Loading...
HomeMy WebLinkAboutProject Packet■ -'"�Aw _ wo epics - zt• �0 Case No. Cl iY OF OV40, MI1-CMTA --,_ _- ---- ' Fee — Land Use Application • a - Street .Location of Property u Legal r>tscription of Property:' liner:.. _�- - UneY �ype • of Request: . esciiption of Request: - j", : ease draw or agar a 1. 2. 3. 1. S. Rezoning Variance Conditional Use Pej,nit i, Subdivision Approval _ + Other --- _ ' e-_�, ietc7t 0" proposed s t nr tunes ow'—ng Tndicaie North Location on Lot A3jacent St reet Nanes l.ocat ism of setback :+nd use of adjec ent existing building. Distances between any 'proposed st nx: tyres and structures on adjacent property. 6.- Dimensions proposed structure 7. Proposed se' .lcks 8. Zoning in force in this area Exhibit Submitted. p or plat showing the property affected and all lands within 300 ft. of the boundaries the property affected by proposed change. stractors or attorneys certification listing the names and address of the m-ners of _ land within .300 ft. of the boundaries of the property requesting the change or rezoning those names appear on the records of the County Auditor of Hennepin County. .tyt,i W shoring 50 of prclerty miners wit -bin 300 ft. favoring rezoning or variance. llage recorvendat ions: t� DEPARTMENT OF FINANCE • A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 PROPERTY OWNERS LIST NAME ADDRESS DESCRIPTION LOT BLK. PARCEL lc ��� kAa qE l 1 SOX 44 r 1tv �-oL�, C>"�a, c C liwoo I��ga� r- let,e o, r •a #37 'T- I IT-R.'� 23. N�2'SFc. -3. d la r •r•• � Ntl4 Y w g lt do • I1� , � ' 1 1 fir• /i� /.�A.G iAI•„w• •/N � Ii/4 (I - . r rM Edna C M•Mr//an JN I , Fox f I f.•'y 1 AIa•,/d w 1Yar., rA*, I aw•�l� � w. j �•.a I — • ! rb.I01 A r,r ! � a pang IML Aft- i � •, � la•e,K „N.•l� Kr fi.. Y 1,1 Teh phone 4 .1 ,35" (;IT'S' 4 ORO NO I',,.t � Itii�r k„a ff �('r��t:ri liar. 11tn� • . . , ._ •'•! , , , if�al f �ffi„•R Opt the A%irth Shur• n/ Lake .11it,rt,,tu►(ka May 3, 1979 Mr. Les Kelley 125 South Brown Road Tong Lake, Min sota 55356 Re. #372 Subdivision Dear Mr. Kelley: A review of the City Records indicates that the above referenced files has not been closed out because of outstanding bills which have not been paid. The following amounts are chargeable to you as the developer: STATEMENT - VERIFIED ACCOUNT Engineering Fees - Total Due $48.00 You may pay this amount now, or if not paid by July 1, 1979, the amount plus 8% interest will be certified and placed on the tax roles for collection. Until paid, the City will not issue any new building aermits on any lot in the subdivision. This will be the last billing on this.account. Sincerely, A 4V? �� a. Olson Village Planner A PO: kh cc: Mr. Thomas Kuehn DETACH AND RETAIN THIS STATEMENT KELLEY a KELLEY, INC. T. 4 AIT&CNtO c► ILCK ra u. O "A"T or 'T"AS 'JMGCJ l"o MEL-ow II tiUT COA*9CT PLEAdW N(7 TIFY './f� r17JMPTL+ NO At Ctl/T DCeIACO LONG LAKEP MINN. SS3S6 VOICE O[ECIMWTION AMOUNT ual�[R #3'72 Subd vi.sinn Fnr,ineering Fees OEOUCTIONS PARTICULARS % NET AMDuNT June 28, 1978 Mr. Lloyd S. Kelley #3 7 2 .,.� Page 2 OTHER INFORMATION REQUIRED �i. Title opinion addressed to the City. 2. Conservation easement document over wetlands outlot. —3. Road and utilities easement document over road outlot. 4. Easement document or deed granting undivided interest in road outlot to all adjacent lots and homeowner's association agreement or maintenance covenants providing for roadway maintenance by all lot owners. .5. Construction plans of roadway through wetlands showing extent of proposed construction and effect upon the wetlands. 6. Completion of subdividers agreement, to be filed as a covenant in the chain of title, wherein the roadway and any necessary drainage improvements will be constructed prior to issuance of building permits on lots 2 or 3 (two copies required). 3. Payment of park dedication fee of $1,000.00 ($250.00 per lot). RESOLUTION NO. A RESOLUTION APPROVING THE PLAT OF KELLEY GREEN WHEREAS, the City of Orono is a municipal corporation organized and ey'lting ur.der the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has .idopted 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 plat by Lloyd Kelley the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Execution of a Subdivider's Agreement with the City. Dedication of required drainage and utility easements. Dedication of public streets and roads. Dedication of access easements underlying private roads. Dedication of open space and flowage conservation easements. Payment of a park dedication fee of $1,000. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Kelley Green, Hennepin County, Minnesota; subject to the following conditions: 1. The aforesaid pla shall be filed with the Hennepin County Recorder's Office on or before February 15, 1979, together with a certified original copy of this Resolution, and executed copies of the flowage and conservation easement, road and utilities easement, private road easement and private road maintenance covenants. 2. According to the terms of the Subdivider's Agreement, building permits will not be issued for Lots 2 or 3 until completion of a new roadway in Outlot B. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this day of ATTEST: , 19 William B. Van Nest, Mayor Walter R. Benson, Clerk Administrator LAW OFFICES PERBIX. HARVEY. SIMONs & THORFINNSON W. HARI-AN PERRIX 1152]-1977) HOWARD E. HARVEY KEITH E. SIMONS ROSS L. THORFINNSON A PROFESSIONAL ASSOCIATION 17 TENTH AVE. SOUTH HOPKII'JS. MINN. 035-4468 MAILING ADORESS P. O BOX 190 HOPKINS. MINNESOTA 68343 August 1, 1978 City of Orono 1335 South Brown Road Orono, MN Attention: Al Olson Gentlemen: PREMISES: See Exhibit "A" ibis is to certify that we have examined the Registered Property Abstract which covers Certific-te of Title No. 506301 in the office of the Registrar of Titles of Hennepi.. County, Minnesota, as of July 14, 1978, at 7 AM, and find that good and marketable title to the above premises is in the names of: LESTER S . KEI.LEY AND WARY K . FQ✓ ZEY , H13SBAND AND WIFF, AS JOINT 'IFNAN N ; subject to the following: 1. Subject to a flowage easement in favor of County of Hennepin contained in instrument recorded in Book P5 of Miscellaneous Records, paqe 301, Docirient No. 318546 (Parcels 1 and 2) (By: William Beise, et al; Dated: October 3, 1890; Filed: December 6, 1900; Book 85 of Miscellaneous Wcords, page 301, Doc. No. 318546 recites: In the matter of the pro- ceedirx7s for the appointment of appraisers to determine and award the ampensation for injuriously affecting and damaging property by the construction of a dam to raise the water in Lake Minnetonka.) 'Ibgett er with a 50 foot eascmen t for ingress, ecrrvss and utilities as shown in deed Doc. No. 1109606, Files of Registrar of Titles; (Parcels 1 and 2) A copy of said easement is hereto attached. 2. Deal estate taxes for the year 1978 in the amount of $1,074.42 on EasemQnt Tract and Main Tract, second half not paid; (Base Tax $1,074.42) - $680.12 on Main Tract second 1,12 not paid; (Base Tax $680.12). Assessment also covers other land. Assessed in the nacre of Kelley as Homestead, Plat 41303, Parcels 8500 MT, and 8100 MT and ET, Orono 38. PERBIX. HARVEY. SIMONS & THORFINNSON. P. A. August 1, 1978 Page Two 3. The Office of the Registrar of Titles advises that the Owner's Duplicate Certificate was taken out by the owner an Deoerber 16, 1975. THE. ATTACHED COVER IS A PART OF THIS OPINION. HEH:ci Ct-: Roger Fazendin Realtors 1415 West Wayzata Boulevard Wayzata, MN 55391 Mr. Lloyd S. Kelley Kelley & Kelley, Inc. South Watertown Road Long Lake, MN 55356 Parcel 1: All that part of the following described t.rart; 't?rgt ov-t .,f the NvIla raLle (bm-i.wr.,fthe tlorthwest Ounrterr of Section 3, Township 117 North. mangle ^ i West o" the 5th Principal Meridian, according to the Government. Survey thereof, tescribed as follows: Commencing at the northwest corner of the Northwa•:rt Quarter of said Section 3; thence east along the north line oe said Northwest. 'quarter a distance of 1449.42 feet; thence south, parallel with the east line of said Northwest Quarter, a distance of 39F.1p feet to the noint of beirinniAg of the land to be described; thence east, parallel with the north line of said 'northwest Quarter, a distance of 109.50 feet, Aore• ;)r peas, to a point 400.00 feet west alone, said parallel line rr,im the #,ust line or s-aid Northwest Qufirter; then, -or- !tr+tith r-ere,.l It I wit -it ::O,l east lane a distance -r 7`011.76 feet, mor(, or lens, to a ltn,- 1061,.541 feet northerly ofeni tarallel with the south line of said Northwest quarter as measured along the east line of said Northwest Quarter; thence westerly, parallel with the south line of said Northwest Quarter, r, distance of 444.00 feet; thence southerly, parallel with the east l;ne, a liste,nre of 200.00 feet, more or less, to the intersection with o line 1745.1,n feet Northerly of an parallel with said south line, as mertoured along said east line; thence westerly along said last described parallel line, a distance of 365.65 feet, more or les3, to the intersection with a line drawn southerly from the point of beginning and parallel wit.h ne,id east line; ',hence northerly alone, the last ment+oned parnliei 1it,e a distance of 5n1.67 feet, more or less, to the point or he+rirninr-, Embraced within that part or the Fast 86n.0n feet of said Northerigt Quarter of the Northwest Quarter lying, South of the North 591 feet ►.hereof and lying West of the East 544 feet thereof. Parcel 2: That part of the Northeast Quarter of the Northwest Quarter of Section 1, Township ll'i North, rlange 23 Went of the 5th r'rincihRi Meri-linn, n �corliinr to the Government, .^+urvey thereof, de %cribeoi Rn foI lows: Commencing at the northeast corner of the Northwest Quarter of scald Section 3; thence nnuth along the east line of skid Nr.rt.hw,,st Quart,•r a distance or 887.5'' reet, more or te+i••, to it, pint 1 .0 feet northerly from the southeast corner if the Northwest Quarter of said Section 3; thence westerly, parallel with the south 1 t rse ref nni(l Northwest Quarter n dint-ince of 541i.nn feet to thf� point of beginningt of the lanes to be descrtbed; thence- northerly, pRrnile:l with said east line, i distance of '100.00 feet; thence westerly, parallel with said south line a distance of 300.00 feet; t.hs-r,k,e southerly, parallel with said east line a distance of noo.00 fect, more or less, to the intersection with a line 1765.5n feet tout'„•rlp ,>f and parallel with sail south line, as measured alont ini;l r•r,At lint-, thence easterly along said parallel line a distance of •,on.nn feet to the point of beginning. EXHIBIT "A" (tun n .d f _ lndl.rd..•: r, �I.rd� 1 27-ji1 --- _. - - - - - _ _ _ ..`M/nu.wt� . uuw... wn•crrn.ur., b,rnY.l+y{l/ 1 - .. ._.. i 10JEiC 6 hto Inaenture. 11,t< Y ,1,,,, l �..�• �� I Lester S. Kelley and Miry K. Kelley, husband and wife of fit, r'ollnt/l n/ Hennepi n ,lit,! �l„rr „! Minnesr,La hurl 1"it/ Ibe it.rxl Part .,te„1 I,I, Yd S. K(:lley, a Widuwcr. .+url nut rum•trrlr,l of fh, I'„#I►tly of Hennepin l �i,rl, MiiriesoLa po•I y "/' t ht vi-cond hurl. ONE Doll.,a rtailndtBOee:til. Theft the, atiid port les ,t% the /irlit purl, to ton-vid-r,Ilion II/ i/•,. .:tlnl n/ nocher good and �••luable consideration-------- Lhem tt' in lithe/ ptii,! by l ;ttid l,nr/ y r,/the- 'o-conll /„Irl, the- I.wril.l it h,'rt t/ is h,•rrh!/ arknotilydf, rl ,1„ her. h!/ ilrtlnl, (illilt•Inion. and l'nart ►l unit, the .v,Iid /,,IF/ u/ the, x.•rnnd port. his heir. Ullel W.aiOn.t, /•'t)r-sP, tilt the trelt•/ (IF Pare.,I • t 1 petits in th, Collnilry ,/ Hennepin • tin./.Mille n/.11illtle rolu.tlr..rrl /,ev/tix/a ettl' ll it'•II•ll. IThat part of the Northeast Quarter of the Northwest Quarter of Section 3. Tuwn- ship 1f 17 North, Range 23 West of the 5th Principal Meridian, described its follows: /Cummeneing at the northwest corner of the Northwest Quarter of said Section 3; thence east along the north line of said Wrth►•lest Quarter a distance of 1449.42 feet; thence south, parallel with the cast line of said Northw�:st Quarter, a dis- tance of 396.18 feet to the point of beginning of the land to b:! described, thence ra;t. Parallel with the north line of said Northwest f`uarter. a distance of 809.50 f_ft,frre or legs, to a point 400.00 feet w;:st along said arallel line from the ea,t sine of said Northwest Quarter; thence south parallel ;.h said east line n a distance of 294.76 feet, more or less, to a line 1965.50 feet northerly of and j pal_dllel with the south line: of said Northwest Quarter „s measured along the east lrtie of said Northwest Quarter; thence westerly. parallel with the south line of said Northwest Quarter, a distance of 444.00 feet; thence southerly. parallel +� with the east line, a distance of 200.00 feet, more or less, to the intersecti0 1 with a line 1765.50 feet Northerly of .;A parallel with said south line. as me's ured along said east line; thence westerly, 12K lisle,a distance of 365.65 feet. mc,re n, y'°long said last described parallel. �t less, to the intersection ►iith a line drawn sout'erly from the point of i,t_girrnirq and parallel with sail) east line: thence northerly along the last mentioned parallel line a distance of '401.67 feet, more or less, to the point of beginning Except that part of the east 869.00 feet of said Northeast Quarter of the North- west Quarter lying south of the north 591 feat thereof and lyili., Wc�;t of the e.i.rt 544.00 feet thereof. Also, that part of tf,e Northeast Quarter of Oe Mortha/es• (/.tarter of Section 3. l',wn,hip 117 North, Wile 23 Hest of the 5th Principal Fteridian, described as `ollows: Commencing at the northeast corner of the Northwest Quarter of said Sectii,n 3; thence south along the east line of said forthwest Quarter a distance of 396.i8 feet to the actual point of beginning; thence west, parallel with the rcrth Jim - of said Northwest Quarter a distance of 400.00 feet; thence south, parallr_1 with said east line, a distance of 294.76 feet, more or less, to a line 1965.50 feet northerly of and parallel with the south line of said Northwest Quar.,:r as n►easured along the east line of said Northwest Quarter; thence va',terly. ptr.tlle) with the south line of said Northwest Quarter a distance o: 400.Ot1 fret to thu east line of said flort`Iwest Quirt,�r•; thence nr'rth ainre3 F40 e1tt 11r. 291.34 feet., _.i Litt ...tut{ I„tint ut bel in:eilig. Reserving an easement for in6ress, egre.n "I'd utllitit:s over tha ;.outh So last tLlf of 01.It 1'.irt of the ahove described pr',pt.rty lyitu; etst of the Wa•'it 111to tit the east 5".00 fei,'L ,1 said Northeast (pi.rter tit cite Northwest l�,lailia. IIC�'i n' To 0,1bt Jpb to 11lolb file *amr. Tu=lr•(Ir.