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P 314 ''1'S 182 RECEIPT FOB No tNgUAANCF COVERAGE PROVIDE 9 --_ Rol FoA INTERNAT tONAL MAIL iSep, Rsvefse) Cr A tClC 1-4c 0 gtpt(I A04VW) P. . S-1AtE AAot :!N c'0111. A i r y u } t f p� ..� I.... 10 t / r UMTED STATU PWAL SERVICE ot►s Miss Oitl1 NNTWCTMS /j �(N r.; � 1�N 'D N' r F fr ff PENALTY FOR PRIVATE US& TO AVOID PAYWNT Cf ►MAQ[, •390 (Naltic or Semicr) ~ (Street or N.0 fhlx)�TA L �11 -1 % 6 1 - (City. v, State. f--d 7. 11' C (K-1c ) • SENDER: C:ofo g*to items 1. 2. 2. and 4. Add youfadefRss In tht� "RETURN TO' spl ;p c.n r e verse ? (CONSULT POSTMASTER FOR FEES) + Th f0110w1tt,t %ervi-Cr is rcyursted (check one �hnv� it, wham and date defivered ED Show its who. nt. date, and address of delivery. 7 ❑ KES rim.- CED DELIVE RY (7We restricted drtihry f" a charWed ,n admon r lht' r0140`0`1 ►fYript lrr ) TOTA t _ S ARTiCI A�y r4);*&+ED TO mfe- , V E7EC s ►4o0'r � rn � A y � � tL ►�• v T �v � s..1, �1 G e �t � c ► se i•�r•►w +�1asv�y 1 Looze* L #►wt �A-� t �b TYPE OF SERVICE: AfITICLE MVYHEA EGISTERED Ej 00"ED ) � 3 � CERTIFIED �' Ca0� EAMESS MAIL (A"s obtain sj tutu at address" or awn I have receives' that Article descnbed Above SIGNATURE 17 t•z�r� r �tthc�nze�i apen 0 ATE Of L 140V � p�STyAgK o � ' .ter......- - k c 0 J UI11A9LE TO tW1.1VtP KCAivu 74 EMK.OYSIU MIT, ai c If 0 CITY OF ORONO h 3 P.O. BOX 68 M RAI kl ( I IN ... CRYSTAL BAY, MN 55323 TELEPHONE473-7358 i Receiv10 -- _� .ro c/' �C7a el c'�� �� 0.,ee, For .. _. CITY OF ORONO, MINNESOTA EY!„PI -3IT — Land Use Application TYPE nF APPLICATION .do LOCATION OF PROPOSAL (or property) � - S _—_ Sketch Plan Review S50 bd Address 1025 Brown Rd. North Legal Description South 112 Section 27 APPLICANT Name C. E. Van Eeckhout Tel #473-•0825 Mailing Address 120 - - ----- --- ----- S. Brown Rd. Long Lake, MN. 55356 OWNER Name _�mF �aue To 1 #-- -- - Mailing Address —_ _ Su ivision $150 + $10/Lot Conditional Use Permit $30.00 $50.00 Rezoning $250 Vacation $100 (tlinimun,) FEE 3 0 . avTt Date Rec' d & - 7- ,F/ By i Present Zoning —R R i B Present Use Field Zoning Ordinance Section Relating to Request Specify Ordinance Requirements 2 acre_ Explain your request and reasons for same lots and erect homes. to divide said land Llto 7 building n 2 �1J7 i VARIANCE required - extant of nonconformity L-)t Area Setback Front__ Si:?e Rear Width Othc., explain Specify hardships to { roperty SUBDIVISION application XX Residential ()ther . explain "o. of Lots - CONDITIONAL 1!St. AND -111r.P - explain proposed use of property in detail Explain your request and reasons for same to divide said land into 7 building lots and erect homes. VARIANCE required - extent of nonconformity Lat Area Setback Front_ Width Other, explain _ Specify hardships to property 1Y U C1 Side Rear 1UN d 1981 SUBDIVISION application XX Residential Other, explain - — ---- :70 . of Lots _ 7 CONDITIONAL USE AND uTNE;R - explain proposed use of property in detail MINIMUM MATERIAL NECESSARY FOR COMPLETE: APPLICATION (Must be submitted 10 days prior to Planning Commission meeting) 1. Application completed 5. Certified Property Owner's list o 2. plat map sectiun owners within (360') 698W)- from 3. Certificate of survey cf property liennepin Co. Dept. of Finance sketch location and setbacks of A-603 Government Center proposal b. Stamped, legal sized envelopes(Ol 4. Construction plans, if applicahle pre -addressed to, -each of the name on the above list. DATE Applicant' 4 Sign,iture� DATI; _i _ Owner's Signature Same _ Applicant hereby agrees to provide all information required or requested by the Loniny Administrator, City Engineer, City Attorney, Planning Comission and Council necessary to process this application and further agrees to pay all fees as established by ordinance. S/70 ,Jr. 1231 PROPERTY DINNERS LIST R.o wG ' MRTMENT OF FINANCE I CERTIFY THAT THE FACTS REPRESENTED ON THIS A-603 GOVERNMENT CEN • ER CERTIFICATE ARE AN ACCURATE AND TRUE REPRE- SENTATION OF INFORMATION AS IT APPEARS THIS MINNEAPOLIS$ MN 55487 DATE ON THE RECORDS OF THE HENNE►IN COUNTY FINANCE OIVIs10N TO THE BEST OF MY KNOMLED6E LIST FEE OWNER i NQ,ti,A w . t11,� AND BELIEF. HENNEPIN CO. FINANCE DIVISION OATESE:a1y •51 B Y �"���' TAX PAYER / MAILING ADDRESS -7 I - ► ( 8 it_ - Z3 l/45 Lt" AV /V 1 13S - Ct) R' C) (._— _ LvgS Rpow)v ED /V I s SoU ' u,,AlLF 1 A 15LUO "0101 u';,_J-JAlA 5�__)37, 22.5 - Ga RD �ZS �� RGW nr l PROPERTY ADDRESS ID L N-3 2 0Q. 3 � I /3 4- _LC) C�-- 4- _, is i.3� - ►lit-'•SN � MJ/'►'( 1�' �j � ✓ � ' 2 * AMSL-U -1 Vr_ 279 T. 1189* R. A RI a j 4 4. am" arevem won aowm DICKEY LAKE ADDITION RON KRUEGER 81 ASSOCIATES, INC LAND SURVEYORS lq tM ..retrrw h.I IaMNf ..,. ,.•.wtr .,r .telterl/1Y T he' I..rl of etN t.el 1... of •."1 ealw .wJ P.feliel wadi 1 M the tr..'t M 1—. Jl •.rwrie, rec.—Iel •M .Jo.6S feet! thrnee I...t lift. Uf •11J %awl br•.ihr,ln., .t ♦ , •... tr, ,•1 tre .awaM ' Jl•t •1.l 11.bY 0"A ,.•1ae f. /e••5, IIy 1 It � che, �. t.1 l..r t.•et fM the P1.a e a r I.eytwwt'I i T -,el Pert wf the u. r saw1 111r7 1 W1Me L) e.1.11el Nth 14• 9004 t(t, weet un fall �1r1f1 .t. er l.le q ^a Ae.././ .,. i♦. ri.! lr.r. l..,♦ ... .... . .t, , ♦� I .7. the 'r rest i.rN r.f • •.AP ,. ��I 'I.11t. li.,." rrNet l t.N Lee. Ilee Yf e ey�y` — ♦ ♦ctwl ,.. I. of /rfyiM • 5e,` w j e..t, r.e l.r..wr t•M b p A v� ••iti" 2 �, 1 t.. t. t.. t1• •iyw.. . 9C:.v8 r R� • _. _ v C +, r � •1•#� � � � � ,�' i1 it •.r a.t .•ll'• j � 1 L«.•.qt. wM rft•i A. i 46 .+wl I w1i l�� fT (� • � i :i � �l 7 5 O�j � C f " -�_ � eta♦ r �• ft..a1l.. b f! �t•.. r�; .+ t/ 6 dt�;. $ I.... ✓t.y of t i+T MM!�I N ca.rr•at M1 r.,-rHre•.dete.N ^ t , 1.11 ' ro..M *, " '� �✓ ,ri A 7 a CD ns fMf►IN Ir..wVa"et WIN '%W e.er w I SA O f w �•H 7 Thu t t rt of 41�ltt:f DICKEY Y •tp•stM e.N«....t 90" LAK la I �. ~•�•e1e ~ DRAINAGE AND UTILITY EAMMENTS'co 1 r ARE SHOWN THUS .�t� /► •-► •tat f� riJ" !vt 6' k rA /rev Ie It A f • f i rw nart NUIr u �7 ' • e�wlw%��/�D 1 wet Al certt AdMLNi`TARK t�f>hw:E !wi tiVtlM ..._ L._ f +t1/ r fe1. p f" OO w:I;"r JI to dw*wv —.._ /400eO goer) tMrttow 1. ._. ItLA r P ril,F swan S reef n w.d#f1,1•IMes offfertefee stleeeT Dtvit• A., R LLv . >nfdl 7e/ itE1 N 3 v P 1�7} .hdtoefed, end edglrtlwS lotI�he1, god e'•eerewt D IO fee# 'n .,AM 04 edletwlwI ft*$ •fe" IN iE olIdd, es shore" on fM Nef ewenrt I.. Jra•, 604 MOVIES DDw MONUMENT SET ctawwt fecwwd. t +. eleettq etiaetsd# 11EAIOwf41S Soo of AR[ ASSUMED .t_--e•ti.w_s. e. els•. cute.rr,eee�e� MINUTES OF A PLANNING COTLMISSION MEETING HELD ON MAY 21, 1.)79 Pige 5 Audrey Heiser represented the applicant. It was stated that a driveway permit would be required from Hennepin County highway Department. She stated she had contacted them and was informed that they anticipated no problems but suggested the access be as far south as possible. Frahm questioned the status of vacant land located dt 2650 Tonknua Road and asked staff to check it out. A Public Inro rmation Meeting has been scheduled for June 1.1, 1979. Mr. Van Eeckhout was present. The wetlands are presently shown as an outlot. Lot lines must be drawn through wetlands and designated by a drainage easement. Some of the lots do not meet the 200' lot width requirement. The plan will have to be revised to meet this requirement. Septic testing need to be done. Hannah moved to approve the Minutes as submitted. Motion seconded by Adams. Vote! Ayes (7), Nays (0). Motion passed unanimously. Meeting adjourned at 10:50 Y.M. f ENERVEST BUILDERS 325 West Take Street St1BDIV I S ION/VAk LANCE Sketch Ilan Review ('E460) CHUCK VAN EECKHO1.7 1025 No. Brown Road SUBDIVISION Sketch Plan Review (#479) APPROVAL OF MINUTES 7, 1979 A D.JOURT?ENT IT T 4 h• •1,N k''O.N' NDERSON .,V► WO. f TES, Inc* P.O. Sox 665 2665 41,1; Awatie North Van Eeckhcut Building Corporation 15500 Wayzata Boulevard Wayzata, Minnesota 55391 Re: Van Eeckheut Soils Dear Chuck: professional en. i,7rr, c ar7of sir i llltkl Anoka, Rlinnesota 5,5303 612•427.5860 May 27, 19F0 juN 31�1 G� OROf At your request preliminary percolation testing w•is per!orr..ed at a prop,.,,ed subdivision located in part of the Southwest 1/4 of Suction 27 Tevnc.'.i; Flange 23 West in Hennepin Counts, Minnesota. .5.t,,ndard prcce'ures of p.,rcolaticn testing were employed. Based en discussions with Mike Caffren, City of Orono On -Sit. Se,, -age Treatment In€:pector, the :,oil: ! ock performed is a+ c prr!-lc for the purpose of submitting the preliminary plat for review by the Cite of Orono. Beiore approval of trfa final plat, co=plete percolation testing r-ust be performed. Elevations are relative to an assumed elevation of 100.0' based at a spike in the south face (if the pvwar po,! near the northeast property corner (:lee enclosed sketch). This report includes: 1. Sci1 boring logs Z. Perculation test results ;''6 3. Diecua:_iton and recomnandati�,n;. The soil oc ring logs show that, in general, the typical. soil profile at the site conra ins the fol1.o:.r° rig horizons: Depth (feet) O.0 n.8 Dart: brown silt loam to clay loom 0.8-2.0 Brown clay loar: 2.0-7.5 Crayish brown sandy clay loam to cla', loam with horizons of various ether texture... soil mottlir; and gleving i.nereasinV. in abundance anel inten:,it. with depth Boil mottles (s,,3vts of contrastint color) are accepted indic.1r.ors cf perioc'. saturation in soils. ClL)inb (dull gray roil color) forms in ga;i-, which rr, satur.ited ar:d in a churical ly reduced for lon} perio,is of t ir,. . because the City of Orono cr.