George and Gloria Johnson
which is attached was cut from the columns of
said newspaper, and was printed and published
once each week for 1 successive weeks.
It was first published Saturday
the 2nd day of __ S_e..,_p_t_e_m_b_e_r __ 2000 ,
and was thereafter printed and published
every Saturday, to and including Saturday,
the __ day of _______ 20_,
£4',// -
~Agent
Suscribed and sworn to me on this
Notary Public
KRISTI HOLM
NOTARY PUBLIC-MINNESOTA
My Commiss io n Expires Jan . 31, 2005
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space: $13.45 per inch .
(2) Maximum rate allowed by law for above matter: $13.45.
(3) Rate actually charged for above matter : $7.49 per inch.
Each additional successive week: $5.44.
CITY OF ORONO·
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, l\1N 55323
Phone (952) 249-4600 Fax (952) 249-4616
NOTICE
The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley
Parkway on Monday, September 18, 2000 at 7:15 p.m. on Application #2615, a proposal by
George and Gloria Johnson for rearrangement of a common property line for properties located
at 879 Brown Road North P.I.Ds. #27-118-23 34 0005 and #27-118-23 34 0005.
All persons wishing to be heard will appear at this time. Written comments are solicited. A copy
of the proposal is available by appointment, please call Paul Weinberger at (952) 249-4600.
City of Orono
By: Planning Commission
~erw~
Zoning Administrator
To be published the week of September 2_, 2000.
Posted at:
Orono City Offices
Long Lake Post Office
Crystal Bay Post Office
Navarre Post Office