•r with all the hrruditunir.nlx and appurtr►►anre* (>tr r.:rnl(i b, t,r m anyrr ixr upprrtaininj, to the said part.. X ojthe second part, his... ....... hrirx anti ux.irrrx, lkurrrrr. . ' 3K gCONO 1 W 64tt!«. The *old part . o/ the /trot part 46-vei. herowato set... th4� han,7 s floe d.rgfind yrar/Irxt ahmrr r►'►Irten.Mr: lot / Later S. Kelly l -<• ffiry K..)Re lley -r � I I Rmis EW I) PROPFR'l*Y Mis opinion is necessaril made subject to the matters set out below, and a purchaser or mortgagee should always ma(e inquiry as to them. 1. 1'USSISSION. You are charged with notice of the rights of anyone in possession even though his interest, if any not on record. You should also inspect the property for and• evidence of use or lA _. •ss • by strangers, such as public roads, private driyev%ays, Uraina��c ditches, encroaching buildings or fences. 2. NFOLANICS' LIENS. Claims of liens for labor, material or machinery, furnished for the improve- ment of the premises need not be filed until 90 days after the Completion of the work or until 90 days after the last iteni of matei,:iI or machinery has been furnished. flat-c anv improvements been made within the past 90 days which have not been paid for' 3. SURVI.Y. Any question as to location of boundary lines, encroachments, easements or related matters can be determined only by a proper survey. J. :ONT.N; :LEI) LAINU USE: W:GRATIGNS. Do the municipal regulations permit use of the property for your purposes' State, county and municipal regulations may limit the use of VOUr property. Special regulations exist as to property abutting lakeshore, streams or located in a flood plain. S. SPECIAL ASSI:SS1` LM S. 1.Ssessments for special improvements are usually payable in installments over a period of years. You should ascertain the amotmt of pending or unpaid future install- ments of special assessments, if any, from the proper municipal office. 6. WRTGAGE. Ascertain from mortgagee the exact unpaid halance of principal and interest on any mortgage and the terms of payment, including prepayment. rmlUW:S. A purchaser should have a definite written aj!reement covering fixtures, particularly refrigerators, stores, water heaters, carpets, etc. A. SE:ItiEk. Is sewer connected, or is cesspool used, 9. IrIIl.IT'1ES. Utilities, such as water, gas and electricity should be transferred or, the records of the various agencies upon taking possession. P. IDIESTEM) TAX VSSLS9W-'\TS. If you are to occupy property as a home, you should rIke application immediately to your local assessor for homestead classification. 11. Subject to federal judgments and tax liens, if any. 12. The following statutory exceptions appear on the certificate: a, liens. claim. or rights arising ...tier the laws of the constitution of the Itnite.d ~fates, which the statutes of this state cannat require to appear of ms rd. S. Any tax or special assessments for which a sale of the land h.is not hem 164.d at the Sate of the certificate of title. c. Any lease for a period not exceeding three scars. when there s actual occupation of the premises Lakier the lease. d. All public highway• embraced in the description of the lands irnludW in the cartificato_ -.Kill by dcerrNl t" �v exc l ikled . v. huch rights of appeal or right to avpv crud conte-.t .•�•pl icat ion as is al lowttd h% law. f. The rights of any person in po«essia .trier Cued or ;a:t for defed frum the owner of the certificate of title. 13. If the .onveyan.e involves a di%ision of a lot or a imetes And hounds description. there meat' he restrictions on recording as a result of regulations or ordinances of •Ix• kegistvr of I►reals, the county or the mumicipal ity . Reference sFxx,l.! he r►kde to each of the aht've• to ascertain the recordability of the document%. Plitslx, Iivnv. s s 11t4t1l�Z�iw, I'.1. LAW OFFICES PERBIX. HARVEY. SIMONS & "HORFINNSON A PROFESSIONAL ASSOCIATION 17 TENTH AVE. SOUTH W. HARLAN PERSIX II922-1977) HowARo E. F,ARVEV KEITH E. SIMONs Ross L. THORFINNSON HOPKINS. MINN. 035-4468 MAILING ADDRESS. P. O. BOX 100 HOPKINS. MINNESOTA 55343 August 1, 1978 City of Orono 1335 South Broom 4Dad Orono, W ALten tion : Al Olson Gentlemen: PRENLISES : See Exhibit "A" This is to certify that we have examined the Registered Property Abstract which covers Certificate of Title No. 506300 in the office of the Registrar of Titles of Hennepin County, Minnesota, as of July 14, 1978, at 7 AM, and find that good and marketable title to the above premises is in the name of: LLOYD S . KM1.F:Y , unmarried; subject to the following: 1. Subject to an unrecorded Contract for Deed to above described Parcel 2 in favor of John Richard Kelley and Faith Kelley, husband and wife, as joint tenants. 2. Subject to a flowage easement in favor of County of Hennepin oontained in instrument recorded in Book 85 of Miscellaneous Records, pagc 301, Document No. 318546. (Parcels 1 and 2) (By: William Beise, et al; Dated: October 3, 1890; Filed: December 6, 1900; Book 85 of Miscellaneous Records, page 301, DDc. No. 318546 recites: In the matter of the pro- ceedings for the appointment of appraisers to determine and award the eoim ensation for injuriously affecting and damaging Property by the construction of a dam to raise the water in Lake Minnetonxa.) 3. Subject to a reservation of ail easement for ingress, egress and utilities over the south 50 feet of that part of the above described property lyino east of the west line of the east 544.00 feet of said Northeast Quarter of the Northwest Quarter, as shown in deed Doc. No. 1109606, Files of Rvaistrar of Titles. PERBIX. HARVEY. SIMONS & THORFINNSON. P. A. August 1, 1978 Pagc Two 4. Real estate taxes for the year 1978 in the amount of $1,074.42, second half not paid. (Assessment also covers other land) (Assessed in Kelley as Homestead, Plat 41303, Parcel 8100, Orono 38). 5. The Office of the Registrar of Titles advises that the Owner's Duplicate Certificate was taken out on December 16, 1975, by the owner. THE ATTA©IED COVER IS A PART OF THIS OPINION. ITI 0, ffm cc: Foger Fazendin Realtors 1415 West Wayzata Boulevard Wayzata, MV 55391 Mr. Lloyd S. Kelley Kelley & Kelley, Inc. South Watertown Road Long Lake, MV 55356 Parcel 1: That part of the Northeast Quarter of the Northwest Quarter of Section 3, Township 117•North, Range 23 West of the 5th Principal Meridian, according to the Government Survey thereof, described as follows: Commencing at the northwest corner of the Northwest Quarter of said :;cation 3; thence east along the north line of said Northwest Quarter a disLance of 1449.42 feet; thence south, parallel with the east line of said NorLh- west Quarter, a distance of 396.18 feet to the point of beginning of the land to be described; thence east, parallel with the north Jille of said Northwest Quarter, a distance of 809.50 feet, more or less, Lo a point 400.00 feet west along said parallel line from the east line of said North- west Quarter; thence south parallel with said east line u disLance of 294.76 feet, more or less, to a line 1965.50 feet northerly of and parallel with the south line of said Northwest Quarter as measured alone the east line of said Northwest Quarter; thence westerly, parallel with the south line of said Northwest Quarter, a distance of 444.00 feet; thence Southerly, parallel with the east line, a distance of 200.00 feet, more or leas, Lo the intersection with a line 1765.50 feet Northerly of and parallel with said south line, as measured along said east line; thence wesLerly,aJong said last described parallel line, a distance of 365.65 feet, more or less, to the intersection with a line drawn southerly from the point of begin- ning and parallel with said east line; thence northerly along the last mentioned parallel line a,distance of 501.67 feet, more or less, to the point of '•eginning, Except, Lhal, parL of the east 869.00 feet of said Northeast quarter of Lhr. Northwest quarter lying south of the north 951 feet thereof and lyinP west of the east 544.00 feet thereof. Parcel. 2: 'Phut parL of Lhe Northeast QuarLer of Lhe NorLhwesL �?uurLer oi' Section 3, Township 117 North, Range 23 WesL of the 5th Principal Meritiiati, according to the Government Survey thereof, described as follows: Commencing at the northeast corner of the Northwest Quarter of saia secLion 3; thence south along the east line of said Northwest Quarter a distance of 396.1 feet to Lhe actual point of beginning; thence west, parallel with the north line of said Northwest Quarter a distance of 400.00 feet; thence south, paralleJ with said east line, a distance of 294.76 feet, more or less, to a line 1q65- 50 feet northerly of and parallel with the south line of saia Northwest (Zuut'Ler as measured aJontr the east line or avid Nori.11weaL QuarLer; thence easterly, parallel with the South line of said Northwest Quarter a distance of 400.00 feet to the east line of said Northwest Quarter; Lhenoe north along said east line, a distance of 291.311 feet to the aoLual point of beginning. EXHIBIT "A" REGISTERI:U PROITIVY This opinion is necessarily made subject to the matters svt out below, and a purchaser or mortgagee should always make inquiry as to them. I. POSSLSSION. You are charged with notice of the lights of anyone in possession even though his interest, if any, is not on record. You should also inspect the property for any evidence of use or possession by strangers, rich as public roads, private driyet.ays, drainage ditches, encroaching buildings or fences. 2. MEMANICS' LIENS. Claiir.s of liens for labor, material or machinery, furnished for the improve- ment of the premises need not h, filed until 90 days after the completion of the ►,ork or until 90 days after the last item of material or machinery has been furnished. lia ve any improvements been made within the past 90 days which have not been paid for'. 3. SUR1'I:1•. any question as to location of boundary lines, enc.,�achments, easements or related matters can be detennined only by a proper survey. a. ZONING AND LNND USL R1.G111 MOMS. Do the municipal regulations permit use of the property for your purpos::s' State, county and municipal regulations may limit the use of ►-our property. Special regulations exist as to property abutting lakeshc.re, streams or located in a flood plain. S. SPECIAL A.SSI.SS`ff:.\'IS. Assessments for special improvements are usually payable in installments over a period of years. You should ascertain the amount of pending or unpaid future install- ments of special assessments, if any, from the proper municipal office. 6. \MFGAGE. Ascertain from mortgagee the exact unpaid balance of principal and interest on any mortgage and the terns of payment, including prepay: -,tent. FIXTUS. A purchaser should have a definite written agreement covering fixtures, particularly RE refrigerators, stoves, water heaters, carpets, etc. A. SE:1%1R. Is sewer connected, or is cesspool used' 9. UI•ILITIES. Utilities, such as water, gas and electricity should be transferred on the records of the various agencies upon taking possession. 10. 1CME-STEAD TA.\ ,XSSESST %7S. If you are to occupy property as a home, you should make application immediately to your local assessor for homestead classification. 11. Subject to federal judgments and tax liens, if any. 12. The following statutory ­. -options appcdr on the certificate: a. Liens, claims or rights arising under the laws of the constitution of the united States, which the statutes of this state cannot require to appear of record. b. Any tax or special assessments for which a sale of the land has not been had at the & of the certificate of title. c. any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease. d. all public highways embraced in the description of the lands included in the _cz tificate� shall be deemed to he excluded. C. such rights of appeal or right to appear and tontc�,t the application a5 i� alluwtti h% l.rv. f. Fhe rights of any person in possession :order deed or contract for deed frurn the o►.ner of the certificate of title. 