-site . •:aW,.t treatmi nt urcinacoc:c requ` zzc. loot •levatiun differcrice between the butt0r.: of rseptik• E.Y; ter trenc:i, ,. an' `rout:d water or sz,ll rncttlin;, ind;cioie of piri f:ir <(,&! satur.Atic•., in Cry;. • r :.. ' • �, • • , Var, kcckhrut dutldirr Corporaticn - 2 - Mir• •r`� alternative means of scaage treatment, such .as the round or bcrr F� •cr., i� recommended. Percolation test results (tel(,,,,.) shnw that me.i ur(,(! perrolatier, rntc - -l! I..ot!- 1, 2, 3, 5 and 7 are faster than the 1:O rinute per inch r:ininu7 r.alr fcr r-our..! systems. it to our opinion 0-it a suitable area exists at Lot 6. Lot. 4 r..% requi , either some nodificatic;r, to rcndcr it suit:ahle fr,r an or.-�Atc sy, :t, or reAocation of the proposed Feptic system area. Soil Texture at Hole Elevation Du th(inches) Bottom of Hole rcrc(Ar.tiin Rate(nin'in' P-1-1 99.0 24 Cla"• ]oar: 49.E *P-1-2 10U.2 24 Clay loan: 15.1 P-2-1 98.4 24 Cla- load 40.7 *P-2-2 98.1 24 Clq., lo:Im 26.0 P-3-1 96.7 24 Sandy clay loaf, 77.6 P-1-2 05.2 24 Sandy clay loam 92.0 P-4-1 yo. j 24 Heavy clay barn Croltcr than 200 *P-1.-2 97.5 24 He.lvy clay loam Creater thar. 200 P-5-1 105.3 24 Clay loam 33.9 *P-5-2 106.1 24 LigaP sandy clay loan; 14.2 *P-6-1 106.7 24 Clay loam 197 P-6-2 1115.7 24 Clay loin 43.3 F-7-1 101.4 24 Light sandy clay loam 23.3 P-7-2 99.9 24 Li-•ht sandy clay loan 30.0 * Te:,thole gravel -lined -ound 4" perforated plastic pi,)e. All other te3tholes - ;standard procedurk rnployed. As discussed, our services are %vail::ole for the at.dition:.l percolation tasting needed to meet City of Orono requtrementr, and fur design of the sr;:tic syste.'s fvr the houses proposed for the site. !leave contact Jini Winfer, head of a :- survey diviz,tvn, fear i forcatio:% surveying the lots. Van Eeckhout Building Corperacicn - 3 - If you hive any questions rerardinB infcrnatien contained in this re;urt, please feel free to contact me. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. Gary J. thbun, Soil Scientist GJR/ jkz; Enclosures File: 693.01 LC�,S C,= SOIL t'h'VECT: Van Erckhout Boi:s FILE I�b B-1 0-4.0 3" Hollow tube probe a BORING METHOD: 4.0-7.5 4" Flight Auger DATE; "--5/22 /F0 B-2 0-3.5 3" Hollow tube probe 3.5-7.5 4" Flight Auger r' W° . Borehole #1 D7 -m o- ELEVATION - 99.3 (feet) 0.8 Dark brown silt loa:. Bra..;: clay loam DEPTH o. O (feet) Dark brown silt loam Grayish bre n silt loam Brown clay loam with few ellor.is! trn:.-ti mottles between 2.5-3.0' Grayish brown clay loam with many yellowish brown mottles Grayish brc,an sandy clay loan with many red and yellowish brown mottles, few gray gleyud areas E':. BjFI G.: 1. 2.S " brown clay loac with many 3.0 small red mottles, many yell(wish brown 3.( mottles Grayish brown silty clay los. 3., with many yellowish brown mottles and many gr.+v gle;,es 4. e'' I are.j,, hizh CeCO3 content weep 3-3.5' , varved 7.51 -ish brown sandy clay .....a with fear large red mottles, mangy yellowish brown and strong bra..m mottles, many gray gleved areas, moist at depth U IMI IISSOCIAKS, 11'.C. 7.5 Borehole P2 Fi CVATTf)" - QA -4 WATER :.01' ENC( U.NTERID. BY C.8 1. 5 �.5 { e 5.0 6.0 7.0 0400 L (�:-S i;- S;1 L i JRI;;:; iANECT: 1'.ir h.cck�,::t •i1• Fi LE'No. ,.r:�-• _.. ._- - n-3: (`-:. 5' 3 ' 1 , tu!,e prob IWC FEDHW: atL_ 1E: g-4: 0-3.0' 3" Heller.: tube probe 3.0-7.5' »" Flight Auger PEF iN 0• 0 (feet) Dark brourn clay loam Brown clay loam Gra:-tsh brown clay loam with few strong brown mottles Grayish brou-n clay loam with many yellowish brou-n mottles, any gray gleyed areas, moist Iiro avish brow sandy clay with ny large red and yellowish own mottles, many gray eyed areas, moist ayish brown clayev fine sand wth many yellowlsh bronttles, many gray gleyed eas, moist to weL Borehole R FVATtn''! - Qh DEPTH 0. 0 (feet) M ravish& brown clay with r:• •. 7.5 vellowish brown mottl_ er 7. ` ETD OF bOi%!': ,loved areas, Foreholc FI CV.'.'Ir'' 5 Dark brown cla,.- lox:: Brow-n clan loan i Gravish brown clay loam with Mnan:• VC-11owish brown r^ttics. many gray gleyed ar�ar Grayish brown clay loam with many yellowish brown and strong brown mottles, many gray gleyed areas, firm Brown silty clay with many strong brown and yellowish brown mottles, many gray gleved areas, moist END OF BORLI-C I Gil"[) BY • f i _ Z40IL I;. I;.00ECT; Van Feckhout FILE N',1.— B-5: D-:.D 3 Hojow tube pr,,'-e BORIfw tkTHOD: :_.0-7. %' F1 itht Auger DATE: 1-6: 0-:.53 Hollow tube probe 2.5-7.5' 4" Flight Auger Bore;:ol e R�rch� i �. V L FiN 0.0 (fcot) Dat,c brown clay loam 0.5 Brown clan loam, with fey- small red mottles I Brown clay loam with many snzi Brown clay loam with many red and velle::ish brown mottles, few gray gleyed are. i Grayish browrn clay loam with many small red and yellowish brown mottles, many gray gleyed areas Grayish brown clay loam with many large yello:-isi, brown and shall red mottles, mane gray gleyed areas. END 01' BOIJ *.'i. - - — 1 3.( 1M F1 cVertr•.j - 1C_ . 7 _ __ —______— ____ - __ DEF7H FL VATI("d (feet) Dark brown cla,.• ic�c:- 0. 5 Frown cla- loan with fc� small red trott:es 11 red mottles l.e ' Cravish brown clay- 1r:ith many sr,,al l red and 2.5 _ rc�rn nc_U]es, fe cr: +c arras, Iman%- CaC6 f.,ncentra tions Grayish brown sandy clan - loan with many red an6 yellowish brown mottles, many gray gleyed areas, moist with depth L�' Ilk ;C 1,;7-ci : Vzn l.c.:i h- ut FILE r;e.- i��IK� 0-6.0' 1" Hcltube grebe DATE: Borchr; r ELEVATION - 1� Dark brown to black sa lean D=-Frm 1.7 Brown sandy clay lc•a-. 2.3 _ Brown clay lcam with many +' 3.0 yellowish brown mottles,rany gray gleved areas Silty clay loam predor..inar.t? yellowish brown mottles anc'. 3.8 bray gleyed areas Brown find send, saturated • 4.2 Grayish brown silty cln-! lof.m with many yellowish 5.0 bicwn mottles, many brae gle ed areu; Yellowish brown sandy clay loam with many CaCO3 concentrations 6.0 M OF Gpot-,0 WATER AS 4.8' ON 5/21/80. r �N 'relephone 473.7 t;7 1 Mr. Chuck Van Eeckhout 120 South Brown Road Long Lake, Minnesota 55356 GIT1'of OR01'O hill Office Mot b6oUrYbtal Fta}•. Minnesota 55323eMunicipal Officer. On the North Short, of Lake Minnetonka October 1, 1980 Re: 1025 South Brown Road - Subdivision (0479) Dear Mr. Van Eeckhout: A review of the City's zoning files indicates no activity on the above captioned application for over a year. For your information, this case file has been closed and any further reviews or approvals will require a completely new application. Sincerely, Jeanne A. Mabusth Zoning Administrator JAM: kh TO: Planning Commission FROM: Jeanne A. Mabusth DATE: June 11, 1981 SUBJECT: #626 C.E. Van Eechout, 1025 North Brown Road - Subdivision Zoning District - RR-lB Application - Subdivision - plat - 7 lots Total area - 16.62 acres 1.5 acres of wetlands Mr. Van Eechout has reapplied for his 7 lot plat previously reviewed by the Planning Commission in the summer of 1979. The plat is the same as before. A private road will serve the plat; there will be no direct access to lots 1 and 7 off Brown Road. The road shall be designated as an outlot. The wetlands have not been shown on the new plans and must be designated by drainage easements - the preliminary plans. I have enclosed portions of the prev.i.o•is application file dealing with the question of lot width. The building set- back line affording the required 200' width should be de- signated on the plat for Lot 5. It would be helpful if the preliminary plans would reflect the required building setback (to include 30' side 50' front and rear). Lots 4 may also need a specific designation noting the 200' width line. The septic test information has been submitted. Gaffron will prepare a report for the public hearing meeting in July. TO: Jeanne A. Mabusth, Zoning Administrator. FROM: Michael P. Gaffron, S(-ptic Systems Inspector DATE: June 18, 1981 SUBJECT: 4626 Charles Van Eeckhout, North Drown Road - Subdivision - :itc Evaluation Review, -,-optic Systems I have reviewed the site evaluation information s�.ibi'.iitted and wish to make the following cumments: 1) As per my past conversation and aareeme3nts with Van ::eckhout any: his site evaluator, Gar, Rathbun, Lartial soil testing was performed which supposed } uould fulfill tl'.e requirements fox, jLi:eliminar�: alpr.oval. This was to establish that each lot as propose .dould have a site capable of supporting a septic system. li:)wever, this testing would not be sufficient for the Cit:.• to grant final approval of th-- subdivision, and would not be s•..rfficiently detailed to -lesign a system For a specific house and site flan. As noted later in this memo, Orono Code and standard procedure nor-n:all y requires that complete testing be :gone r)riur to preliminary 3_: roval. 2) Of the seven lots prapose:d, all but one essentially were found to contain soils carpal.le ()f supporting a mound system. The remianing lot, lot 4, rontainc,i - heavy clay loam which had an average percolation rite o: 2�'0 minutes per inch, not suit- able for any type of sel.-tic s•.•stem by Orono Code. 3) Virtually all of the hits curitained mottled soil 3t 'lepths below, 2 feet. Thi. indicates that the soil is saturated at some time di.: inq the •}-c--ar up to the 2 foot depth. Since Orono Cocie rf!quirf�s .. 3 foot separation tt-tween the field rack and this .;atura'.ian zone for proper tre±. —l—rnr and disposal to occ:,:r, mound _ztems are necessar.'. The site evaluator'.-; tc-commeridatioT. is to c.,ither modify lot 4 (rearrange lot lines) or relocate the .irain ield site. In either case, further testinel is necessar- to find suitable soil for a c.rainf.eld site un lot 4. The ether alternative is t7 eliminate lot 4 and ;.rare•..-+.s with a 6 lo.f division. Orono's On -Situ Code stipulate:, that "at the tire- of filmy -or preliminary 1,lat approval, the dcveloper shall provide a site evaluation report confirn.iria that each building site has suf- f icient suitat)le soil `or on -sip.,? sewac;e treatment" This nor- mally requires the `ull set of percolation test! anti bori.nys we would need to issue a building permit for each lot. In the case of the application at hand, since the lanes has few limita- tions other than the soil and saturated zonk,-s (steep slopes and wetlands have only a sligr.t bearzno on lot. c:_,n icturations far this division), it was likely that r,,merous sites were possible for drainf ield locations on each lot, . The applicant •wi sned to invest as little nioney is 1posezible in determining the lootential buildablility of the proposed lute: without ztlsort in,l to I full- #626 (shuck Van Eeckhout Pays 2 scale site evaluation for each lot. Except for sot •1, the testing report indicates potentially buildable lots. My recommendation at this point is that the applicant first submit a site evaluation report showinq that lot 4 has suit- able soils for a drainfield system,. If this is not possible, a lot rearrangement may be zzec:scary. Secondly, the remainder of the testing (4 perc tests, 2 borings per lot) must be sub- mitted. (The preliminary testing satisfies Or.ono's require- ments for at-, "alternate drainfield area". Ref. Orono Design Manual, Part II, Section 3, and Part III, Section :.) Although I indicated to the applicant that the preliminary test- ing would be sufficient to obtain preliminary approval (assum- ing results were satisfactory), this is against_ established policies which have been reinforced by recent applications to the City. During the subdivision prcce,s, in many cases the drainfield site location Bete -mines the number of lots and the house locations, i.e. only a small portion of the proposed lot is suitable for drainfield. If the proposed 'house location decided upon by a prospective buyer encroaches on the tested sites, either the house location must be moved or further test- ing done to find a dif_'erent suitable drainfield site. A review of the building years 1978-1980 indicates that of 26 pre -tested building sites built upon, 6 required further testinu due to house location encroachment on rested drainfield sites. Four others had to make house location adjustments to stay off the only feasible drainfield sites on the lot. Th` remainder were able to make use of the tested sites. The main argument against preliminary testing; is that it is impossible to determine where a prospective buyer may want to locate his house on a lot, hence testing may have to be re- peated. However, for the City to allow creation of !ots with- out proven septic system capabilities can became c,)stlj and in direct opposition to the City's Comprehensive Plan, if numerous lets can't support a system and can't be built upon. Also, if only -partial testing_ is done, and the lots are sold as "already tested", staff my be pressured into issuing per- mits for s7stems with undesirable or inknown soil conditions. To conclude, in my op.nion the requirement to 1,avc. testing done on new subdivisions is valid, since it furthers the pur- poses and policies stated in the City's Corrprehensiv,. Man. This pre -testing of lots has proven to be adnq uate in -4i4 of the lots built upon so far. In this applicati,)n, since soils on certain proposed lots are indeed marginal. for drainfield use, all testing should be completed prior to prelin.Lnary ap- pr teal, since lot lines may have to be rearrancled to include st..t.able sites for drainfield? use. TO: Planning Commission FROM: Jeanne A. Mabusth DATE: July 15, 1981 SUBJECT: #626 Charles Van Eeckhout, 1025 North Brown Road - Preliminary Subdivision Public Nearing 7:30 PM I have enclosed a copy of the notification sent to the applicant after our June 15th meeting. Van Eeckhout was advised of the need to submit a completed septic report for the entire plat as required by ordinance. At that meeting, it was noted that Lot 4 did not contain suit- able area for an on -site septic system. We have not received the completed septic report as required to permit preliminary approval. I would recommend tabeling the application until the required septic information has been received and reviewed by staff. MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 15, 1981 Page 10 1) Decrease hardcover within the 0-75' setback area 2) Possible removal of the boat house. 3) Relocate dock so it meets L.M.C.D's setback requirements. Jabbour seconded. !rote: Ayes (6), Nays (0). Applicant was present. Mr. and Mrs. Beito and a few other neighbors were also present. Mr. Seward was advised tha- the car he had for sale on the Keith Katcher property was illegal and contrary to the Conditional Use Permit resol- ution on the Leo Duehn property. The Planning Commission asked the applicant if he was aware of the limitations of the property and he stated that he was. Hammerel moved to approve the Conditional Use Permit of Darrell W. Seward subject to the conditions setf3rth in the previous resolution for that nrapert;. Jabbour seconded. Vote: Ayes (6), Nays (0). DARRELL W. SEWARD 1140 North Arm Dr, Conditional Use I)nrm. it 630 Mr. Van Eeckhout was present. Staff noted t`:at this was L�C.E. VAN EECKHOUT the same application presented as before but it was never com- 1025 "io. Brown Rd pleted. The Planning Commission had no problems with Subdivision the plans and called for a Fublic hearing for July 20, #626 1981. Hammerel moved to approve the minutes of the Planning APPROVAL JF Commission meeting of June 1, 1981. MINUTES Jabbour seconded. Vote: Ages (6), °rays (0). The Planning Commission meeting 3d;p)urned at 11:05 1-1. ADJOURNMENT 11:05 PM TO: Jeanne A. Mabusth, Zoning Administrator FROM: Michael P. Gaffron, Septic Systems Inspector DATE: June 18, 1981 SUBJECT: #626 Charles Van Eeckhout, North Brown Road - Subdivision - Site Evaluation Review, Septic Systems I have reviewed the site evaluation information submitted and wish to make the following comments: 1) As per my past conversation and agreements with Van Eeckhout and his site evaluator, Gary Rathbun, partial soil testing was performed which supposed'_} %o uld fulfill li-,e requirements for preliminary approval. This was to establish that each lot as proposed would have a site capable of supporting a septic system. However, this testing would not be sufficient for the City to grant final approval of the subdivision, and would not be sufficiently detailed to design a system for a specific house and site plan. As noted later in this memo, Orono Code and standard procedure normally requires that complete testing be done prior to preliminary approval. 2) Of the seven lots proposed, all but one essentially were found to contain soils capable of supporting a mound system. The remianing lot, lot 4, contained a heavy clay loam which had an average percolation rate of 200 minutes per inch, not suit- able for any type of septic system by Orono rode. 3) Virtually all of the lots contained mottled soil at depths below 2 feet. This indicates that the Foil is saturated at some time during the year up to the 2 it depth. Since Orono Code reauires a 3 foot separatic netween the drain - field rock and this saturation zone for proper treatment and disposal to occur, mound systems are necessary. The site evaluator's recommendation is to either modify lot 4 (rearrange lot lines) or relocate the proposed drainfield site. In either case, further testing is necessary to find suitable soil for a drainfield site on lot 4. The other alternative is to eliminate lot 4 and proceed with a 6 lot division. Orono's On -Site Code stipulates that "at the time of filing for preliminary plat approval, the developer shall provide a site evaluation report confirming that each building site has suf- ficient suitable soil for on -site sewage treatment". This nor- mally requites the full set of percolation tests and borings we would need to issue a building permit for each lot. In the case of the application at hand, since the land has few limita- tions other than the soil and saturated zones (steep slopes and wetlands have only a slight bearing on lot configurations for this division), it was likely that numerous sites were possibl- for drainfield locations on each lot. The applicant wished to invest as little money as possible in detererininq the potential buildablility of the proposed lots without resorting to a full- #626 Chuck Van Eeckhout Page 2 scale site evaluation for each lot. Except for lot 4, the testing report indicates potentially buildable lots. My re.:ommendation at this point is that the applicant first submit a site evaluation report showing that lot 4 has suit- able soils for a drainfield system. If this is riot possible, a lot rearrangement may be necessary. Secondly, the remainder of the testing (4 perc tests, 2 borings per lot) must be sub- mitted. (The preliminary testing satisfies Orono's require- ments for an "alternate drainfield area". Ref. Orono Design Manual, Part II, Section 3, and Part III, Section I.) Although I indicated to the applicant that the preliminary test- ing would be sufficient to obtain preliminary approval (assum- ing results were satisfactory), '.As is against established policies which have been reinforced by recent applications to the City. During the subdivision process, in many