13. if the conveyance involves A division :4 a 1(.t or a rtetes and bounds description, there ma) be restrictions on recording zos a result of regulations or ordinances of the Register ui lk eds, the county or the rnutitipality. Reference should be made to each of the A- •;e to ascertain the recnrdahtlit,- of the documents. p'I:RRp\, fi1IZ17�. ;`MI . 'Ih4"11%.` 0%. T0: Bruce D. Malkerson FROM: Alan P. Olson, Village Planner DATE: August 22, 1978 SUBJECT: Lloyd Kelley, 85 South Brown Road Subdivision (#372) Please review the attached title opinion, deeds and easements for Council meeting on August 29, 1978. I believe driveway covenants need alteration if deeds are used. CITY of ORONO posit Offire Flux 660('ryetal Bay, M,noedota 553236 Municipal offices Telephone 473-7357 Mr. Lloyd S. Kelley 125 South Br. ,an Road Long Lake, Minnesota 55355 NOTICE OF CITY COUNCIL ACTION Control No. _ Variance Conditional Use Permit Subdivision, Prelim. Subdivision, Final Date of Meeting: August 29, 1978 Votes: 4 For 0 Against Abstention Date of Notice - -78 Action: — Approval: As submitted subject to applicable ordinaice requirements X Approval: Subject to conditions noted _ Deferral: Pending receipt of information noted Referral: Review by others, as noted Denial: For reasons noted NOTES & SPECIAL CONDITIONS• Council approved Resolution No. 934. Provide revised roadway maintenance covenant. Provide at least two mylar copies for signature plus one copy reduced to 1" = 200 Ft. Deadlines:_ Variance approval Expires one year after the meeting date. Contact building inspector for required permits. — Conditional Use Approval Must be renewed annually. Expires on last be renewed upon change in ownership or use. _ Preliminary Subdivision approval expires after one year of meeting date. Contact Zoning Administration for final plat requirements. X Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. Deferred items may be declared formally withdrawn if applicant fails to provide information within one month of meeting date, or by date specifi i by Council. If you desire certified copies of the official City Council Minutes, they are available from the Deputy City Clerk upon review and approval by the Council. i 0" i V i 7 2 R". a a3- OA 1 - G�G� - , O _ AIM r • \,- � � -- ~, S---'�-^---ram= � - - - - `l �!t ' : `TES Topo shown is fraa a survey dated F-it 1957 by Kelle, KolIcy. Dimensions shown are approximate. Datum Snown is assumed. All lots shown are a minimum of 2 acres. "[ 11fl F I CA T-11% , . ,.,,.., •.,.-tiny t$,,t h.;� . j at .,, Or l:Rr14r r:4 v v o t - 21 }0 so = 427 75 1 I t B •� O �` j K �r.«..r.n+r 1 Y� SB�•6S'IS�f 'M-a-� f A L •//�MIIM00 2 ZVO' 2 a00 - `� n` LOf L LOT , • • 1 ^+/�J1 cL L6 a •N 9 t -1l�_' • J5971 '• M,D'o•••: Z3 S0 23Zo^ •�. _ Z, 9 Q:S�. x ;� •r• O TLo f•::�i°•»�' ;, i• t o 0 SO �I2 B BJ` OL a,TLOT c i t 1 '`$ :•oittr.�/ ni , fll tvf `Q,,,O yy1 r''I 111111111� W fi0.27Q0 -c OUTLOTago �-.04 • 1:'• m� •w«.� op i 390 ll! 9 _ l�`t� L-Y/44 1�..AA !7!1 ' \/ ; 8 -kO.••� •• z3'7 31S �V �/ ,,�lC (12� ... t om..= f ��/LOT Ott N�) 9 i4 _ '� w ;, �i �uu• aTt i�':a A�q'�' .lrw..+ OQ r h 10 - B - C' i LOT 2544 j--'� r.rr•w a+ o - !N 340 390 378.o1 o r,T�t,_ '•" 6Z. or NOY'to n e f 4.52.4i st oC �� ��J �� y•• LING /E A Z, � �• 1 •� / 6 •• "� t ^LQ�✓6 ✓ /If2 Atli) 5i� 4. /p �� j �'r' �' �a bh „� (20 2 / 4 M 1 IOj 7- t"1r �� 'i•J �{ w 2 ey : +• ^`� • 4 2� +i -.i Leo'' L`'� wfsr • t b l5os biro R y \, ` o a J 7• 7LJ, 1 d373tj7 �j 1�;! 66 pt 4i 6,3 o � It2 R• '� 16C3c! o i8 do r o 5S 372 7-31- -7T J.0. �;#44-44 -ALTA /VOL Axt Ad. CITY of ORONO ORONO. W14NOMA P.O. CRYSTAL SAY. MINN. 60" ❑ CASH ❑CHECK DEPT. .foA I�C1 REMARKS 1.0 f. ? 5989 Iq 1 w � w ;;"" /, 0, r; e.a - mum, l , #00/r 6A spa 04. ► is & A•dr Af&wwA*& calla August 10, 1978 Mr. Al Olson, City Planner City of Orono Box 66 Crystal Bay. Mn. 55323 Re: Kelly Green - No. 372 Our File No. 139-372 Plats Dear Al, Ono O /owanoo, P.E. Lewvewa P. ►adorn. P.E. Ro:pert W. Rose". P.E Mom R. Cook. P.E. lote/k C. An"A. P.E. Xeh* A. awde. P.E. eredtord A. LemberJ, P.E. Thaw E. N"a. P1. Robert D, Prlpud. P.E Rkhud W. Riper, Pl. Rkherd E rwner. P.E Robert G. schu Aft P.E. I~ C. Olror. P.E. Menbi L. Ureab. P.X. Doweld C. swderdt. Pl. Xo wd R. WOW, P.E Chulp A. Erlduoo L" M. Pew/tky Nulty M. oh" Y1L.LAM OE ORONO We have reviewed the driveway (or private roadway) plans submitted by the Developer and recommend approval. The existing driveway into the property will be used until lots 2 and 3 are developed. 4Iten the new roadway is constructed, there will be n very minor intrusion into the low area south of the existing driveway by the embankment for the new grade. However, this is not considered as a b'gnificant item relative to the adjacent wetlands. We recommend approval in accordance with the Planner's report memo. Yours very truly, BOV7STROO, ROSENE, ANDERLIK 6 ASSOCIATES, INC. James C. ulson JCO:li /, 5s s $ RESOLUTION NO. 934 A RESOLUTION APPROVING THE PLE T OF KELLEY GREEN 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 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 plat by Lloyd Kelley the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: Execution of a Subdivider's Agreement with the City. Dedication of required drainage and utility easements. Dedication of public streets and roads. Dedication of access easements underlying private roads. Dedication of open space and flowage conservation easements/ Payment of a park dedication fee of $1,000. Outlot A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Kelley Green, Hennepin County, Minnesota; subject to the following conditions: 1. The aforesaid plat shall be filed with the Hennepin County Recorder's Office on or before February 15, 1979, together with a certified original copy of this Resolution, and executed copies of the flowage and conservation easement(Outlot A road and utilities easement, private road deeds and private road maintenance covenants. 2. According to the terms of the Subdivider's Agreement, building permits will not be issued for Lot 2, Blk 1, Lot 2, Blk until completion of a new roadway in Outlot B. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified -above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 29 day of August 19 7 W lliam B. Vlan Ne t, Aayor ATTEST. Walter R. nson, Clerk/Administrator R T HOC. NO. K GREEN � • MriM /M N MY NI M �MONfo,�.MIMT�I w Nuffty I 1 I ! all ' 1 ArM /me N I //l, R IJ IT LO S r P. 0 C N A '� !B'o� "'r f OUTLOT c ` S • ,i�i,: rN of � 1 � 11.. oo•- M[ N MD' 0.4 off�s.J, fwpIffI//1,RIJ..,��` WIMP* Maly mowiwNf' K-_«f=,W*; ffifoo 1 f" a APIP LOT A• Lit P' t /M i M I `` y •ru'a1w I ♦•If• u l O T 1 ■ E w' j i LAW IM 00 rf wrMw.� N w/ ! ■ i + N/N a" AM I�IIM //y N Ay' iN O �uu 40.3 , lM h•Yw rrll Ar NN ! .fox". J, L //l, A IJ, w A ommo t o N Ir/ MNI/V rrr I W y MW Nt• AM M.M/ NM' N o OT hAN/W Nobe ft ( r 41 ` e L2o c K ;_; ,,,2 .I1M.NmlNN b it a• 1 , O / ua..vt stf owl /ws N Nw s, Jos. 1, FIN, IJ, A .nrb/N we" Ar NM Mr N .dI11 ,mowI�.l,..r..Hs•... 00 / N / N rM Na r. of .1J a WW:.. we� Q TO DATE While M OF PWnNF r° r TIME You Were Out ... ,Am" - TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTED TO SEE YOU RUSH MESSAGE OPERATOR '0%10 ` 'ooick'it''1'fri ink a (IjAd%C Goo.4itc. GM BROOKLYN BLVD.--BROOKLYN CENTER. MN. 55429 TELEPHONE (612) 561.4470 Eti~ 1954 nm 7 MIT TTTIS C'V ►fA}iT r-On thin JLV 'n^ of SE"t. 1�'T�, by arO boblepr tre imenrr .-nR+7, whC ..-'r ^?' V— rnaners or TrCord or tha +'ollov*inr ?nnd in t'^n Cit; of ^ro+vo, CnImty of T ann�rin, stnt- of ••+..—ota: Lots 1 nnd 1, T'' Fe.-• 1, T nL r ' and 1, Bl.nek 1, Ontlot A C'+Itlot B and Out? nt C, Green. WTT',MSS.,47T: WTiERM, T r,�-q S. Y,r??.�;r, uyn!vrrind, in thn *'eaaa."w.r or Tots 1 and 1, 41 nc!- 1 nnd Lot '', T onT- ^, Green and John Richard Ke?.ley and ?pith FnI I n;r, hasbnnd. -W wife, ns jrint tenants arr- tl-- eontrAet vrndnos on an it vdorded contrnrt. ^o-. Lot 1, Block 1, Kelley Green and T.e tn- S. Kapp_• nni Marc K. :'r+lley, ten.^,harfd Ind wife, an joint tenant.- nrn tlp ^nQ nmrrn o" Lot /, mock :), K"Ilay GrpPn; and N}''?R}F.AS, each of the pprtAen Ir n part ownar n" M'.lrt A, ('ntlot. P and C"Alot C, Tcalle;r Green; and WT'. krAS, V- pInTnse or snir' � rticts B Fund C A!'P for a coon driv-wn;• for ins -Tens, o7llpsn nn.' eility pmTonpr, �er►i^.,: nrid Lots 1 and ^, Tiloci- 1 and Lnts 1 and n, mocT- ?, Kelle, Gre-n; Apr? WfIITWq said eo on r'rirewrsv is not a dMicated roadway► rnd tha Citr of Orono hei nc nhliGntion to netntair. rr :enrv+c- mrdi rondwa,•; Wr ^r+-n'_ —at'_or of ^ne "Tr??.nr (fV- ) ;^ harl ,Aid by own', of the -+arties to each nthrr, -repirt n^ w'-'_.ch is }:Prebv ac:�carlPd; ed, anA o'' the " -u1 rm:erant:+, -,n- !^eTtte, eonditirne atul ^ti�tll+�ti_nn9 hp -pin coat".'_ned, TI IS ?-q"rAI.Ly S".TTP"I ATEG krri ACgrTD h;• p-x? 'rt-aPan tti a paPiia• A!, fo?inwrt: 1. That the parties hereto do hereby acknowledge the existence of said easement and the existence of the common driveway. 2. That the parties hereto will and do hereby assume and agree to pay a proportionate share of the costs of maintaining the common driveway over said easement described herein, said proportionate share to be determined by dividing the total costs of maintenance and repair (including, without limitation, the costs of cleaning, snow removal, surfacing and resurfacing) by the number of lots adjoining said driveway; and that each party hereto shall become liable for the said proportionate share from and after the date of this agreement or the date house construction begins on his/her/their lot, whichever is later. 3. Each of the owners of a lot described herein hereby covenants with each of the owners of all of the other lots described herein, and each owner of a lot described herein, by acceptance of a deed therefor, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to c enant with the then owners of all of the other lots described herein, that he/she/they shall pay promptly when due his/her/ their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraph shall be a personal obligation of the person or persons who are the owner(s) of such lot at the time when such costs were incurred, and said obligation shall not pass to his/her/their successors in title unless expressly assumed by them. 4. This covenant shall run with the land and shall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. -2- r,! W-TrIFSS WF�'Rrr:', U-P parties 1,,7tw, harnimto emctl',,ed tl":' envenant the day and --ar first alymn w-4ttpn. cl. Yn'f— STATE. Or MMMESO'"O ) SS. COUNTY CF T?NNFTTN) Th4i foror-lrj 4.nitn"rt wnq nelenowledred beforp r-A t'k!q --'/ -96 day of 10-- by Lloyd S. Fel.lo-,,.r, single, m.4.-lp- ,)f Lots 1 Wir.1 1, and Lot ?T!mcllC 2, Kelley G-m-nr. if."S. GORDON NOTARY PUBUC - MINNt$.ITA STAIT OF MrTRMTA� HINNIPIN COUNTY 1,3,f SS. COMM"T OF IMRTTT7 -111,P "ore ming 4n..Ytrr-f,.nt WqS rLCj-nmwjwjcf-t4 b-^(Mn M this46 clay of - (W!+ by Tn, n PAvj chrc-3 -'-' I.P.- avil F., � Felley, huibarkI nri'vif-, -!- Inin+• tananto, contract veliif,,- - In Lot Is M.,,,ck I, Crri-n. A, Cr)RDON STAT!� "T"'73'TA)% w Ic FS-10TA cnuNTv l'-w 1441., 1179 AftSd '.(v" ll,y T:,,,-4,pr q. lhr.v Y. of' V. S G DON NO144, pur- "'A 4 • COVENANT FOR MPINTENANCF. OF DRIVEWAY EASEMENT THIS COVENANT made this day of - , 1978, by and between the undersigned, who are all the owners of record of the following described land in the City of Orono, County of Hennepin, State of Minnesota: Lot 1, 2, 4,Outlot A, Outlot B and Outlot C, Block 1, Kelley Green. WITNESSE'I'l? : WHEREAS, Lloyd S. F:elley, unmarried,is the fee owner of Lot 1, 2 and 3, Kelley Green and John Richard Kelley and Faith Kelley, husband and wife, as joint tenants are the contract vendees on an unrecorded contract for. Lot 1, Kelley Green, and Lester S. Kelley ane Mary K. Kelley, husband and wife, as joint tenants, are the owners of Lot 4, Kelley Creen; and WHEREAS, each of the Parties are a part owner of Outlot A, Outlot A and Outlot C, Kelley Green- and WHEREAS, there exists a nonexclusive easeanent (hereinafter "said easement") for Driveway, ingress and egress, and utility purposes over and across outlot A and C, Kelley Green as set forth in that certain Declaration of Driveway Easement dated 197� and filed - _--_-, --- _ , 1978 as Document No. anC. WHEREAS, the purpose of said easement is for a common driveway serving said Lots 1, 2, 3 and 4, Block 1, Kelley Green; an(] W11EPEAS, said common driveway is not a dedicated roadway and the City of Orono has no obligation to maintain or service said roadway; NOW, THFPEPOPE, in consideration of One Dollar (61.00) in hand paid by each of the parties to each other, receipt of which is hereby acknowledged, and of the rutual covenants, agreements, coalitions and stipulations herein contained, That the parties hereto do hereby acknowledge the existence of said easement and the existence of the common driveway. 