cases the drainfield site location determines the number of lots and the house locations, i.e. only a small portion of the proposed lot is suitable for drainfield. If the proposed house location,, decided upon by a prospective buyer encroaches on the te.etAft sites, either the house location must be moved or further test- ing done to fi._d s diFferent suitable drainfield site. A rr,iew of the building years 1978-1980 indicates that of 26 pre -tested building sites built upon, 6 required further testing due to house location encroachment on tested drainfield sites. Four others had to make house location adjustments to stay off the only feasible drainfield sites on the lot. The remainder wer� able to make use of the tested sites. The main argument against preliminary testing is that it is impossible to determine where a prospective buyer may want to locate his house on a lot, hence testing may have to be re- peated. However, foi the City to allow creation of lots with- out proven septic system capabilities can become costly and in direct opposition to the City's Comprehensive Plan, if numerous lots can't supp,)rt a system and can't be built upon. Also, if only partial testing is clone, and the lots are sold. as "already tested", staff my be pressured into issuing per- mits for systems with undesirable or unknown soil conditions. To conclude, in my opinion the requi-.ment to have testing done on new subdivisions is valid, nce it furthers the pur- poses and policies stated in the CiLy's Comprehensive Plan. This pre -testing of lots has proven to be adequate in 3/4 of the lots built upon so far. In this application, since soils on certain proposed lot:- are indeed marginal for drainfield use, all testing should be completed prior to preliminary ap- proval, since lot lines may have to be rearranged to include suitable sites for drainfield use. i l-T ill V1Vr1A 1k1 Po.t I)tfn• 116-a M 9( ktrnrl,--t.e t, •MU-Cip.11 (►tfnrr Telephrrn• 47;1 ",X.' Chuck Van Eeckhout 120 South Brown Road Long Lake, MN 55' )6 NUT[CE OF PI. iNtl i.J;; irUt•!'ll.iS1ON ACTION Date of Mt_ctina - 6-15-81 -- -- Votes : _ For X-a i nst Planning :.,viiriiss ion recoir.rstnd3 tl.o tail lr-wing: Control No. _ �_ _ I `%afr icing v _— -- Condit ionaI isse Permit I Subdivision. io. Preliminary Date -of Notice 6-19-81 Approval: As submitted Approval: Subject to cunditions noted —ri Appiova1: Additional information required before Council meetin3 Denial : For reasons noted Tabled: Pending receipt of at'ditional information from applicant TaLted : Pending review by c.thers, or further Planning Commissicr. study ,X .—.. 14'o action required hO:-FS klib aPL:-IAL CGC)IT1(":S _Applicant is responsible for submittinnq a complete septic report prior to Preliminary subdivision approval_ ;Qlease review enclosed memo of Michael Gaffron. -Please submit eropertL_owners'__ _ list and preaddressed envelopes no later than Jul_ 6,_1981 so that a public hearing can be scheduled at the Planning Commission for July 20, 1981. L_ .f AL-pl ,� ant's next . ire 4 :1 r., _r. , cc.nf irai i as: N a n n i r.-1 Cc:r.- i Icr C-.unci 1 Applicant's next sche -!u 1 c-J rr .:. t. i ra . i , dep,?ndF-::t upon re -e i pt of A. dd it ions 1 infurm:,t ion. Deli ! i "c•;r the _ July`20, _1981 mo-ct ing is --_._July. for thr ---- _._— __-----_—. s.t • ting. In all. cab - , the application 1nur,' I),. continued with the submittal of rc lueste,l . iformation within or tl,e City will crnsider the applir-ttiun as formally withdrawn. It the aphlirant ha3 trouble obtasininy a:.'dit ional inform,ttiun, [Tease contact the Zoning Administrator. it you lesire certifif vopif q, r,t ti.• uf!i<•, tl Planning Cu:-ission Minute,; t.h- a. o available fr( .., thf..- P-Ji l ttr. • t'aai 'lr .i ,l at. -ta• t•, -v uiao% revi w tq the Pl 'trinin l PLANNING COMMISSION MEETING June 1, 1979 /, Planning Commission directed staff to define for applicant the accepted method of determining the 200' width at building site. Mr. Van Eeckhout was advised to make the following changes in the sketch plan: 1. Realign lot lines to satisfy the 200' width at building site. 2. Wetlands are to be combined with adjacent lots. Staff note, June 1, 1979 Method for determining lot width at ' iilding site. 1. Line is to be drawn through Front line of house. 2. Lot on a Cul de sac 3. Lot or. -:trEet The new plans meet the requirement set forth at our last meeting. The applicant must supply the following to proceed with his preliminary application: 1. List 7 property owners within 300'. 2. Topographic map of plat area. 3. Required septic testing for each of the seven lots. 4. Certificate of survey. S. Report from Hennepin Soi L ( )f f ice. CERTIFICATE '•L1ILING STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. VILLAGE OF ORONO ) I, Jeanne M.'.)ustt, Zoning Administrator, of the Village of Orono, Hennepin County. nnesota, do hereby certify that a Notice of Public Hearing ` — concerning _C.E. Var. Eeckhout's application for a residential subdivision 7 ot�_ _ was mailed to the attached list of property owners. In Witness Whereof I have hereunto set. my hand and seal this _ 9th pia! of July _ _ _ , 1981 _. Jean A. Mabusth, Zoning Administrator CITY OF ORONO NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 1275 South Brown Road on :londay, July 20, 1981, at 7:30 PM on the matter of C.E. Van Eeckhout's application for a proposed 7 ] residential subdivision. All persons wishing to heard will appear at this time. Written comments are solicited. Plans are available for review in t!,P City offices. City of Orono By: Planning Commission /i�'l n Jea e Mabu3th Zoning Administrator To be published in the July 15, 1981 edition of the Minnetonka Sun. LAKE MINNETONKA SUN AFFIDAVIT OF PUBLICATION NORTH SHORE EDITION MO East Lake Street State of Minnesota County of Hennepin Wayzata, Minnesota 1) K MOkTENSON being duly sworn on oath says he is and during all times here stated has been the vice president and general manager of the newspaper know as The Lake Minnetonka Sun -North Shore Edition and has full knowledge of the facts herein stated as follows 1I I Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2i Said newspaper is weekly and is distributed at least once every week 191 Said newspaper has Sit^, of t:s news columns devoted to news of local interest to the community which it put ports to serve and does not wholly duplicate any other publication and is not made up entirely of patents. plate matter and advertisements 44) Said newspaper is circulated in and near the municipalities which it purports to serve. has at least 300 copies regularly delivered to paying subscribers. has an average of at least 731: of its total circulation paid or no more than three months in arrears and has entry as second class matter in its local post -office (S) Said newpaper purports to serve Wayzata Orono Medina. Mound, Plymouth. Spring Park Minnetonka Beach, Minnetrista Maple Plain and Long Lake in Hennepin County and it has its known office of issue in the City of Wayzata in Hennepin County, established and open during its regular business hours for the gathering of news, sales of .Idvertisements and sale of subscriptions and maintained b) the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto (6) Said newspaper files a copy of each issue immediately wlth the State Historical Society 1 Said newspaper ir= made available at single or subsc ription prices to an) person, corporation partnership or other enincorporaied assoc•tation requesting the newspaper and making the applicable payment (b) Said newspaper ha% complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned heluw 191 Said newspaper has filed with the Secretary of State of Minnr:ota prior to Januan 1. 1066 and each January I thereafter an a.;idavit In the form prescrib-d by the Secretary of State and signed by the managing officer . ! said newspaper and sworn to before a notary public slating that the newspaper is a lemal newspaper .011iirial ►ubiwashmi it ITT OF 0111611110 %OTI(Y. The Pfanlnnd ('otr.lmtostwe will haW a raWN hearing ,n ;" 1 uaaril Chelrt two at IQro aellth Mown Read M WON&) Jo►) x Is". at", A 1 14 on the muter of c E Van I ocatw:ul 1 aWk RIM for . ��r•gl�ee-e'A� ' tut rest deolial VAMeI.M.a All jrr"as wish Ins to foe heard will yrear A thin ',toe written r•Mntnento are oellc urA PIeM are aealiable bit rr. Iew to �M 1 II. olfues I .a ,Ir unit M. PI ,nnIn l; � �m nassrrrn I.A♦slI MA■I'STll Z' nins AAln/alst/a. N .MI 1 1,Kr county, estaousnea ana open during its regular business hours for the gathering or news, sales of .advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction end control during all such regular business hours and devoted esclusitely during such regular business hours to the business of the newspaper and business related thereto c81 Said newspaper files a copy of each issue immediately with the Slate Historical Society 17) Said newspaper is made available at single or subscription prices to any person, corporation. partnership or other unincorporated association requesting the newspaper and making the applicable payment i8i Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below t9► Said newspaper has filed with the Secretary of State of Minne•.;ota prior to January 1. 1966 and each January I thereafter an a..'tdavit in the form prescribed by the Secretar> of State and signed by the managing officer -! said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper Ile further slates on oath that the printed. _ NOr ` CC of Py,��_ Hearing_ hereto attached as a part hereof was cut from the ainns of said newspaper. and was printed and published therein in the English language. once each week for. one successive weeks. that it was first so published utt Wed _._the _15__.