2. That the parties hereto will and do hereby assume and agree to pay a proportionate snare of the costs of maintaining the common driveway over said easement described herein, said proportionate share to be determined by dividing the total costs of maintenance and repair (including, without limitation, the costs of cleaning, snow removal, surfacing and resurfacing) by the number of lots adjoining said driveway; and that each party hereto shall becotre liable for the said proportionate share fror. arc] after the date of this acreetrent or the date house construction begins on his/her/their lot, whichever is later. 3. Each of the owners of a lot described herein hereby covenants with each of the owners of all of the other lots described herein, ane each owner of a lot described herein, by acceptance of a deed therefor, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then owners of all of the other lots described herein, that he/she/they shall pay promptly when due his/her/ their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraph shall be a personal obligation of the person or persons who are the owner(s) of such lot at the time when such costs were incurred, and said obligation shall not pass to his/her/their successors in title unless expressly assumed by them. 4. Thii covenant shall run with the land and shall be binding on ani inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. -' —in Wdbm- wV I -law Y ii.1u0 KNw'WC Krug GLiKILr{J GA'U%.; u=%j LrI.L" covenant. the(ac1'.' c]ri(: -..,ear firs'. i.irOVE``- W�i ,�;tE'I:. I ( % / /// � -7� Clove. c . Kcl�ey '.fo*Ir. �rK � c Fait XiUey Laster S. Ke ey Mary K. K4dley STATE OF MINNESOTA) ) SZ7. COUNTY OF HENtiE;PIri ) The foregoing instrument has acknowledged before me this clay of , 1^7lu by Lloy,- 1:elley, single, owner of Lot �,-�anc Kelley Green. STATE OF MINNLSOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was ac-knowledgee before re this day of , 1979 ',y John Richard Kelley and Fart-f: Kelley,-fius_Sana and -wife, as joint tenants, contract ver,dees on Lot 1, Kelley (Ireen. STATF OF MINNESOTA) ) SC. COUNTY OF i F4NEPIN) The foregoing instrument was acknowledged Le=ore re this day of _ 1976 }�y Lester S. Kelley and Mary K. Kelley, husbanr -�+nct—wife, as joint terants, owners of Lot 4, Kelley �-seen. I*ii s Instr ment was ' irr f tef; by p•-r � � N r •.._ . 1 (jai ;A 300 • � rr t �4 v rs, "'L TE 23 %tcr Z 3 ,(�� . " fir ► ► --`' • } I aw) IW 74001 ,. 3h _ _ --- - ALAS - - ,,, �• v hf +.,-- l 011C ��w... t_ •� i F03c) �j: .tr.rr. • 3 1 ` Ix Mo 2 y"L�. ;� �\— � hid e � �'C •L � ����� ��, /cl�� i���,'�� /�;e ��� -z,0 1 � �.00 �� Ri.GULAR MEETING OF THE ORONO COUNCIL, AUGUST 29, 1978 Page 2 Mayor Van Nest moved, Posek seconded, to adopt Resolution #932, A Resolution Approving The Leach Addition, subject to modifying the resolution to show a 15' easement for drainage purposes on the plat. Motion, Ayes (4) - Nays (0). Mr. Alan Olson, City Planner, informed the City Council that all requirements of the preliminary plat approval have been completed for American Re- builders, 2400 Sixth Avenue North. All sites have acceptable septic system locations, although mound type systems are required due to the high water table. Conservation ea!;ements have been provided over the pond on Lot 1 and a low area on Lot 2. Hennepin County requires connon access for Lots 2 & 3. I recommend final plat approval according to the attached resolution. Council Meeting - August 29, 1978 RESOLUTION #932 Leach Addition SUBDI Vl;3ION 2400 Sixth Avenue 4. #363 American Rebuilders Mayor Van Nest moved, Massengale seconded, to RESOLUTION #933 adopt Resolution #933, A Resolution Approving Willow Run The Plat Of Willow Run, subject to all easements being shown on plat. [lotion, Ayes (4) - Nays (0). Mr. Alan Olson, City Planner, inforned the City SUBDIVISION Council that the preliminary subdivision for 125 Brown R,-ad Lloyd I:elley, 125 Brown Road South, was approved #372 on June 28, 1978, subject to the conditions Lloyd Kelley noted on the attached list. The City Engineer is reviewing the driveway plans. All other items have been completed to the satisfaction of the staff. I recommend final plat approval according to the attached resolution. Planning Commission Meeting - August 14, 1978 Planning Commission recommended final plat approval per the attached resolution. Council Meeting - Auq ust 29, 1978 Paurus move.i, Massengale seconded, to adopt PESOLUTION #934 Resolution #934, A Resolution Approving The Plat Kelley Of Kelley Green, subject to amending to modify Outlot A (easement) . Motion, Ayes (4) - R (0) . South STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City -Council of the City of Orono on , 19_, approving the Plat of Kelley Green on file in the office of the City Clerk/Administrator, City of Orono. Walter R. Benson, Clerk/Administrator Dated this day of , 19_ (Seal) Im l� DATE ��" /?✓ TIME o-Al?' rSU Whil!T You Were Ou t MA. i I1 .F' (�t A,c..t? OF PHONE �r l --jTELEPHONED PLEASE CALL HIM CALLED TO SEE Yt, WILL CALL A�jAINi WANTED TO SEE YOU RUSH } MESSAGE _ A OPERATOR U56 BROOKLYN BLVD.--BROOKLYN CENTER. MN 55479 TELEPHONE 161 TI 961.4470 Estab,~ I W TO hile OF PHONE are TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTED TO SEE YOU RUSH OPERATOR & ( 67d.c' 60494q& N96 BROOKLYN BLVD.—BROOKLYN CENTER, MN. 56429 TELEPHONE (612) 561-4470 Emub"olwd 1954 00e7 Quit Claim Dead. Individual to Individual. Form No. 27. Minntaota Uniform Cenveranclne !lank& (1931). lg �itbgttQCt, Mad. this........... /./..T..M ...__. __......day or. UPT. .......................... 1P 78_. lrtuYen ���i�...lS..t...Y.Oa.�-.�.�.�J..»ww�p.�...�.�'.5�;....ale«stet•...S...F�e1L^y..ez�d.'.'�,t...Ks.Ke�.ey.,..his..�ci:e; and John Richard Kelley and reit}7 Keller, his vile or the County of..t!?�:L1^�:xl............ _ _....._ ..........._-and State of _. _ 2';nneac`„a..............-................... part . = e3 _of the first Steven J. Y.ell e ' ^sue p port, and............ s �., ................... .................. . .... .. _... .... .......... ....... ..... -. . of the County of . ie.n-=' ..........and State or_........7'!rrez..Q!L!...w....-........_ ....... _ .... part....l..........of the second part, Of ntiftlb, That the said part.=e^.. ...of the fiat part, in consideration or the sum. of C'ne Dollar and oth r . Mr'. sL.-icy ;rii+l b�A .....- ........... ............ __........................... w......:. r _.:.......G!1.11:�: i . ^S t �M ...-....-...- ....-_ �.. -_-.. DOLLd RB, y......... ._at=- ............... _........._in hand paid by the said part-7---of the second part, the receipt whereof is hereby ucknowled jed, do.............. ._hereby Grant, Bargain, Quitclaim, and Convey unto the said part.._'` ._._ of the second part, ...Al1E....._—heirs and assijns. Forever, all the tract --or parod.—.Vf land tyilaj and beinj in the County or....ita M i .....and Sfatt of Minnesota, described as follow. to -Grit: L^` ' Iand Lo`, ?, Flock -, Lot 1 rr L�t 2, Mine': 2, KPiley Green. % *"t Mb 10 001b Mt &Amt, Tojtther with all the hereditarnents and appurtenances Hunt_ unto btlonjinj or in anywise appertaining, to the said part. .-Of the fecund and 4i jne, Forever. 3" 9t9ttmonr abtttDf, The said part . _nj the fyst part ha_.._ he reun4) set... hand_.__. the day and year first about written. _...__ 1n Presence of Mutate of Ainnezota County or-'......... - ..... ✓' Z On th4....... ...... days/--------- —i;r— 7 ea.?MR......_. _ 19 T 1, before met a A/OTAtt ...P!fllt.i......_. _............ . ••._ within dOW f(r sad County, Pera or311Y appeared to rsw hworon to t� �NOR..s;.__..dNeribed I&,WW Who sxcuted the fbrejoinj instrument, _..._.._..-----_.._.._.._... ...—._._.._._....._..__.._----.owd OGAMQw(Mtjed that.. executed executed the .i~ as.. ..-•.-_ _• tf .J►« alai elwd d..d.---._.....----...____......---..._ _ _. _... . v:.l . ._ _.__...... Notary Pubtic..._...:WoE.w Idrowi,(., County, ,Minn. .My commission "pi -es _ _._,* -40 Girl. 1-, 4 1 19 7�p. NOrf, 1fe 1�r Ilex aarMd -0- Mete•• — f.. ter rM *. Wsraniit 1..ea toad Ito, "ettaveaq 1. Act. 2M—Gilt Claim O..O 1^atv,.t.al t. J.,nt T.nintt Form No. 29 Mi^nooU UMlertn Go^vara^e"toe elan!, tt9)�1 T105Inknture, .Made thi...__.__..�tztr�.__...._.�a, aj_._...scprti......... _....... ..... 1 jv..zs , hetnccn ..Stetife7 J. :Sr...... single►...... _...._._. of life County o/..F.a1MeP;r_............. ._..... ......................... anti state of........Yl.O.i.!!'.3.Qt4........... tntrl of the lirst Iwo, anti....ItR3t3�...t�•....�ilCa�ll::... ...i'.ti.X..r.......I.!tire......... _....................._ ............ .... ........... ........ ... ..... ............... ........................ ............ »....... ................ ._................_.......... _........ ... .............................. t.j floe Cwsroly of used tale of ..m1.ilt. .fl.Q.. . IIIIRF t ...... rM t .... ........................ Pets t:r.. fit list .,r rrrstd file 1. Wife 5tfh, That Nor said %a,.�..._........n� file lirsl arl, n consideratiros of the inns uf... One dollar n•,a ether food and valvab_e consi�eraton - - - - - - - - - - . ...............................__................................... . _.................... DULL. I J: trt..)ti>A...........in band paid by the heir/ panics of file wruted part, the rteript trhu•.s/is hrsrhy arlwar. refired, do.....eaArrrhy Grant, Bargain, Quitclaim. and Cunrry tnela fit( niiiel ptr,'ti,, ,,j fit, .,rr•,oul purl .,, p,ir,t lr•nont.. atoll end (is 1,01,1111.1 its tvuu,rou, llirir usrrhFus, the tmo-riror of +•eitl lwrtirs. and file hrir. oud ai.v ni a Nor stfl-rirv,r. 1•to'rr•r•r•, all the trot I ................. or larrrl...... .....of lopid liing tintl lo•intt in h- ..... anel Vnfr of .Uinnfxdn. drirrilivl uA fop/use.. l.e-nil: Lot 1, Block 2, Kelley Green and an undjtirided 1A interest in Vmtlot B and Outlot C, Kelley 3rcen. ^,eZether with And subject to an easerent for roadway purpose^ of inj.ess and ef-ress upon, over and across Outlot B and Outlot C, Y.elleI Green. It is further understood and arrcrd by and between all of the property owners of Kelley Green that each lot owner erlll agree to pay a proportionate share of any costs of r..ainta_ninC or inprovini: said Outlet B and C for road puroones. geIMbt anb to JOo1b the *amt. Together with all the her-editantrnts and appurtrnant'es !hcrenn;.i belonpinif at- ire anywise upiKrtairainii to tier sail par'lies of Nu eecone' part, their aseigins, the am•t•u••r. oq ouitl pnr•lic-, used tier heirs end ux,.ysre of l:er surticur, For,•r•er, the stsid prarfitu o/ the srr•nnd p,o•t lakity? ua i int lrraunts anti no., as ttitanli it,. tanuaose. In Iresfintonp Vlfjrrrof, Thr, said lNirr...y.------- ------ __ of the first part ha....C.-Arrettuto met. MR luutd._........ ..the day and year first abot•c written. Or In Presence of Steven J. Kelley Otate of IT"linne5ota, ((�, county of. ...... H¢pmtP..... . 1 �i4, on tie...._.._ ._.Li S� 1#_71, . d°t► o! .- - •---i'1'�'-'l►1AC..._.... _. _.. -.., byorr rue, .writhin and for sold County, personally appeared T fYrf✓ �. 11..f� ...... . _..._ _ _..... ... . to are known to be the Person ...........described in, and who executed the fures!oinq, irutrunatiat, ................ _ _..._... .. N.ty _ _. _...and acknuwlydded that he rxerm(rd a.. the some os..........h�ta.. 11ree act and deed ......................... .Votary Public .......!l`*,a, ,mrmj County, .Minn .My rem mission etpirea . �k AAeC.y 1 i 19 7Y N4YM Tla b"nh Iln m k d - %S Nnt." .r. to _. k_ rh. Wv.ttt..t t. _...tt by .. r,wney In e.r, Coss Quit Clain, o.ad. Individual to Individual. Form No. 27. '"' ` — a Mlnnnold Unicorn, Conveyonclny •lams (1931). tg Inaent re, .ffade this..........._. ._................... ._ day of.. S C PT. between �twen..T:...K1eYJ.._$.T4ae _.._....._.._.. ........ of the County of. __ TT ^n, p ,n..,...... . _....... ..and State of irsnesota... part-1---of the first part, and. Z ^ Gt S. ':e1_l^_r1 single ... .............. _-........... .............. _...... ...... _.... _............._.... ..... ............ _. r_..... ............. ......... . I ....... ..... ...... - ... ........... ._........... _. of the County of ......_ITC .'.mein .......... .... ......._.. ......._.—And Stat! oJ_...MITaM.w IA.'..._........................................_..... _. .. part ..................of the second part, MitSSIA. That the said partw. .....of the first part, in consideration of the sum of ............Cue. Bo11s:...4na...athez-food-an:.1 ram' �aab�...cvns:.deru*.L.1...-... -. _.... DOLMRS, tn.......11i,^............... _................. _in hand paid by the said part....____.-oJ the second part, the receipt whereof is hereby aeknowledged, does ... hereby Grant, Bargain, Quitclaim, and Convey unto the said part:_...._._ of the second part, . _.ram 5................h.eirs and assigns. Forever, all the tract___..or parcel.—.vf land lyinjr and being in the County oJ......_IPMW—iin........ .... ............ _...... _and State of rllin.nesota, described as follow, to -wit: Lots 1 and 2, Block 1, Lot 2, Bloc,: 2, Outlot A and and undivided 3/4 Interest in Ontlot B and Outlot C, Kelley Green. Subject to the vendee interest by an unrecorde" contract for deed of John Richard Kelley and Faith Kelley, husband and wife as joint tenants and together with and subject to an easewnt for roadway purposes of inCress and e-rers upon, over and across Outlot B and Outlot Cs Kelley Green. It is f::rther understood anal agreed by and between all of the property own-rs on Kelley Green thet each lot owner will agree to pay a proTnrtionate share of any costs of raintaining, or ir.Trov=nZ- said Outlot B and C for road purposes. 99 OAW Mb f0 001b ft SAMt. Together with all the hereddallnents and appurienanoss there - unto belonging or in anywise appertaining, to the said part.. .. _ __of the second part, - Wild assigns, Forever. Sn Ctffitn0ltt UbtrNt. The said parV. - of the first part ha.2_..hereunto s,t......_}1�:...._ hand- ._..the day and year first above written. - In Presence of is k"kAN\) Steven J. Keller....._...... Atatc of f inntoota. sd. (?aunty of .......... eY a `e , 'V 0A _.dop of !e.-7ICAAe1C. 19 79, before me. a.._.._.... ..OTA41Rr 1w.1,L / G _ within and for said County, personally appeared -.�._..._. .....�T..�.✓.twat..... J .... &AMLIti -- - - .. ....__. ......................------- .....__..._._.... ----.._...._......................... ..............._ .....-.. - .... -__..._................ -... ............... ._.. ....... _....... ...-....__..-... to me known to be the r.rsa...... __.. aesertbed (lit, and who esleeuted the Jore#o+ef inegn wetse, _ _... .. .._......_... ___-.-----..and ooknowledged that the some a I�11 _..._..__. _ . JYw aoe and deel_................ - ....... ___-.._._._.... on NNW Notary Public rf 4isU-99/e- County, Mann. My commission eepiru . _ & 4sl"- L g.. , 19 noes, Tru. Maas n.. �r •�. wa.•- .,. t� �..�.. u. u,...�..a r .�..a.r b r aarrr 1. taaa. FLOWAGE AIM CO?:SERVATION EASF-1-11ENT A?o-D WAIVER OF DAMAGES fester S. husband a THIS INDENTURE, made and entered into this �L�iay of narried, Kelley, d wife heirs, assigns, successors (hereinafter collectively referred to as the Grantor(s)) and the City of Orono, its suc- cessors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee). WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to Grantee the right to restrict and Grantor(s) agree to limit and pre- clude (he use, improvement and development, under the condi- tions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: Outlot A, Kelley Green, Hennepin County, Minnesota, according to the plat thereof. as follows: 1. Grantor(s) hereby covenant and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limit- ation, fences, fireplaces, steps, docks, piers, hard -cover or roads of any nature whatsoever, or any other structure or improve- ment inconsistent with the natural state of the Land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, cr�Avel or other siub:,tance ur i.. A c: is as landfill shall be placed, dumped or stored•upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil co,:- servation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforce.^ent of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural mat- ter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual fl^•wa;e easement and riuht and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within ter-ms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or other- wise, except as hereinabove set forth. The Grantor(s) herein certify that the land herein _described are free and clear of all encumbrances except: All the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of thea thereto. — Lester • STATE OF MINNESOTA ) R R.Kel ) ss. John Richar COUNTY OF HENNEPIN ) Faith Kelley On this sj� day of _ J��x _, 19721, before m a Notary Public within and for said County and State, personally appearedL"o p f_tt��.L Ar 4�_aq�• 1•!+•• ?�a�+.re� Klac�r- known to me to be fhe person(s) desc ibed irS and who executed A**sf4.0, the foregoing instrument, and acknowledged that they executed said instrument as their own free act and deed. Notar uS. b is State Deed Tax Due Hereon: Exempt ", *.` Ho.e �ORpONe-w ME%%LP i CZ_mll' This instrument was drafted by: ``��''�� ���'""'"�'E'-"•"''" "`' POPHAM, HAIK, SCHNUBRICH, KAUF'N.AN 4 DOTY, Lta'v� �• li« a• �`"` 4344 IDS Center, Minneapolis, Minnesota 55402 (612) 335-2331 ROAD AND UTILITIES EASEMENT THIS INDENTURE, made this 72%5day of 197_7, by and between Llp S. K� Kelley, husband ancTwife, John Richard Kelley and Faith Kellen, husban_�_ �— her einafter referred to as 'Grantor(s), and the City of Orono, a municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee". WITNESSETH, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and for other good and valuable considera- tion given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigf.s, an easement for public ingress, egress, access, road and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota as follows: Outlot B and Outlot C, Kelley Green, Hennepin County, Minnesota, according to the plat thereof. including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate and repair a sanitary sewer lift station, sanitary sewer interceptor, sanitary sewer main or line, gravel or paved road and any and all appurtenances incidental and related thereto, (such are hereafter collectively referred to as the Improvement), and the Grantee shall have the right to make such use of said land as is reasonably necessary and advisable to the construction, installation, maintenance, operation and repair of the Improvement. In addition to any other remedy the Grantee may have, th,: covenants and restrictions contained herein may be enforced by injunction. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein described are free and clear of all encumbrances except: IN WITNESS WHEREOF, said Grantor(s) have set hands) on the day and year first a ve wri t�� LJLOVCI S. eV � 2 0 STATE OF MINNESOTA ) Fat Ke ey ) ss. c4`. COUNTY OF' HEN14EPIN ) On this /rr day of _ fuck► 197 g , before me personally appeared [�. s a-� - �. atr•.r m a . J.Aw R*t.4&, y*Wk4 • FA" ,tt«I , to me kndWn to be th p rs n(s) d scribed in and who signed the foregoing instrument, and acknowledged that they executed same as their free act and deed. X Notary l STATE DEED TAX DUE HEREON: Exempt This Instrument was Drafted By: POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, Ltd. 4344 IDS Center Minneapolis, Minnesota 55402 335-9331 blic oJi- V.5. GORDONNCTA,.v PUBLIC MINVCSQTAHELNNEPIN LO,rs'Y c MyC0 MIvionExperts MaI..E 1:) Quu.(1ini 1iee Form No. 27-M ` Ine/r11vd In Inenlerp.I hdVjh 8/10/78___ __. _..�____—IMinnesw. Uniform ConcrysncinR Elrnk. (Ra.iwd I9"6) TWO I11afIltUCe, ,hrdr this day r,f �1"78 hetuerreLlCYd S. Kelley, urmirried; Lester S. Kelley and Mary K. Kelley, his wife; and Jahn Richard Kelley and Faith Kelley, his wife of t he co u n t y of Herulepin 'l o d .N /o h of Minnesota part ie8)f the first part, and Steven J. Kelley, single, of t he ('u u n (It of Hennepin and s t a t c o f Miline.Sota part y of thesccond part. UjitneoOtth, That the said part >_es of tier first part, in con.videralion of the .vain of Orle Dollar and other guW dW valuable to !held in hand paid by thr said port y of the.vecond part, the rrr•ript n•herr•of is hereby acknowledged, do hereby Grant, Bargain, Quitclaim, and ('onre,y #into thr .said part y of the second part, his ... _ heirs and assigns, Forever, all the trait or arcel of land lying and being in the ('ountyof _ HennePin and Slate af.,linnesota, dr.ecribcd as follows, to-u•it: Lot 1, 2, 3 and 4, lot A, B and C, Block 1, Kelley GreenYjlpw i J GT✓ r�.21 We rf 7. F.:k eiAL HEREIN SMALL BE SENT TO: N:-,r� of 1Ntg. Co. LiP Code �lcon Nun�oe� ��� 'rr 1•: me of G:anire M�i1'^B AJdress State LP Cody State Deed Tax due $2.20 to babe anb 10 001b tht &amt. Totether with all the hereditanlrnts and appurtenances lhereunto belonging or to anywise apperlalnint, to the said part ieSof the second part. their heirs and assi jns. F'orrrer. in Qestitnonp ohtreO. The '..ut part "of the llrr.1 part ha Ve heffUnto s ' ,�Z• hand i the day and yr•urllrst ahnlr written `� � Lloyd �11 2.esS. KQ11eyJ`�� Mary pK.` 3jn, ? iGc O J �� chard ley I I Faith Kelley ✓%-- --- Mt CIA. Drad. •7 Miikr•Davit Cat., Minn.al-le, _lnsi.YwlN]Was Wriest.;, jh _-8/1 8_. 'Otm NO. 29-M Mintt..aa Unilor,tt C.wtvefancin1,ebnk. IR.viv.d IYt41 Irbig Inbenturt, Made this . ..................... ............ ...&W of......... ......... .. betweenSteven J- Kelley, single.. . ..... .......... ............................ ........... -..... _........ ... ............................. ....... ........ - ................ _.... of the County of Hennepin and State of Mika part Y ...._............ o/ the first part, and .. Lester. S.. Kelley .arrl..t?4aty..H....1Gelley, his. wife .. ........_... . ._..._................................. .._........ ......... _........................... ........ _...... __................................... ... , of the County of 8101utepiA ............................ _. and State oJ..............I41.MeBOta parties of the second part, WItntllrttb, That the said Part y. of the first part in ooesideration of the sum of ...... . ...... ........O Do 1" d d...4�r...gooard..valuable cart ic�esation- - . .......... DOLLdRS, to him in hand paid by the said parties of the wcrmd part, the receipt whereof is hereby acknowl- edged, do es... hereby Grant, Bargain, Quitrlaim, and Convey unto the said parties of the second part as joint tenants and not as tenants in common, their assigns, the survivor of said parties, and the heirs and assigns of the survivor. Forew, all the tract . or parcel of land lying and being in the County of ............. ... ......... _.................. ........ and State of dfinnesota, described as follows, to -wit: Lot 4, Block 1, Kelley Green and an undivided 1/4 interest in Outlot B and Outlot C, Block 1, Kelley Green. Together with and subject to an easement for roadway purposes of ingress and egress upon, over and across Outlot B and Outlot C, Block 1, Kelley Green. It is furthers understood and agreed by and between all of the property owners of Kelley Green that each lot owner will agree to pay a proportionate share of any costs of maintaining or improving said Outlot B and C for road purposes. TAETA T`ME,:TS fop. 4;AL ppOpEP.TY C!S_R:Bo HEREIN SHALL BE SENT TO: State Zip Codc t�cme of Gruntee , -- State deed tax due $2.20 TO *Rbt Anb to APOIb tht 8amt. Together with all the hereditamenta andd appurtenarte" there, unto belonging or in anywise appertaining to the said parties of the second part, their assigns, the sur- vivor of said parties, and the heirs and assigns of th.e survivor, Forever, the said parties of the second part taking as joint tenants and not as tenants in oommon. 3n 19t9 imOnp MbtrtOt. The said party of the first part has hereunto set his hand the day and year first above written. .......�e�...__ __ Steven J, Rellej► Vun t:rm Deal Jfillrr-W,i, Cn . M-nr l—k Ind. idrb.t In I.di, ldud heh/jh 8/11/78 Form No. 27-%1 Psnno.rr. Cn�lnon can. ry,nnnp ehn�, (tt--d 19-L) Tbig Inaenturt, .Ilea/,• I/Ii.s bly of 78 brticeen Steven J. Kelley, single, , of the (•ounlyrrf Hennepin of Minnesota part y of the firs/ part, and Lloyd S. Kelley, single of the ('only of Hennepin and Xlrrlr of Minnesota tarty of,'hrxrrond part, [ilitntggtth, 7'hal the, .+aid part y of the first part, in ronsielrrntion of the sum of One Dollar and other good and valuable consideration -------- —------------- #eoI./..aites to him in hand paid by the said party of the.rrr•ond part, tlr,• n•r•r•ipf n•Irrrrof is hrre6y arknoulerddrd,doeg hereby (;ran I. 11rireain, QoiIrlaiin,and Convey unto fire .said part of the second part, his heirs and assittns, Forerrr, all the tract or lerrrr•el of land lyi„p and beinpinthe Countyof Hennepin and State of.tlinur.eola,described asfollows,to-roil: Lot 1, 2 and 3, Outlot A arx_ an undivided 3/4 interest in Outlot B and Outlot C, Block 1, Kelley Green. Subject to the vendee interest by an unrecorded contract for dried of John Richard Kelley and Faith Kelley, husband and wife as joint tenants and together with and subject to an easanent for roadway purposes of ingress and egress upon, over and across Outlot B and Outlot C, Block 1, Kelley Cry. It is further understood and agreed by and between all of the property owners of Kelley Green that each lot owner will agree to pay a proportionate share of any costs of mainta .ng or inproving said Outlot B and C for road purposes. TAX STi.T[1r.ENTS FOR R[AL PROPERTY DESCRIBED HEREIN SHAH BE SENT TO: Ncme o` t'19. Co. .... •.r. Adirrss act_ ip Ccd: f l-in Number t.'r_me of Grantee Mailing Address 'C:ry State Zip Code State deed tax due $2.20 U Jbabt anb to lbolb the name, Top,ther rrilh all fit, hercdilarrlrnts and appurtenances therrunto helonLfin j or in anywise appertaining, to Ih, void burl y of the strand part, his heirs and assigns, For,•err. Jn Irtgtimonp Whereof, 7'h,• ,and part y r,It ho,flrst port ha S hereunto set his hand the doyand yeorhrstuhorritriIten . ffr $,,ill;4` r1 • �r.l Oil Steven J. Kelley MINUTES OF A PLANNING COMMISSION M'' 'NG HELD ON AUGUST 14, 1978 Page 3 Mr. Gardner was present. Olson stated that all requirements have been met and the staff now recommends approval. NOTE: Wilson raised some legal concerns regarding the format of our resolutions for plat approval and wondered if staff should investigate a more efficient method to ensure proper r-cording of required documents. Olson stated this was an interim problem and what the City attorney intends to do in the adoption of the ordinance is to have the City, in the presence of the applicant, do the recording. KARL GARDNER 2885 Sixth Ave. FINAL PLAT (#356) No. Hassel moved to approve the final plat in accordance with the attached resolution. Motion seconded by Wilson. Vote: Ayes (4), Nays (0). Motion passed unanimously. �/ Mr. Kelley was present. Olson stated that the ✓i�LOYD S. KELLEY preliminary plat has been returned in the final 85 South Brown Road form and all technical requirements have been met. FINAL PLAT (#372) Hurr recommended approval of the final plat in accordance with the attached resolution. Motion seconded by McDonald. Vote: Ayes (4), Nays (0), motion passed unanimously. Mr. Plank was present. The preliminary plat was MICHAEL PLANK approved at the last Planning Commission meeting. 