__.day 19 ..81 and was thereafter printed and published on veer% to and including ----the.-- - - day of --- .- __. 19- . . and that the following is o printed copy of the lower case alphabet from A to Z, both inclusive, and i, ",•reby acknowledged as being the size and kind of Tyne used in the composition and publication of said notice. to wit ,bedeightlklmnopgrstui, witi t Subscribed and -worn to before me this , ��. MERIDEL M. HEDBLOM a �t rutncs rusaic e.ii+he;ut^ WNNEPIN COUNTY Mr ummossion •<pires Juiv 2, 1966 v' v CITY OF ORONO NOTICE The Planning Commission will hold a Public hearing in the Council Chambers at 1.275 South Brown Road on Monday, .ruly 20, 1981, at 7:30 PM on the matter of C.E. Van Eeckhout's application for a proposed 7 lot (residential) subdivision. All persons wishing to be heard will appear at this time. Written comments are solicited. Plans are available fir review in the City offices. City of Orono By: Planning Commission Jeanne A. Mabusth Zoning Administrator To be published in the July 15, 1981, edition of. the Minnetonka Sun. CITY OF ORONO NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 1275 South Broan Road on Monday, July 20, 1981, at 7:30 PM on the matter of C.E. Van Eeckhout's application for a proposed 7 lot residential subdivision. All persons wishinq 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: Planning Commission . '>�� /YX __ Jea ne Mabusth Zoning Administrator To be published in the July 15, 1981 edition of the Minnetonka Sun. LAKE MINNETONKA SUN AFFIDAVIT OF PUBLICATION NORTH SHORE EDITION W East Lake Street State of Minnesota County of Hennepin Wayzata, Minnesota i) K moo rE\SO\ being duly shorn. on oath ..iN % her is and during all times here stated has been the vice president and general manager of the newspaper know as The1,yke Minnetonka Sun -North Shore Edition and has full knowledge of the facts herein stated as follows tit Said newspaper is printed in the English language in newspapt r format and in column and sheet form equivalent in printed space to at least 900 square inches rla Said newspaper is weekly and is distributed at least once every week (3) Said newspaper has 801 of its news columns detoted to new% of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of Patents, plate matter and advertisements (4) Said newspaper a circulated in and near the municipalities which it purports in serve has at least S011 copies regularly delivered to paying subscribers. ha% an average of at Is -ant 751 of its total circulation paid or no more than three months in ar,ears and has entry as second-class matter in its local post -office (S) Said newpaper purports to serve Wayzata. Orono, Medina Moond,lMniouth, %piing Park. Minnetonkc, Beach. Mannetrista Naple Plain i.nd Long Lake in Hennepin County and it has its known office of issu/ in the City of Wayzata in Hennepin County, established and open during Js regular business hours for the gathering of news. sales of advertisements and .ale oaf %uhscriptions and maintained by the managing officer of said newspaper or persons in its employ and sublet I to his direction and control during all such regular business hours and devote.i esclusrtely during such regular business hours to the business of the newspaper and business related thereto (4) Said newspaper files is copy of each issue immediately with the State Historical Society (7) Said newspaper i% rno fe ,available at single or subscription pt fees to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (!i Said newspaper i51 iocnpfied with all foregoing conditions for at least one year preceding the (:. or dates of publication .enhoned below t9i Said t ewxpaprr has filed with the Secretary of State of Minnesota prior to January 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretory of State and cigned by she managing officer a.f s aid newspaper and .worn it) before a notary publu stating that the newspaper is a legal newspaper orM it ►. si 1 Mir or %OTK nw ►ionnins t'errrolssraa wo Hoots . publa, he, e i ns m iM CaoweM M1110 isr's at 197., soatn Xv93 R004 A )tan: st Ja.y IA im. at 1 x pod am ths, matt.: ar ( ►. tam Laatimaa I .hln demo lot . trr�MA 1 I.a rwl Neof.1 stebtsevt.eaa p/sene tqollit- ang to be Mart WIN appow at am uwr 8'rome oMweasaN No ruder• NM rlr� Net •eadab40 AW A• two this ( sty allows 1 N)of 0"" at rl.owwa 1OMMMOM atw Jury is lot,LA He further states on oath that tht printed...._ NO C 1 C E: hereto art hed as a part hereof was rut from the columns of smd ne, %paper and weep printed and pubhsned [herein in the, F righsh language. once each week for_ 2ne_succexsirr we•e•ks that it was first so published on__We a ' _the ___. _1 5_.- J V 1 .g . _18_1 of _._, _._ _._.�.. and was thereafter printed and publrthed on e%er> _ to and including _day of.- - is --.-and that the (idluw►ng iii a printed copy of the lower case alphahet from A to Z. both irclusirre. and is hereby acknowledged an being the site and kind tit hype used in the comptisition ant, puhlication of surd notice to wit a vdr(Shi)kimnupeirstui, a ►% i Subscribed anal *worn iu hc[urr ine ihi. MERIDEL M. HEDBLOM MENNEnIN COUNTY My ,,,mtmseson .ngtw MY ?, 19" �i.i1 of �b 11.4 0-, le MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 20, 1981 The Planning Commission met on the above date. The following ATTENDANCE members were present: Chairman 1[ammerel, Frahm, Goetten, 7:3u PM McDonald, Rovegno, and Jabbour. Jeanne Mabusth represented the City staff. Mary Butler fror the City Council was also present. Mr. Charles ' ~ckhout was present. The following neigh- t1_CHUCK VAN EF.CKHOU1 bors were a15. jL,-jent: Rich & Sally Valiton of 2135 Cty. 1025 No Brown Rd. Rd. 6; Gary s Lyle Cox of 925 No. Brown Rd.; and Ruth Prelimi .ry McPherson of 2145 Sixth Ave. North. Van Eeckhout noted that Subaivisicn he had not received the necessary perc testing for the 7:30 - 7:40 PM property. Mabusth noted that all preliminary approval would #626 have to be holdback until the testing was submitted because of the need to confirm all lot line locations at the time of preliminary approval. Sally Valiton stated that they kept animals on their propert;•, and with a residential area going in there there was bound to be some complaints from future neighbors. Rich V4' _n wanted to know what the potential density was of this pijperty. He also wanted to know how close they could put the well to his property line. McPherson wanted to know what the setbacks were? Hammerel moved to table Charles Van Eeckhout's application for a subdivision pending receipt of additional septic information for staff review. Rovegno seconded. Vote: Ayes (6), Nays (0). Mr. Watson, applicant's attorney, was present. A.li. EVANS 575 Oxford Rd. Jabbour moved to approve A.fl. Evans application for a par- vacation of tial vacation of a flowage easement subject to the applicant Flowaoe Easement entering into a flowage and conservation easement with the *612 City. <:tten seconded. Vote: Ayes (6), Nays (0). Cary Beito and Hans G. Weiler wort. present. Both aEpli::ants �;ARY E. BE!'!'(' were advised of the City's firm policy in considering sub- 1141 Elmwood Rd. standard lot area and lot width where additional land is #627 available and that this bud; could not recommend approval of Varian(:,, their variance applications. Weiler noted the followinq: 6 1) sewer stub for lot HANS G . WE I LE R11.37 Elmwood Rd. 2) separate address r628 3) increase in taxes, suygestvd lakeshort, lot Variance Applicants were adviser] at this point that if they withdrew there would not be any ne,_-d to makt. a ]*!termination on the i l application and that they could consinuo in the use and enjoyment of the prop rty as it. is. ,/I 1 Y of l its 0n.r i iff l'. It,.% It I%. %fi-I . %ivn, 1p.11 W1114 CIA Tr•ir,r wile 473 7JS7 Charles E. Van Eeckhout 120 South Brown Rd. Long Lake, MN 55356 NOTICE OF PLANNING COMMISSION ACTION Date of Meeting -___ __7-20-81 Votes: For _- AUainst Planning Commission recomm_rias the following: Control No. Variance Conditional Use Permit X Subdivision, Preliminary Date of Nt tice 7-22-81 Approval: As submitted _ Approval: Subject to conditions noted _-- Approval: Additional infor;�ation required before Council meeting Denial: For reasons noted X Tabled: Pending receipt of additional information from applicant Tablet.: Pending review by others, or further Planning Commission study No action required NOTES AND SPECIAL CONDITIONS Planning Commission has tabled preliminary approval of your subdivision applicationpendinQ receipt and adeaua� to wEw f f rrs.v i au .� f .� � �_ g __ - iC -- - 7 lot plat. r - Applicant's next scheduled meeting is confirmed as: Planing ContrAssinn —_-----------------.___-- Coun,:. 1 I I Applicant's next sche.'.uls.-d r,eeting is dependent upon receipt of additional infor,-_it on. D►. 3d 1 i ne for the August 3, 1981 meeting is iJ _ 27.r_ 19Et1 ----- or _-August for the _August 17,- 19L meeting. In all cases, the application must be continued with the submittal of j requester) information within or the City will consider t.h�- application as formally withdrawn. if the applicant has trouble at,t .ii:t:rill additional information, please contact the 7.c)ning Adninist r.ator . If you d-sire ce•rtifi- i. c►jpi• ; c,f thy• offici. l p'iir•r,iny car•:,iission Min-ites ttie.y a:v av,i1tr(r- !:, li•jil•iir: and Zr:ninq !je-r•• ir; ulxr; revi- and approval ► y the Nlu!'l-ri CC!'. AKANSON NDERSON ASSOCIATES, Inc, P.O. Box 665 August 27, 1981 222 Monroe Street VanEeckhout Building Corporation 15500 Wayzata Boulevard Wayzata, Minnesota 55391 Attention: Mr. Chuck VanEecl.hcut Re: nercolaAon Testing Dear Chuck: professional engineers and supveyors Anoka, !Minnesota 55303 612 427-5860 At your request percolation tests,. is performed at the iroposed subdivision located in part of the Southwest quo. Section 27 Tewnship 117 Nurth Range 23 West in Hennepin County, Minnesota. ndari methods of percolation testing were employed. Elevations are relative assumed elevation of 100.0 based at a single spike in the south face of a po. pole along the east property boundary (see enclosed sketch). '.-his :sport includes: 1. Soil boring logs 2. Percolation test results 3. Copy of preliminary percolation test results and soil boring loge taken at site in May. 1980 4. Discussion and recomm.ndntions. The numbering system for the lots has changed since initial testing was performed in 19�30. For consistency between rerco.ation test reports, the initial numbering system for the testholes is used in this report. The so{1 boring lnus show silt loam to clay loam surface soils overlie variably textured clav subsurface horizons. Significant soil mottling begins at 0.5 to 2.5 feet depth at most of the boreholes. Soil mottles (spits of contrasting color) are accepted indicators of periodic. Katuratlon in soils. Cleving (dull gra} :-oil color) forms In soils which are saturated and in a c.hcmicallv reduced condition for long: pvriOeS of tiMe. `:ottring ana g1c-1-mg extend to the ,ic, th of the borehrleas. ground water was encL)untered at Borcholes .-2, 2-e, h-3, 7-2 and 7-3 at '.east hours after the 1;oles sere crened. civil 0 ••!un/C/Pal • P1.3nning • sods 0 land suf ve vng VanEeckhout Bv:lding Corporation Attention: Mr. Chuck VanEr• lout - 2 - August 27, 1981 Percolation test results from May 1980 and August . are as follo.,: Soil Texture at Hole Elevation Dept,"( ;es) Bottom of Hole Percolation Rate(min/in) P-1-1 99.0 24 Clay loam 49.8 I'-1-2 100.2 24 ay loam 15.1 P-1-3 98.3 24 Clay loam 90 11-1-4 97.0 24 Clay loam 8.7 P-1-5 96.9 24 Sandy clay loam 23.6 P-1-6 96.1 24 Clay loam 7.3 I'-&-1 98.4 24 C'ay loam 40.7 P-2-2 98.1 24 Clay loa- 26.0 P-2-3 99.3 24 Sar.,.v loam 10.9 P-2-4 99.2 24 Sai.,:y clay loam 35.2 •5 99.0 24 Slav loam 21.0 I'-21-6 98.8 24 ay loam 21.0 P-3-1 9b.7 24 : • .Alv clay loam 77.6 P-3-2 95.1 24 S.indv clay loam 92.0 P-3-3 59.5 24 Clay loam 18.9 P-3-4 '.00.6 24 C.'ay loam 184 P-3-5 97.8 24 �i�dv clay loam 48.0 P-3-6 99,4 24 iav loam 216 P-4-1 98.3 24 vy clay loam Not measurable P-4-2 97.5 24 ;4 " clay loam Not measurable P-4-3 1'1n.8 24 Clav 600 P-4-4 103.6 24 Clay %ot measurable 11-4-5 98." 22 Clav Not measurable P-4-6 100.4 18 Clay 282 P-5-1 105.3 24 Clay loam 33.9 P-5-2 106.1 24 Light sandy clay loam 14.2 1'-5-3 108.8 24 Sandy clay loam 10.3 I'-5-4 107.6 24 Cl:,v loam ' 2.9 P-5-5 110.6 i8 Clav loam 17.0 P-5-6 109.0 ?4 Clay lc 72. 0 P. 'i-1 106.- 24 Clav loam 1.97 P ,6-2 105,.7 24 Clay Ioac: -,1.3 P-6-3 106.2 24 Cla•: Icar.: .;.b P-6-1. ln).b 27 C:lay loan: 38.2 P-6-5 inh., c'lav Ioam �+.h P-0-6 111.%. 1 24 Clav loam .3 11-7-1 101. _ Lif,ht -tndv cla, V-7-- yu Lirlit arid•. .. la. n-7- , 101.'j 24 Clav I(,'itr. 33.5 P-7-- ?JI.a Ib ! ?a• loam 21.2 V-7-5 102.5 2 i !,ry 1o;In .. P-7-6 100.1) -10 ,wjv ..1.jy loan. ... � VanEeckhout Building Corporation Attention: Mr. Chuck VanEeckhout - 3 - August 27, 19S] Percolation test results are, in general, consistent with the texture of the s it materials in which the percolation tests were performed. The City of Orono requires at least three (3.0) feet elevation difference between the bottom of standard soil ab;:urption trenches and the water table or indicators of periodic saturation, such as soil mottling. The City of Orono also stipulates that soils acceptable for standard soil absorption systems should have a percolation rate faster than 60 minu::es per inch. Test results indicate that tested soils at the proposed lots do ncttreet both of these requirements. Therefore, the soils are unsuitable for standard soil absorption systems. However, the soil tests show that six of the seven lots are acceptable for standard mound s-stems. Siting criteria for mound systems include the following requirements: Slope (%) Percolation Kate (min/in) 0-3 60-120 3-6 30-60 6-12 5-30 (approval contingent on inspection by Inspector) Percolation test results indicate that most of the proposed lots meet the above criteria. The lest with the " W' testholes will require an engineered, mound design to overcome moo:; limitations. After proposed house locations are decided, indi...idual mound designs show' be made. If proposed house locations cover sol. test areas, additional percolation testing may be required. The sole purpose of soils data contained herein is evaluation of soil suit- ability for on -site absorption of septic tank effluent at the test site. Although soil texture and horizonation information and ground water elevation data may be helpful for the setting of basement elevations at tais site, we cannot warrant any such interpretations or use of this data for other purposes. Tf you have any questions about inforniation contained in this report, please eel free to contact n . �-rice teIY, P',W:SON ANDERSON ASSOCIATES, INC. t.ary J. TYM+bun, Soil Sc ivnti st t;jRl jkw Enclosures File: 6143.0 PROJECT: VanEeckhovt Percolation FiLE __6193.02 . -)R I N13 1 Uk"31): 4" Flight Auger —8 6 1 Borehole 1-2 0.0 FLUATI C" 98.0 (feet) IDark brown silt loam 0.7. 2.5 Grayish brown clay loam with many yellowish brown mottles, many gray gleved areas 'I I .5 END OF BORING 'd,0UND WATER. NoT rvon,HRED. Borehole 1-3 Q f-, 0-0 (feet) 1 2 Dark brown silt loan, 1.5 Grayish brown "It loa--- Brown clay loam Dark brown sandy clay, r.ois-., sticky 3.5 iGra%ish brown silty cla%' with manv vjllo�ish brou-n 4.0 -"v nv Rraareas (;ravish brown sandy clay Ican with many red mottles, Mkln%, gray gleved areas 6.5 Grayish breun sandy clay wit:: manv vellowlsh broum many gray gleved areas .5 KN!) ('11 BORIN-C VanEackhout Percolatior. INIj I LTK3:): 4" Flight Auger !ir.i;:: B/24/dl Borehole 1-2 id-P T H 0. 0 %IAT i i_' - 9 S 0 (feet) Dark brown silt loam I 0.7 Brown clay loam 2.5 Borehole 1-3 DEPTH 0.0 (feet) 1.2 Dark brown silt loam 1.5 Graff: i sh brown i l t Icta-. —. 2.5 Brown clan loan I'Dark brown sand' cia •, Taoist, !sticky 1 3.5 I IGravish brown s i ltv c a; .,'n^ ' ' . .... µin .with r�arti• ve i;l. ri,rw: ;,,;anv Qrat' r Q1E".'i_C ae:.i� I Grayish brown clay loam with Grayish brown candy c:av loa- many yellowish brown mottles, with many red r..cttles, nanv many gray gleved areas ! gray gleved are.is 6.5 Gra'; i sh l-rown sand• clay man•• yellowish brown many gray gleved, area; 7.5 f 7.5 - EtiU OFd�!3tI�:(; END r?1 B;?UN 1 Nk . - i 1'kWECT: Vanreckhout Percolation t ILA h`l3•_.` :✓J %IIw s E TK J: 4" t'li :ht nuher 1):;IC:_-_-- Borehole 2-2 Borehole -1 DEFT-. 9.2 D=—PTH 0.0 ____ F f " ...i �' � __ 98 %--- - (feet) (f e` `) Brownsilt loam 0.5 Dar% brown silt loam 1.0 I 1.0 Brown clay loan: Dark grayish 1.1rown silt loam ' 2.0 Gray clay '.oa^s with many yellowish brown mottles,few 2.5 . ornv vipvpti •rens firm ! Dark grayish brown clayey i sand, wet I 4.0 I. i j Ii Grayish brown sandy clay loan) with mangy: yellowish brown mottles, many bluish gray gleyed areas, moist 8.0 Brown sand•. 1,-M - 1.8 ,ravish .town c- av Toam� wig idbr(,rlotL' s, a.. •r •.• a iP R . • 1,,i �- Gra silt: clac loam with irsany yellowish brown mottles, imanv gray gleyed areas, lire 3. 013 i I I j Cravish brown sanu�� -lay loam with ^zry yellowish brawn ane.. real :tles, r.;,ir.•: gray leyed areas, moist i t -1' JECT: VanFeckhout Percolationn� r;(.E ;, -_ _-593_02 ,L--tING i ETHC?: 4" Flight Auger li;,i 8/2'1/81 Borehole 3-2 9 »r C1 0.0 � ;�� iii, - 9.3 (feet) ' ' (Brown silt loam 0.8 Brown clay loam 1.5 Grayish brown clay loam with few yellowish brown mottles, few gray gleyed areas i 2.5 I i Brown sandy clay loam with few yellowish brown mottles, 3.5 few gray gleyed areas, moist I Gravish brown sandy clay lu.,m' with few yellowish brown mottles, few red mottles, i many gray gleyed areas, moist; 7.5 1 oa) of BODE? ING 1 GROUND WATER NOT E :C( I' :"I FINFL). (feet) 3.0 Borehole 3-3 Gravish brown sandy clay ]oar with many yellowish brown mottles, many gray gleyed areas, very moist ,.5 _ I ,'vJECT: VanEeckhout Percolation FILL �RING i'ET Hw: Ott Flight Auger U/,i::: 8/24/61 Borehole 4-2 (feet) i Brown clay loam I 1.0 Grayish brown clay, tough 1.51 Grayish brown clay with many; yellowish brown mottles 3.0 Grayish brown silty clay with many yellowish brown mottles, lime accumulations 4.0 Grayish brown clay loam with! many yellowish brown mottles,! many gray gleyed areas 5.0 7.0 1 Brown clayey sand with man yellowish brown mottles, moist to wet END OF BORING Borehole 4-3 J=FTH 0.0 (feet) 0.2 i---- , Bro%,.'n clay loam ;Brown cla,• loam with few yellowish brown mottles 1.0 I Grayish b.uw•n clay _; lua: wit:. many yellowish brown mottles, ;many bluish gray gleyed areas 3.0 I 'Grayish browit silty clan with 3.5 ,mriny red mottles, lime accuc.:_<.ti•..._. I Grayish brown clay loan; with Imany vellowish brawn and red mottles, man%: grav gleved areas, moist -�, 1..:1) OF BORING i r' ){ �.. -vJ„1�-�.