4145 Watertown Road The location of the septic system was discussed VARIANCE in great lengths. Planning Commission was very (#399) concerned with having to issue a setback variance on a 5-acre lot particularly when the lot is newly subdivided. After a couple of unsuccessful motions and considerable discussion regarding the physical problems and alternative solutions, Hassel moved to approve the variance in that the hardship appears to be contour and configuration of the land and wetlands and the designated site for the septic system. It was felt that because of slope of the ground and low areas on the lot, there would be drain:tge problems, access problems (driveway grade) and passible drainfield operation problems if the house was moved 25 ft. further from the road which would justify this variance. Motion was seconded by Wilson. Vote: Ayes (4), Nays (0). Motion passed unanimously. TO: Planning Commission & Council #372 FROM: Alan P. Olson, Village Planner DATE: August 9, 1978 SUBJECT- #372 Subdivision - Lloyd Kelley 125 South Brown Road The preliminary subdivision was approved on June 28, 1978 subject to the conditions noted on the attached list. The City engineer is reviewing the driveway plans. All other items have been completed to the satisfaction of the staff. I recommend final plat approval according to the attached resolution. PLANNING COMMISSION MEETING - AUGUST 14, 1978 Recommended final plat approval per attached Resolution. TO: Planr=fission Council FROM: Alan P. Olson, Village Planner 3 nATE: Au•,ust 9, 1978 SUBJECT: #372 Subdivision - Lloyd Kelle} 125 South Brown Road The preliminary subdivision was approved on Tune 28, 1978 subject to tho conditions noted on the attached list. The City engineer . reviewing the drivewav plans. All other items have been c. AeLed to the satisfaction of the staff. I recommend final plat approval. accur,ling to itt::ched resolutiu• PIAA,s,+1TX7!' "�* 'N MEETING - AUCUST 14, 1978 Re^onimerided fins:l plat approval per attached Resc.,L,. for TO: File FROM: Michael Gaffron, Septic System Inspector UArE: July 25, 1978 SUBJECT: Kelley Subdivision, 125 South Brown Road Upon inspection, the septic systems at 85 and 125 South Brown. Rcna were found to be substandard in design and : cation but are funct wing adequately. Soil testing on Parcel #2 indicates the necessity for an innovative shallow trer_nh or mound type drainfield system for both primary and secondary sites. Soil testing on Parcel #3 indicates that a rather shall 4 conventional system would he suitable for the primary site and .shAllow trench-,: it -he alternate site. TO: Mr. L. S. Kelley, applicant # qM0072 FROM: Alan P. Olson, Village Planner DATE: June 28, 1978 SUBJECT: #372 Subdivision Application Conditions of Preliminary Approval Preliminary approval was conditioned upon: 1. A private road, platted to the west property boundary as an outlot, with construction not required until prior to issuance of bu�'.ding permits for lots 2 and 3. 2. City approval of septic system site evaluation reports on lots 2 and 3 prior to finer plat apprr al. 1-1 3. WetlRnds along Brown Road platted as an outlot with conservation eas ent to the City. Plat Drawing to include: ✓ 1. Roadway plated as outlot to west property boundary, 50 ft. wide, 100 ft. cul de sac as shown. 2. Wetland, platted as outlot. 3 Drainage easements platted as follows: 01"-width as required, minim; 10 ft., along west proper~ boundary. ..-width as required, minimum 15 ft., along ravine (lots rind 4). 14. Drainage and utility easements platted 10 ft. wide (5 't. each side) along all property lines. V Two mylar copies, two hardshell copies, twenty paper copies, and one copy reduced to 1" - 200 it. wit t CITY of ORONO lost office Boa GbIlCrystal Bay, Minnesota 553230Municipal Offices Teleohone 473.7357 Air. Lloyd S. Kelley 125 South Brown Road Long Lake, Minnesota 55355 NOTICE OF CITY COUNCIL ACTION Control No. Variance Conditional Subdivision, Subdivision, 1)ate of Meeting: June 15, 1978 Votes: 4 For U Against Abstention 372 Use Permit Prelim. Final Date of Notice 6'28-78 Action:__ Approval: As submitted subject to a?plicab• 'finance requirements -M Approval: Subject to conditions noted Deferral: Pending receipt of information noted } Referral: Review by others, as noted Denial: For reasons noted NOTES 6 SPECIAL CONDITIONS: Four (4) lots per survey dated May 19, 1978 conditions noted on attached list dated June 28, 1978. Deadlines:_ Variance approval expires one year after the meeting date. Contact building inspector for required permits. _ Conditional Use Approval Must be renewed annually. Expires on Must be renewed upon change in ownership or use. XX Preliminary Subdivision approval expires after one year of meeting date. Contact zoning Administration for final plat requirements. _ Final Subdivision approval expires 6 months after meeting date. Contact Zoning Administration for filing requirements and document approval. Deferred items may be declared formally withdrawn if applica, £ail+ r . , provide information within one month of meeting dates cr by date specified by Council. If you desire certified -ories of the official City rouncii Minutes, they are available from the City Clerk upon review and approval by the Council. F.EGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 3 No comments from the Park Commission. PARK COMMISSION No comments from the Planning Commissiot,. PLANNING COMMISSION Lake Minnetonka Conservation District Representa- LMCD REPORT tive Norman Paurus requested that the LMCD Budget be entered on the agenda when submitted. Mr. Alan Olson, City Planner, entered into the record the following request of Lloyd S. Kelley►, Brown Road South 85 Brown Road South, dated April 4, 1978, which #372 states: Lloyd ',e l ley This subdivision is a proposed lc-t line rearrange- ment and subdivision resulting in three parcels where two now exist. Parcel A, 6.19 acres including a drainage area along the west edue. Parcel B, with an existing house, 88,4 '; sq. ft including some wetlands along Brown Ro, a and up to the existing driveway. The area was hc:,d.ing water to within 18" of the driveway on April' 4, 1978. Parcel C, with an existing house 98,150 sq. ft. (up from 60,000 sq. ft.) including a drainage way along the west edqe. Each parcel exceeds the minimum lot area, lot width and structure setback requirements. Staff has asked for copies of the torrens certificates noted on the drawing. I believe three issues should be addressed: 1. The relationship of this division to the other recent divisions to the west., particularly the Jackson redivision of the Kelley i Kelley division. Note that when the Kelley : Kelley division was first proposed, staff recommended a review of all of this property for continuity and good planning of roads, access, lot design,etc. 2. Access is important. Parcel A at six acres could be redivided. I suggest further review of possible divisions and road location. The road should be an outlot with access available to all future lots. A real possibility is the connection of this road to the new cul-de-sac in the Jackson 3ivision along the route of the existing road which connects these houses to the nursery building. The•"ravine" noted in earlier reviews is not that much of an obstacle. 3. The wetlands and drainage areas should be identified and protected ir: the standard mu-ners. Septic- testing will be required on Parcel A. (Continued) REGULAR MEETING OF THE ORONO COUMCIL, JUNE 15, 1978 Page 4 .Planning Commission fleeting - April 10, 1978 Sketch Plan Review The Planning Commission suggested preliminary plat indicate the following: 1. Topography and wetlands identification and locations 2. Calculated dry buildable area for each proposed lot 3. Consideration of extending road easement through Jackson subdivision to Brown Road 4. Drainage Easements and design Planning Commission fleeting - May 8, 1978 Acting Planning Co:,-.+ission Chairwoman Glori..1 McDonald announced that this was the time and place for a public informatiion meeting for the Lloyd S. Kelley subdivision at 85 Brown Road South. Applicant L. S. Kelley was present. A new sketch plan was presented to the Planning Commission show- ing lour proposed lots with access road continuing through west end of property for possi.bl�- future connection to adjacent roadway. Staff recommended this roadway become an outlot and that Planning Commission should address, location and future filling of wetlands as they pertain to existing and proposed roads. fir. Kel..ey stated the existing road will continue to be usEd for the present time. Staff recommended possirie jog of road outlot to include existing access across wetland and that wetlands easement should be addressed. Motion by Hannah, seconded by Frahm, and ap;)roved unanimously to give conceptual approval to :his subdivision contingent upon appropriate presentation of further information: SUBDIVISION 85 Brown Road South (Continued) 1. Soil testing must indicate adequate sewage treatment capability 2. Locations and setback distances of all existing structures must be shown 3. Private road must be platted as an outlot 4. Easement over road be granted for future City use 5. Park dedication fee paid. 6. Due to concern regarding location of road through marsh area, prior to final Council approval, construction plans of roadway should show it will not interfere with the character of the existing marsh 7. Marsh issue must be resolved 8. Adequate drainage p1Rns must b­ bmitted (including topographic map) (Continur�d) REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 5 Staff Note - May 16, 1978 SUBDIVISION 85 Brown Road South Applicant is preparing revised map and septic (Continued) information as requested by Planning Commission. Council Meeting - June 15, 1978 Butler moved, Paurus seconded, to approve the preliminay subdivision request of Lloyd S. Kelley, 85 Brown Road South, per the Planning Commission recommendations of May 8, 1978. Motion, Ayes (4) - yays (0) . Mr. Alan Olson, City Planner, entered into the SUBDIVISION record the following request of Jurgen Stielow, 565 Leaf Street 565 Leaf Street, for a subdivision dated April 4, #367 1978, which states: Jurgen Stielow Sketch Plan Review: This is a proposed 13 lot residential subdivision of the former Andromeda property between Leaf Street and Bayside Road. The sketch plan is an opportunity for you to review and comment on the proposal at the conceptual stage. Items for discussion: Wetlands and flowage ease- ments along shore and pond; riparian access; int-,*ions for the existing church building on Lot mnd foundation on Lot 7; should the road be E is or private, and should it be gravel or paved': Planning Commission Meeting - April 10, 1.978 Planning Commission reviewed sketches indicated some objection to substandard area of Lot 10, Block 1 and setbacks of existing structures from proposed lot lines on alternate plan dated April 6, 1978. Suggested developer revise plans to meet m.iimum area and setback requirements. Indicated preference and conceptual approval of original proposal. (Plan dated March 27, 1978) Staff: Developer will be submitting revised plans for second sketch plan review Planning Commission Meeting April 24, 1978 Mr. Stielow was present at this meeting and the Planning Commission reviewed his latest plan which is dated April 20, 1978. This plan has been rearranged to show response to the -nncerns and questions of the Planning Cuuunission at, the )ast meeting. General discussion followed during which the Planning Commission noticed considerable work and improvements over the previous plats. (Continued) June 7, 1978 Mr. Lester Kelly 125 South Brown Road Long Lake, Minnesota 55356 ke t4 r 545Indian Mound ; Wayzata, Minnesota 55391 (612) 473.4224 Re: Percolation Tests for Subdivision Platting, Orono, Minnesota Job Number 2.1-78-25 Dear Mr. Kelly: Enclosed is infer. • requested in regards to the suitability of Parcels 2 and 3 for on -site sewage treatment. The drainfield information is based on percolation tests and soil borings performed on May 23, 24, and 25, 1978. Parcel 