� PROJECT: V.,,jLss.khout Pgrcolation �2 LORING 1'LThZ.' " Blight lucer _ limit: 8/24 bI -=rTH 0.0 _ (feet) T I Brown silt loam I I 'Brown clay loam i i i Brown clay loam with few yellowish brown mottles I i i I I i I I Grayish brown sandy clay loam with many yellowish brown mottles, many gray gleyed areas, moist i I 1 ' END OF BORIN(; t I low 2.( MI 7. Borehole 5-2 FI FI!LTTM - 107.9 GROI':;,) WATER NOT ENCO!":TFRt:D. Borehole. 5-3 DEPTH 0.O (fee Brown silt loam 0.5 � Brown clay lua:., with few -cd mottles, tough t Grayish brown sand-: clay loa-: with few red and yellowish brawn mottles, few gray gleyec areas i 5.5 IGras brown sandy clay loavr. I with many yellowish brown and few red mottles, many gray plea-ed areas 7.0' 1 l_ tvJCCT: VanEeckheut Percolation I- ,"_ ' 693.'J' ..,j.,II NIG i l.lTH-Z: _ 4" blight Auger Bcrehole 6-2 DEPTH o.o (feet) Dark brown silt loam 0.5 Dark grayish brown clay loam I Grayish brown clay loam with many red mottles } Grayish brown clav loam with I many yellowish brown mottles, many bluish gray gleved areas (Gray silty clay with many yellowish brown mottles, a-d gray gleved areas l I Gravish brown clay loam with mart' yellowish brown mottles,, many gray gleved areas, moist f I I 1.( 2.( M 4.( 8.o Borehole 6-3 l06.3 (feet) Dark brown silt loam to clay loam o-ith depth i 1.5� Black clay im, tough 2 2 ` 6.0 (,ravish brow-. sand- clay with .:.anv yellowish brown mottles, j .any gray gleved areas, moist to wet, s,-,'t !'ravish brown clay loam with j . •.yellowish brawn mettles, �,Ieved ,area. i t i U_' i'ROJECT; -_ VanEeckhout Percolation Fi Lr _ F93.02. i ORI14G ( *ETHO:)c 4" Flight Aui.,er b 2G b! Boreh-le -2 0.0 `E`rt{T10�; — 101 -- (feet) Dark bro%,-n silt loar. I 1.0 1 Grayish brown sandy clay loar. I 2.0 Grayish brown clay loam with i many yellowish brown mottles,I !many gray gleyed areas 1 3.0 8.0 Grayish brown sandy clay —. with many yellowish brown mottles, many red mottles with depth, many gray gleved areas, moist i::.D OF BORIN(, i i * (',ROI'%,) WATER AT h (IN Borehole 7-3 77!PTH 0.0 (feet) Dark brown silt loam 1.2 Grayish brown sandy cla-: lua-. 1.8 Grayish brown clay loam ,i• 2.2 m:znv yr-1 iovish brown __t-sue-1 ir.m 5.0 '.5 Gravi�h brown sandy clay with' manv yellowish brown mottles, ! r.,any bluish grav gle,•ed areas, wet, soft (:ravish ivroarn clay loan with many yellowish brown mettles, many bluish gray gleyed areas, wet * AKA NSO.N 4NDERSO.N ASSOCIATES, lire. P.U. Sox 665 222 /Monroe Street September 15, 191 VanEeckhuut Building Corporation 15500 Wayzata Boulevard Wayzata:, Minnesota 55391 Attention: Mr. Chuck VanEeckhout Pear (shuck: professional engineers and surveyors Anak i, Mrnnesota 55303 1 612 427.5860 T1!4s report sL its our percolation testing report of ,%ugu :t 27, 1981 concerning the ed subdivision located in part of the S:gut}::.a st Cunrter Section 27 Town. 17 North Range 23 West in Hennepin County, Mirrc !got.: . Additional percol—Lon testing was performed at the ,.4 soil testing lot about 150 feet southwest of the original percolation test area (see enclosve sketch). The soil borings show friable loam surface soils overlie a re ",!in to ct-.+rye sand subsurface horizon. Clay soils occur at depth. Grot•nd cater was not encountered. However soil mottling and Flvying, indicative of periodir suii saturation, begin at 1.5, 2.0 and 2.2 feet depth at Boreholes al, ,..' anti :3, respectively. Because the Citv of Orono requires at least three (3.0) feet elevation di_cerence betw—n the bottor.. c f standard =.ail absorption tren,-'les and indications of soil iration, an alternative means cu s��.�ce ci�,c��:•tl. the mound system is recommended for this arei. Percolation rate measurementq (below) sh.w soil c-n_.tions .ire ::_r- inrtallation of the mound system (percrl.itiun rite At -'1" faster than t10 :. minutes per inch minimum rate for mounds). Soil Texture at Hole Elevation Depth Bottom of EoIe Percolation. Rate _+:r;111-4 ) P-4-la 61.0 28" Medium to coarse .,::.'. :.!, P-4-2a 81.E 2h" Mediae.: to (-parse sand : P-4-3a 79.. 280, Medium to �tuirsc and P-4-4a 79.» 24" Medium to coarse ,n'' 1'-4-5a ;.., .16" Mediur: to rt+arm ..,r.; 1'-4-6a 77. % `ledIuri tv !'oar ! t^C .h Measured pert-! -iion rates art; COMii `.t--nt w l th t':! tt f. turc, of In which the pE r +:latinn test• were rne. .'.. iahlr t, e t ; r• we l suited t- r r-.nund ronstruc t iron. I VanEeckhout Building Corporation Attention: Mr. Chuck i'anEeckhout tt..:;;,cr The mound should have a pressure distribution system. Pressurr can be accomplished either with an electric pump in a pumping chanher set near the mound at the bottom of the slope or with a siphon in a camber -,VL .it the top of the slope. If you k ve any questicns, please fccl free to contact me. Sincerely, PAWSON ANDERSON ASSOCIATES, INC. Gary J. Raiun, Soil Scientist C;JK/ jkw Enclosures File: 691.02 SMWAMW Var.', :.i;A()ut Percolation -� W' Flight Au er I i:;rehole 1 EorFhojg ++ __--_ (feet) - i ark br,)wn s..ndy triable lay loam. 0.8' r i a' cayish bro-.- -...ilium .o i r S c•---se sand Grayish brcw•n a -lay loam with many rr ...ott?.es, many bl:ish gleved areas, moil: 1 0606— i 5.0 Ri® dl.ii5h grad: =:ir,' ic.�av with r:ar,�: brown m ties i 1 Bluish : a, silty clay with many red ~l s 1 •.0 END OF bl)RIN(, V:.nErckhout Percolation 1"S 693.02 lirht Auger _ 9/15/A1--- -- - Borr"le °3 Net)O.j Dark brown silt loarr to siitJ clay loam, friable 1.2 Grayi!ih brown medium to coarse sane 2.2_ Bluish gray silty clay with many yellowish brown and j red mottles i Bluish gray clay, fir® MOPW r i G +•i'N1) 'JATF " NOT ::1t'o7, . JERED. I { / i TO: Jeanne A. Mabusth, Zoning Administrator FROM: Michael P. Gaffron, Septic System Inspector DATE: September 16, 1981 SUBJECT: #626 Charles Van Eec'chout, 1024 North Brown Road - Septic Testing Review I have reviewed the site evaluation information submitted for this property and wish to make the `ollowing comments: Lot 1 - (Northeas; corner) Average percolation rate 12 MPI, mottling started at a range of 2.5 - 3.5 feet, soil texture is mainly clay loam. Mound system would be required due to assumed seasonal saturation level less than 3' from surface. Lot 2 - (North -rater ) Average percolation rate 26 MPI, mottling started at appr imatel y 2 feet. Texture main clay loam. Mound system would be required dur-_ to assu*ed Eteasor,. saturation level less than 3' fL)m the surface. Lot 3 - (Northwest corner) Average percolation rate 106 MPI, mottling at 1.5 - 3.0' range, Lexture is mainly clay loam and sandy loam. Mound system would be required due to assumed seasonal saturation level less than 3' from the surface and due to slaw percolation rate. Lot 4 - Preliminary percolation testing found impermeable clay soils with rates not measurable. Mottling started at 0.2 - 1.5' deep. Subsegaent testing on the downs. ide of the tree line indicated coarser textured soils, better j..ercolation rates i:. the neighborhood of 1.0 MPI, with mottling at 1.5 - 2.0 feet. A mound system would be required due to this high assume) seasonal watertable. Lot 5 - Average percolation rate 42 M11I, mottling heavy at about 3 feet deep, texture .mostly clay loam. A mound system would be required due to the assL .ed seasonai saturation level at 3' from the surface. Lot 6 - 3rnge percolation rate 66 MPI, mattlirg starting at 2.0 - 2.2 feet deep, textu o mostly clay loam. A mound system would be required due to the assaired seascnal saturation level at 2 f-et and du,2 :o the sl, oercolation rates. Lest '7 - Average Eye !o' ation rate 22 MPI, ric)-_ r_linq started at 1.8 - 2.0 feet, texture n,u:;tly sandy clay loam and clay loam. A mounts system would be requireO due to the assumed seasonal saturation level at 1.9 feet below the surface. Slope limitations for mound systems are minimal on all lots. I would recommend alproval of the subdivision based on Each lot needinn to use a mound system. Road construction on the site should be done so as to not disturb the tested mound sites. Site M an:in,, :or construction of homes should be cleared toward presurv:ny the tested sites. TO: Planning Commission FROM: Jeanne A. Mabusth DATE: September 17, 1981 SUBJECT: #626 Charles Van Ee_%hout, 102-5 North Brown Road - Preliminary Subdivision Michael Gaffron reports that each of the sevt-:n lots of the Van Eockhout. plat meet the standards of the Orono on site septic code. Each lot is approved for a mound system for both main and alternate sites. The heavy clays, high seasonal water table and Slope condiLions w�.11 require extra care during construction of the plat load anci in the selection of future house sites. Since our last review the applicant: has rearranged the lot lines in the process of relocating the plat road. All seven lots meet the regLli-cd jrea of 2 acres. Lot 1 does not meet the required 200' in width and would require a lot width variance (38.840). If there is some hardship r,•lated to this request it should be stater?. It would appear that the lot lines can be (-(greeted to mr.et the required width a: in e,ariie?- plans. Staff Re---in,en i3tion To app., the seven lot plat. of Charles 'Ian Eeckhout finding that ali ,ots meet the standards of the City's on site septic code and that each lot meets the lot standards of the RR-lB zoning district. such ap-)roval is subject to t'ie following_ conditions: 1 - A revisers survey correcting the lot width of Lot 1 (or grant a variance to lot width if Planning Commission accepts the hardships :,resented by applicant). 