2 The soils found on Parcel 2 are Glencoe silty clay loam, Hamel loam and Lester loam. These soils are mapped in Figure 1. The p, >>_a- tion rate for the primary field as tested was 9.7 minutes/int The percolation rate for the secondary field au tested was 7.3 minutes/ inch. The location of the percolation test holes, soil borings, and the proposed drainfield areas are indicated in Figure 1. Percolation rates and depths to the water table are shown in Table 1. The soil logs of the soil borings are showy. in Table 2. An "innovative shallow trench system" or a mound system is recommend- ed for both the primary and secondary drainfield sites. These sys- tems will allow for the required 3.0' separation between the bo-tom of the drainfield and the water table. The soil borings `aken at the primary and secondary drainfield sites indicate that tree: water table is at a depth of 4.0' or greater. I have enclosed an eleva- tion view of such a system. Parcel 3 The soils found on Parcel 3 are Glencoe silty clay loam, Hamel loam "nd Lester loam. These soils are mapped 4n Figure 1. The percol-- tion rate for the primary field as tested Was 6.5 minutes/inch. the percolation rate for the secondary field as tested was 11.5 minutes/ inch. The location of the percolation test holes, soil 1,orings, and proposed drainfield areas are indicated in Figure 1. Percolation rates and depths to the water table are shown in Table 1. The soil logs of the soil borings are shown in Tabl- Z. June 7, 1978 Mr. Lester Kelly Page Two A conventional septic system is recommended for the primary drain - field site provided that a 3' verticle separation is maintained be- tween the bottom of tht-'drainfield trenches and the wat- able. The soil borings taken at the primary drainfield site _5 to that the water table is at a depth of -5.1' or greater. An "innovative shallow trench system" is recommended for the sec- ondary site. This system will allow for the required 3.0' separa- tion between the bottom of the drainfield and the water table. Soil borings indicated that he depth to the water table is 4.0' or greater. If you have any questions, please do not hesitate to contact me. Sincerely, EUGENE A. HICKOK 6 ASSOCIATES James P. DeBeiiedet, P.E. JPD/jel Enclosures 6 Lo,'i on' +4m�i�i �Y f � 1 F--- ; r�-an�►rt.� I 1 col nb4Y UTU E �Jp'8 --- -- - � r SITE // 8 � �prrlEi. wp.l-� Z. o4 Pt-U5 t LESicZ LF-4611. 1 LvF.rl sI LTY G,.P-Y - • �5�� l.0at1 o� �� ♦�F, I 4��3\ ,'t 14 ` X SOIL, &CV-4P 1L. PPS! D " Z LES KELL,' )(;>,A TEST Lx.P�jl01� ; SOtL-5 AL-, SOLI FoR"tJL- r1w E.A. HICKOK & ASSOCIATES HYDROLOGISTS-UI CIHE> PS MINNEAPOLIS-1,►iINNESOIA TABLE 1 PERCOLATION RATES AND DEPTH TO WATER TABLE PARCEL 2 - (no lot) Percolation Rate Depth to Hole Material Minutes/Inch Water Table 1 Fine sandy clay 21.8 - 2 Clayey sand 5.0 - 3 . jyey sand 8.8 - 4 Clayey sand 8.3 - 5 Clayey sand 8.6 - 6 Fine sandy clay 20.0 - Sbl * - 5.51(mottling at 4.0' Sb2 * - 6.0'(mottling at 5.0` Sb3 * - 5.0'(mottling at 4.0' Percolation rate of the primary field (holes 1, 2, 5, 6) = 9.7 min/inch Percolation rate of the secondary field (2, 3, 4, 5) = 7.3 min/inch *See soil logs of soil boring. PARCEL 3 - Hole Material 1 Clayey sand 2 Clayey sand 3 Clayey sand 4 Clayey sand 5 Fine sandy clay 6 Clayey sand Sbl Sb2 Sb3 Percolation Rate Minutes/Inch 3.7 7.3 10.0 10.9 43.5 5.5 Depth to Water Table Greater than 8.0' (mottling at 6.51) I� 7.01(mottling at 5.1": 4.0 (mottling at 4.501 Percolation rate of the primary field (holes 1, 2, 5, 6) = 6.5 min/inch Percolation rate of the secondary field (2, 3, 4, 5) = 11.5 min/inch *See soil logs of soil boring. water taste encountered at -4.u'. TA. E 2 SOIL LOGS PARCEL 2 - SOIL BORING NO. 1 Depth (feet) Material 0.0 - 0.5 Dark gray sandy loom 0.5 - 2.1 Dark brown sandy clay 2.1 - 4.0 Brown clayey send 4.0 - 6.0 Brown sandy cic , mottled 6.0 - 8.0 Yellow brown silty clay, mottled Water table encountered at -5.5' SOIL BORING NO. 3 Depth (feet) Material SOIL BORING NO. 2 I'epth (feel' rial 0.0 - 1.0 -k gray sandy loam 1.0 - 2.2 Dark brown sandy clay 2.2 - 3.8 Yellow brown clayey sand 3.8 - 8.0 Yellow brown silty clay, mottling at -5.0 Water table encountered at -6.0' 0.0 - 1.0 Black sandy loam 1.0 - 4.0 Reddish brown fine sandy clay 4.0 - 4.8 Brown sandy .clay, mottling at -4.0' 4.8 - 8.0 Yellow brown silty clay Water table encountered at -5.0'. PARCEL 3 - SOIL BORING NO. 1 Depth (feet) =terial 0.0 - 1.0 Brown sandy loam 1.0 - 2.0 Yellow brown sandy clay 2.0 - 6.0 Yellow brown clayey sand 6.0 - 8.0 Yellow brown silty clay, mottling at -6.5' Water table not encountered within 8.0' of surface. SOIL BORING NO. 3 Degth (feet) Material 0.0 - 0 . ,. h• wn sandy loam 0.5 - 1.0 L silty clay loam 1.0 - 3.0 Y, ....c r brown s i l t y c' ; Water table encounte-ed at -4.0'. SOIL BORING NO. 2 Depth (feet) 0.0 - 0.5 0.= - 1.0 1.0 - 3.5 .1.5 - 7.0 7.0 - 8.0 Material Brown sandy loam Brown silty clay loam Yellow brown silty I clay, calcareous material Yellow brown sandy clay, mottling at -5.1 Yellow brown silty cla- Water table encountered at -7.0'. Ruth (feet) 3.0 - 3.5 3.5 - 4.5 4.5 - 6.0 6.0 - 8.0 Material Yellow b_-own sandy cl a, Yellow brown silty cla,- Yell-w brown sandy c l a , mottling at -4.5' Yellow brown silty cla_ Fri. � .-•,' �.. : CRASS COVER pr SOIL 8AC FILL OVER A.RFr4 •^ N (,.:� 10'-15' •. Q R A I N FF 0 • TRENCHES j -AT LEA%r 41& --i ORIGINAL. . GROUND ;,,"'INTERCEPTOR OR SuRFACE CC CURTAIN ORAIN TO a �-- r �N L WATL ° , SOIL TREA'rmEIy`- 'NIT US '': SHALLOW TRENCHES AND CUkTAIN DRAIN . ' CITY OF ORONO, MINNESO'fA MINUTES OF A PLANNING COMMISSION MEETING HELD MAY 8, 1978 The Orono Planning Commission met on the above da._ ATTENDANCE with the following members present: Acting Chairwoman 7:30 P.M. McDonald, Members Wilson, Ham-nerel and Hannah. Also present was Mike Gaffron, Septic Systems Inspector, and Jim Olson, the City Engineer. Chairwoman McDonald announced that this was the time ,iUBLIC HEARING and place for a public hearing on Lloyd Kelley ` LLOYD KELLEY Subdivision, 85 South Brown Road. SUBDIVISION 85 South Brown Rd. Applicant Lloyd Kelley was present. A new sketch (#372) plan was presented to the Planning Commission showing four proposed lots with access road continuing through west end of property for possible future connection to adjacent roadway. Mike Gaffron brought up that the access road goes through a wetlands and should be made an outlot rather than an easement. Mr. Kelley stated that the existing road will remain the same. If the proposed road is developed there will be marsh wetlands to deal with. There were no comments or discussion from those attending the public hearing, therefore, the public hearing was closed at 7:45 P.M. Staff requested that no further action be taken until soil testing information is received. The roadway should also be clearly defined. Commission Member Tom Frahm arrived. 7:50 P.M. Jim Olson stated that in terms of a concept it is most acceptable and is in a position to be approved, however, because there are some specifics lacking it would be our recommendation that it be tabled until the next Planning Commission meeting at which time the applicant will have the opportunity to have his engineer supply more specific details on the drawing. He also stated that an easement should be taken at this time to insure the future use of the road for the City. After further discussion, Gregg Hannah made a motion that we give conceptual approval to subdivision contingent upon the appropriate presentation of further detailod information which is not now available to us. MINUTES OF A PLANNING COMMISSION MEETING HELD MAY 80 1978 - PAGE 2 This detailed information includes: 1. Soil tests indicating adequate capability for waste disposal. 2. Revised plan should show exact dimensions of lots and include location of present structures and their distance from the lot line. 3. The private road should be indicated as an outlot. 4. An easement over that road (50' width) should be granted for future use of the City 5. This project should be subject to the Park Dedication Fee. There was concern regarai,g the location of the road and its relationship to 0— marsh area. Prior to final approval it will be required that the applicant make a firm presentation of how the road will be constructed and not interfere i, :h the character of the marsh. Approval is contin,%,t upon acceptable resolution of the marsh area qu,.!:ions. Jim Olson also stated that a topographic drainage plan with contours will be required. Tom Frahm seconded the motion. Unanimously approved. Applicant John Swanson was present at the meeting. He is applying for a conditional use permit to construct two additional living quarters as guest houses. At the last meeting the Planning Commission recommended that the applicant bring in new plans showing an addition rather than two additional units. Applicant presented plans showing an addition to the existing house without separate kitchen facilities or entrances. Planning Commission reviewed the plans and addressed whether 1•ariances were required for the proposed addition. Gregg Hannah made the following motion: That it be approved based on the fact that this is an addition to a single family dwelling and that the variant,., is required because 80% of the lot width requirement is met and because the new downstairs walkout addition will continue the house line which is 9' from the lot line. Motion seconded by Hammerel. Motion carried. PdBLIC HEARING VLLOYD KELLEY SUBDIVISION 85 South Brawn Rd. (#372 Conti,iued) JOHN SWANSON 2785 Casco Point Rd. CONDITIONAL USE (#377) OSUNNEWSPAPEWS AFFIDAVIT OF PUBLICATION LAKE MINNETONKA !SUN 940 East lako Street Wayzata, Minnesota State of Minnowts l County of lbnrlgein i J. R. RITCHAY, being duly swornon oath Says he Is and during all times here slated has teen the sire president and printer of the newspaper known as The Lake Minnetonka Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper 1s printed In the English 'inguage innewspaper formal and In enlumn and sheet form equivalent In printed space to at least 900 square inches. (2) Said newspaper Is a weekly and is distributed at least once ever) week. 431 Said newsps ter has 10% of Its news columns devoted to news of lace] Interest to the community which it purports to serve and does not wholly duplicate any other publication and is riot made up entirely of patents. plate matter and advertisement. U1 Said newspaper is circulated In and near the munlclDahties which it DurMns to sarce, hSa at lout 500 cupies regularly delivered to paying aubacriberq. his an r.�eralle of at but 7aS: of its total circulao• o currently paid or no more than Ihree mont ha In arrears and has entry As second-class matter m Its local post-office 15: Said newspaper purport to serve Carver County and the Cities of Excelator. Deephs"I'l Shore—od, Greenwood, Woodland. Mound, Spring Park, Mirnetonks Beach, Wayzata. Long Lake. Orono, Plymouth and that portion of Minnetonka serving School District No. g74 In the County of Hennepin and 11 has Its known office of Issue in the Village of Excelsior in said county. established and open during Its regular business hours for the gathering of news, sale of advertisement and sale of subscriptions and maintained by the managing officer of ■aid newspaper or persons in ,is employ and subject to his direction and control during all such regular business hours and devilled exclusively during such business hours i., the business of the newspaper and business related thereto (6) Said newspaper files a copy of each issue immedistehwith the State Historical Society, 17) Said newspaper is made available at single or subscription prices to any parson, Corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment tat Said newspaper has compiled with all foregousg conditions for at least one year preceding the day or dales of publication mentioned below l91 Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 10M and each January I thereafter an affidavit In the form prescribed by the Secretary' of State and signed by the managing an of said newspaper and sworn to before a notary public stating that the newspaper Is a legal newspaper. Wrommo m, Ii. an 6 M a Yt M me ae Ram t7 .M New a Mee MM Ysa1� M a t OalaaN (1Ralgsr+ M ilr Speak rasa New AN, ".ad" Irk/ • it's dd1 >a is aas avow Iu"d nated ar/k• w PN— term a r ra'R wa g�paar r tY. tlas rents. t..I, rtr w a1W takes, an ••d LE fo• at c a� Dow — glass f ��0'a. He further states on oath that the DriptlQ_ Notice of Pub)..io Information Meeting . ei it,, att-hed as a part hereof was cut from the columns of said newspaper • and wait printed and published therein in the Cnglish language, once each week. for..lQX111sueesselve weeks. that it wait first to published on__s>faa.—the.. LSt_ _ day o1. ____adsuk_. 11-3+ .a d w as thereafter printed and published on entry__ _ . to and ineludlng ______ale_— dey ufla__ and that the foil 9 is a panted copy .:I a lower can alphabet from A l0 Z. both inclusive, and is htnh, acknowledged as being s .,zit and kind of type used in the composition and publication �f said notice, W wit ah'OrlRhgsimnupgr uSac r s t a alrUrlbgd and sworn I, nit fr.rr me thrt z6 A. ADri 1 to -78 I f, 7 i! L ti, /i, . tA/A jAA )4s�fstlY'i r. t ♦rs".(sal"(gtflr/pY.t APR28 fe7e dr Pla��d�IrW -all W s ►Wlr le{MWlaa r[61Yt[ M tY ! wr iwf0 - - c.�rru 11..�.r. r u �r.w hid � Itaa4r tdey [. bet y�� �/� /gyp OR[�/� • LLAGO V6 ORONO OSUNNEWSPAPERS r~g.rr.r�fisLratir rY.al�Ml w�Y.l d Y losesad a e Bw-a Ilaed "�.r.a.-1......--.-[ itetaM N ssr tliae wnlue Iva ereY sae [ears[ ►tw an wan etch Y beer- � M (ly f1•Ir+a AFFIDAVIT OF PUBLICATION tq use •'kr ^"'°""'""" MMM IP WWI%N LAKE MI NNETONKA SUN D-. , � S -71; $40 lost Lake Street Waysate, Mlnnrwte State of Minnesota 1, a. County of Hennopon I J. R. RITCHAY, been[ duly sworn, on oath says he is and during all times here staled has been the cice president and printer of the newspaper y, own n 'Me Lake Minnetonka Sun and has full it of the facts herein stated as follows (L) Said newspaper is printed in the English Is nfi uage In newspaper formal and In column and sheet form equivalent In printed space to at least goo square Inches far Said newspaper Is a weekly and Is distributed at least once every week. i]i Said ne Hspaper has Ylq of Its news columns devoted to news of local Interest to the """lull munity which It purports to some and does not wholly duplicate any other publication and Is not made up entirely of patents, plate matter and advertisements- 14) Said newspaper Is circulated In and near the municipalilles which It purports to serve. has al lea at 6M copies regularly deRvered to pay subscribers, has an average of at least 73 s of its total circulation currently paid or no more than three months in arrears and has entry as second class matter In Its local post -office. (Si Said newspaper purports to serve Carver County and the Cities of EitcelslOr. Desphaven. Shorewood, Oreenwood, Woodland, Mound, Spring Park, Minnetonka Beach, Wsyzata. Long Lake, Orono, Plymouth and that portion of Minnetonka serving School Dist let No. 276 in the County of Hennepin and it has its known office of issue in the VIWge of Excelsior In said county, established and open during its regular business hour for the gathering of sews, sale i. advertisements and sale of subscripttons and maintained by the managing officer of 'aid newspaper or persons in Its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such business hours to the business of the newspaper and businev notated thereto (6) Said newspaper hies a copy of each issue immediately with the State Historical Society. (7i Said newspaper a made available at single or subscnphnn prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (a) Said newspaper has compiled with all foregoing cundltims for at least one year preceding the day or dates of publication mentioned below iai Said newspape• has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January l thereafter an affidavit in the form prescribed by the Secretary of State and ..fined by the managing officer of said newspaper and sworn to before a notary public ■eating that the newspaper is a legal newspaper. He further states on tiahr that the printed_ Notice of public Information Meeting hereto attached as a part hereof was cut from the columns of said newspaper. and wad led and published therein in the English language, once each week, for... PrIe seemelve u'eakr. that it was first so published on.. Mud_lne___�6 ay of Al>i i 1 Ig_-2-!i and was thereafter printed and published on every___— _.--- ._.-to and including th! _-.day of.. It— and that the following Is a printed cop, of the lower case afphistwt from A to Z. both nclusrve, and is he rob) acknow Mdged as being the sue and kind of type used in the composition and publication of said nonce, to wit akrdH a k i i k i mmapgr st u i- a rn S:ibeeribed and sworn to before me thia--_.11)__ -ay of -- .- '�1 I I —. I91S 1tAlJ1dJ AAANYiY� b� RC• f;f1 a i i i. i ras -'. r l YIr ylf CERTIFICATE OF MAILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. VILLAGE OF ORONO ) I, Henry F. Muhich, Zoning Administrator of the Village of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning Lloyd Kelley's application for a proposed four lot residential subdivision of property located at 85 Brown Road South was mailed to the attached list of property owners. In Witness Whereof I have hereunto set my hand and seal this day of 1978. Henry 'F. Muhic Zoning Adm inistrator CITY OF ORONO P.O. BOX 66 CRYSTAL BAY, MN 55323 NOTICE IS HEREBY GIVEN that the Planning Commission will hold a Public Informa'ion Meeting in the Council Chambers at 1275 South Brown Road on Monday, May 8, 1978, at 7:30 p.m. on the matter of Lloyd Kelley's application for a proposed four lot residential subdivision of property located at 85 Brown Road South. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available for review in the City offices. City of Orono By: Order of the Planning Commission Henry F. Muhich Zoning Administrator Date: April 21, 1978 MINUTES OF A PLANNING COMMISSION MEETING HELD ON APRIL 10, 1978 PAGE 3 The Village Planner introduced the subdivision. Mr. Kelly was present. The Village Planner stated the size of Parcel A, which is 6 acres, should be addressed as to where it will be redivided and where there will be access. Jim Olson concurred that it would be in the beat interests of the applicant and the City of Orono to address the access at this time regarding private or public. The Village Planner stated the Council is in the process of preparing guidelines for the Planning Commission regarding this issue. The Planning Commission indicated that they chid not have any prcblems with this subdivision plan as submitted. The Commission informed Mr. Kelly that any wetlands would be subtracted from the total dry buildable area and that any roads would also be subtracted. The Village Planner noted the wetlands area had not been located and that a survey would have to he submitted indicating the designated wetlands area. WORK SESSION ITEMS Mr. Wittmer was present. The Zoning Administrator stated this is a variance to add onto the existing home on the lake side. He Added that this area is sewered. The Planning Commission indicated that they were not in favor of the deck encroaching within 75 ft. lakeshore setback, but that they did not have problems with the small portion of the porch or the existing steps encroaching. Mr. Grimes and Mr. Dahl were present. It was noted this is an existing non -conforming situation that the addition needs no variances, but that the existing house encroaches into the front yard setback. The Village planner stated that the Ordinance states that if the addition is over 50% of the value of the existing structure it is considered a new structure and requires a variance. Hannah moved, McDonald seconded, a motion that given the fact that this property has bean before the Commission and the Council for subdivision and that they are aware of the existing structure and have previously approved the lot lines, the variance should be approved subject to no new variance being required to add onto the existing structure. Motion: Ayes (6), Nays (0), motion passed. L LLOYD KELLY 85 South Brown SUBDIVISION (#372) J. WALTER WITTMER 1420 Baldur Park Rd. VARIANCE (#368) ORVILLE GRIMES ' Lloyd 1COw- 7 Page g� PLANNING COMMISSION MEETING, April 10, 1978 Sketch Plan Review The Planning Commission suggested preliminary plat indicate the following: 1. Topography and wetlands identification and locations 2. Calculated dry buildable area for each proposed lot 3. Consideration of extending road easement through Jackson subdivision to Brown Rd. 4. Drainage easements and design. Planning Commission Meeting - May 8, 1978 Acting Planning Commission Cbairwoman Gloria McDonald announced that this was the time and place for a public information meeting for the Lloyd S. Kelly Subdivision at 85 South Brown Road. Applicant L, S. Kelly was present. A new sketch plan was presented to the Planning Commission showing four proposed lots with access road continuing through west end of property for possible future connection to adjacent roadway. Staff recommended this roadway become an outlot and that Planning Commission should address location and future filling of wetlands as they pertain to existing and proposed roads. Mr. Kelly stated the existing road will continue to be used for the present time. Staff recommended possible jog of road outlot to include existing access across wetland and that wetlands easement should be addressed. Notion by Hannah, seconded by Frahm and approved unanimously to give conceptual approval to this subdivision contingent upon appropriate presentation of further information: 1. Soil tenting must indicate adequate sewage treatment capability. 2. Locations and setback distance* of all existing structures must be shown. 3. Private road must be platted as an outlot. 4. Easement over road be granted for future city use. 5. Park dedication fee paid. 6. Due to concern regarding location of road through marsh area, prior to final council approval, construction plans of roadway should show it will not interfere with the character of the existing marsh. 7. Marsh issue must be resolved. 8. Adequate drainage plans must be submitted (including topographic map). Staff Note - May 16, 1978 Applicant is preparing revised map and septic information as requested by Planning Commission. TO: lanning Commission & Council #372 FROM: A. P. Olson, Village Planner DATE: April 4, 1978 SUBJECT: Lloyd S. Kelly - 85 South Bra.rn Road Subdivision SKETCH PLAN REVIEW: This subdivision is a PL.,posed lot line rearrange- ment and subdivision resulting in three parcels where two now exist. Parcel A, 6.19 acres including a drainage area along the west edge. Parcel B, with an existing house, 88,447 sf including some wetlands along Brown Road and up to the existing driveway. The area was holding water to within 18" of the drive on 4-4-78. Parcel C, with an existing house, 98,150 sf (up from 60,000 sf) including a drainage way along the west edge. Each parcel exceeds the minimum lot area, lot width and structure setback requirements. Staff has ::eked for copies of the torrens certificates noted on the drawing. I believe three issues should be addressed: 1) The relationship of this division to the other recent divisions to the west, particularly the Jackson redivision of the Kelly and Kelly division. Note that when the Kelly an' Kelly division was first proposed, staff recommended a review of all of this property for continuity and good planning of roads, access, lot design, etc. 2) Access is important. Parcel A at 6 acres could be redivided. I suggest further t..-,iew of possible divisions and road location. The road should be an outlot with access available to all future lots. A real possibility is the connection of this road to the new cul-de-sac in the Jackson division along the route of the existing road which connects these houses to the nursery buildings. The "ravine" noted in earlier reviews is not that much of an obstacle. 3) The wetlands and drainage areas mheuld be identified and protected to the standard manners. Septic testing will be required on Parcel A. #37 r NY2' SFc. 3, d l � �� wt aNw t . � M._• . ram,; 5. MLL_ . , S .... MAIM+•.IM .. . 641 A, A r.! ' 41A. y ' (i..y nil i ...... 1 �. ---------- _. _ __ _. _ _. _- _ T r _ — - All F01 + �•M� C' RdI • ';' Ad/M• i (uaau#aawNr� KA /ir • #372 silt 3 NY2' SEc. %5 T 117' - 23. -J I An An /I. E� PAQC CEO' 'J" #372 .� Y.R.. Oet• �7 A. Rc+. i+d .wry mhr...-:b .t, •a:- (^C � L i e �rf P _�,o ¢�` 2G9��Sp13 SF a PPE "°,,o R° Ago �E L '` • r N .1 AC � � , C Qr 00C 901- Cie D4IvE.v.ev E.68[MEN/ a5 !X'SC'F'3E'D< ►r q� Aso SF , � V N JOV DO N 112 SEC. J, T. 7v R. 23 372 J-' ,,x i AMI L fem A► calmiry h� I PA #372 4c .300 roe ace - -, CL L Co� 61 qc �j f2a fo em 906 A4. • CITY OF ORONO P. O. BOX 66 CRYSTAL BAY, MINNESOTA 55323 BUILDING JOB REPORT ADDRESS _ OWNER - - A CONTRACTOR ( DATE_ _---__.PERVIT NO DESCRIPTION _-_. INSPECTION RECORD f Y eta C! 1 Ire ,®ics? ' i �, , REP �. DATE INSPECTION DAT E -= ---- CITY OF ORONO P 0. BOX 66 CRYSTAL BAY, MINNESOTA 55323 BUILDING JOB REPORT ADDRESS OWNS R CONTRACTOR DATE __ ..___PERMIT NO DESCRIPTION INSPECTION RECORD a REP DATE INSPECTION 111i-,4 �;)Ut5zt- - fta,., ,moo TO: All Department Heads FROM: John R. Gerhardson, Public Works Coordinator DRTB: August 11, 1986 SOBJ: Street Name Request - Kelly Green Subdivision Mr. Les Kelley, developer of Kelly Green subdivision, has requested Shannon Lane as the street name for that subdivision. You may recall his first choice was Lloyd Lane which was rejected. Ile r DA �- - _ _!- ----- TIME _._._...��._.._.._-". While ou Were u t �' -� / A of t If i,#'o of PH( )NE TELEPHONED _._�..,_.._.._..�.. � �- _EASE CALL-._._..� i CALLED TO SEE Ytr) Wit. CALL AGAIN WANTED TO SEE 04, MESSAGE E F4 A T 6956 BHOOKLYN BLVU eF40OKLYN CEN7FR MN 5!54-a14 TELEPHONE (6121 641-4470 Eslow!sfte i i �4 TO DAT! fl.�_. ...... TIME _._ _.,..._ While/ lWere tau t MR Of PHONE TELEPHONED CALLED TO SEE YOU WANTED TO SEE YOU EASE CALL WILIw.CALI AGAIN FA USH ME SSA6E OPERATOR 411 No '•E��H�ch�`'1'rit�tin#,;11 � i�+tt�: (•�t�,''lt�e. 6956 HH(1l` K LYN BLVD BRGOX LYN C.ENTEN. ;.-N 'VA29 TELEPHONE +6121 S61 4470 Esimwt~ 191A