2 - .it_ I to take !Anderlying road and utilities easements ovtrr Outlet A - road outlot 3 - Cit.V will re-llire ti plicant to enter int.) a maintenance i ;reumunt tc divide cost of upkeep and maintenance of said road hetweun all s,r;erg lots. 4 - Csty wi11 require a consc.:rvat ion and flow. -age e-asem(.�nt ever th-c wetlands ar(_-a. 5 - Par::,_;it )r � p,jrk ft,dicat.ion fee in the amount of S1, 40n. n'). Each lot !d 6 - Uedi-ation of 31' ica;,r._ of way for 'forth Brown Road. 7 - All a�.:cess to th(• newly created lots; will be via the pl11tt,2(! rocs-i - n. iicrct- ac-ce!;s off North Brown i:oad. MINUTES OI' THE; PLANNING COMMISSION MEETING OF SFP'rEMBER 2.1, 1981 I'lie Planning Commission met on the above elate. The followingy ATTENDANCE members were present: Chairman Hammerel,Goetten, McDonald, 7:30 PM Rovegno, Jabbour, and Adams. Notman Paurus was present from the City Council. Jeanne Mabusfh and Thomas Jacobs represented the City staff. Applicant was not present. Adams was concerned about the 10 year variance expiration. Staff noted that it would be reason- able to assume that in the future, if the .lots wore not built -an the City would likely follow tilt, same pattern in granting the variance. Goetten asked if there were any park dedication fees. Mabusth stated that Council waived the park fees. Hammerel moved to approve the Mc leary final subdivision subject to the findings and conditions setforth in the staff resolution. McDonald seconded. Vote: Ayes (6), Nays (0). ,TAMES MCCLEARY 3445 Bayside Rd. Final Subdivisioi #589 Charles Van Eeckh rt was present. Adams wanted to know how /C.E. VAN EECKHOU1 the line of the w land was duturmineu. Van Eeckhout stated that 1025 North Brown the actual wetland is a meanderin.r line: but a straight line was Preliminary drawn for simpie description purposes. Adams questioned how Subdivision wide the road was that serves the 7 lots. Van Eeckhout stated 9626 the road outlot is 50' wide with a 100' cul de sac but that the finished road surface would be about 20'. Jabbour noted that Lot 1 lacked the necessary 200' width along the proposed road but since the ave—rau lot widths of the remaining 6 lots is a:loquato and did not. ap:,ear a l;roblerr especiall•.• since there is some 400' of frontage alone Brown Road. Adams moved to approvo the 7 Lot plat of Charles Van Eeckhout in granting -t wici"l, .*ariance to Lot 1 based. on the following ha: 1 - Adequate ,t lot side i ,ilf.ncl Brown Road 2 - There is ad..l.iate width 1st' alma building line in consideration of the 50 and 30 ft side yard setback such approval is suhlect to th--, followinq f.indiny: 1 - All lets meet the standards r,f the City's on site ser,ti:: code and t}iat each lot meets the lot stand-ird , of tile RR- 1 Is zoning district. and subject to the followinU Conditions: 1 - City to take underlying road over Outlot A - road o�itl.ot 2 - City will require applicant saclreement to divide. cost c)f said road between all fid . , ;: And ucllitLes easements },. enter into a ri , , itenance ke,,•I, and maitit elnane of lnc MINUTES OF THE PLANNING COMMISSION MEETING OF SF'nTEMBER 21, 1981 Faye 2 3 - City wil? require a conservation and flowage easement. VAN t-,ECKHOU7 over the wetlands area. (CONT.) 4 - Payment of a bark dt.:dicati,,n fee in the amount ^f $1, 400. 00. 7ach lot fJ •; 20o. 00. 5 - Dedication of 33' of riuht: of way for North Brown Rd. 6 - All access to the newly created lots will he via the platted road - no direct :access ollf North Brown Rnad. Goetten seconded. Vote: A-►-(rs 6; , *lays (0) . Allan Larson was present. The landin,4 th,3t is propose-26 ALLAN LARSON for the staircase is 6 feet. t,+ff has asked that the 3852 Cherry Ave. landing be trimmed back 3' b- a? in_t t:a.� final access tConditional Use abutt the retaining %%all. lie noted that all the Flans Permit had been signed by a licensc,:i engineer. 0629 Applicant reviewed his contractors suggestion to rvl)l,: ce the planking with stone consisting of 8 inch graved to permit adequate drainage. The are.: covered by the plinkinU measures 8 x 251. Goetten noted that our City Engineer recommended a itaLle ground cover to help stabilize the lakeshore hanks. Applicant noted that this was a heavily trafficked area and what kind of ground cover would stand the useage. Rovegno noted that the gravel wo:.ild allow the necessary drainage and would also control the urosi(,n problem. Applicant noted that the soil was marginal .and douht.ed whether anything would ever crow there. Mabusth stated that the City Engineer would be consulted. Jabbour asked what the plans foe: the boat houst- ? Applicant stated that hA had no Mans for any and lie hoped to keep the building if at all possiLle. Jabbour reviewed for the applicant the fact that this was additional hardcover in a lakeshore area that was alre..idy saturated with hardcuver problems. Goetten asked how much of a ro(lucti )n in hardco,.- r s resented in this application? Mabusth noted *.here wo-uld k :. a red+action of 100 s f u ` h.irdcovcr b�, remov i n,a t h,_, planking and replac.ii;,; wi ! `,-iiital,lr ;rc unii .1,) � r -,I ;rx.".: l . The 12 x 2", boat house an . is i ._.tai I .:,Ise }:;si:;*., of 3:.' sf of hard(7t:,ver. Rovegno :- •-)vecl to appr-ve t1he l akc.shore improvement 1-1has( of Larsai►'s original conditional use permit application based on the fol lowin,l conditions: 1 - Access stairs bein,, re,locate.l p •r st if f 2 - Include removal of i'lL.:zkir►,-r :Ac' replarc w. t.!. t;rt and cover her City Enginc ,-.r 's �iuggo.-tA ion. 3 - Rip raft alun�; shor�-i ►nt� TO: Chuck Van Eeckhout FROM: Jeanne A. Mabusth DATE: September 22, 1981 SUBJECT: #626 Van Eeckhout, Subdivision Planning Commission Recommendation mo approve the seven lot plat of Charles Van Eeckhout finding hat all lots meet the standards of the Crono on site septic ade and that Lots 2 - 7 satisfy the lot standards of the RP.-lB zon4.ng district. Planning Commission recommends granting a lot width variance of 8' to Lot 1 based on the following findings: 1) 465' of lot width alone Brown Road 2) An adequate building width of 112' along plat road frontage in consideration of 50' side setback from Brown Road and 30' side setback on west approval subject to the following conditions: 1) City to take tinderlying road and utilities easements over Outlot A - road outlot 2) City will require applicant to enter into a maintenance agreement to divide cost of upkeep and maintenance of said road between all seven lots. 3) City will require a conservation and flowage easement over the wetlands area. 4) Payment of a park dedication fee -.n the amount of $1,400.00. Each lot @ $200.00. 5) Dedication of 33' of right of way for North Brown Road. 6) All access to the newly created lots will be via the platted road - no direct access off North Brown Road. *Note this is a recommendation to Council - no action should be taken until Council's formal preliminary approval on October 14, 1981. Control No. ATY of ORUN "go, ()fficr 11»n WeCrntitai 14N. Minne—ta .593•:'i Wini ipnl 146, C.E. Van Eeckhout 120 aiuth Brown Rd. Long Lake, MN 55356 *NOTICE OF PLANNING COMMISSION ACTION Date of Meeting 9-21-81 Votes: +�_ For _ Ag-3inst _ Variance Conditional Use Permit X Subdivision, Preliminary Date of Notice _- Planning Commission recommends the foil, 113: _ Approval: As submittoJ X_ Approval: Subject to conditions noted secs enclosure. Approval: Additional information required before Council meeting Denial: For reasons noted r Tabled: Pending receipt of additional information from applicant Tab ::d : Pending review by others, or further Planning Conn-nission study No action required NOTES AND SPECIAL CONDITIONS _ --- -- Applicart's next sc` 'u: <1 �1tin•j i �C,nFir,` .1 as: Planningj Cor_1.1 ;..•i n _ Counci l — October. 14,. 191.L_ _-WednerAay ...._..- Applicant's next sc:h,r:ule(l r'?- .inj 1 d,-Pc-ndent upufi receipt of additional inforr.+t.icjn. D -r.1 •t't fthe meeting is % or for the mee,t inn. In all cases, the applicat 0)n MO it L(_' with the 3ut,mit.taI requested information within - or the City wil l consii.lfrr th'_ af,, :,.,rr, Illy wit.►i•lra+n. If the applicant ha,; tr(.ut.lr- o: a'. , +.. intormA. 1 •r,, ;• �;•' contact tho Zoninq Aziminist r,t, r . it you des i rr cent i f tel it., u: t t + i P1 +r n ► r: t. si +1:?.il! es tI.. iIke:.. tf. .. .. '.L � .:iI .a• . '1�. .• _ 'a' t �•. ? jpr .- 1 �•. t.Ps t' . (:ITYof OR()N 1"...1 10tlu•t K'X nn•+ r„t.�l Hui �tuutr�ttt.t :•`.t�.+• \iunirlpai t Iffv,. ()Pt Ow A*,Pr01 Sort- 1t; :.ukt' .iit/l/tt litlike October 9, 1981 C.E. Van Eeckhou 120 South Brown -oad Lo-.g Lake, MN 55356 Dear Mr. Van Eeckhuut: Yuur surveyor called this week to inform me that he has not completed a survey for a preliminary plat but merely a 3ke::ch from computer findings. In addition, he has advised me that it will take twt,, weeks to draft the preliminary plans as required by the Orono platting code, sections of which have been enclosed for your review. Contact our office ,s soon as these plans are comr,lete and we wi11 reschedule your subdivision for formal action. Sincerely, :Jeanne A. Mabusth Zoning Administrator Enclosure Yt 11 UI\t. • P1%1\1, 4 t t- 0 %0N11\INf k .I I� i i I\ �\t 1 a ! I'1 HI it t�l►kA1 3 TO: Walter R. Benson FROM: Jeanne A. Mabusth DATE: November 2, 1981 SUBJECT: #626 Charles Van Eeckhout, 1025 North Brown Road Preliminary Subdivision Zoning District - RR-lB Application - Subdivision - plat - 7 lots Total Area - 16.62 acres 1.65 acres - wetlands List of Exhibits Exhibit A - Application Exhibit B - Property Owner's List Exhibit C - Plat Map Exhibit D - Septic Review _xhibit E - Planning Commission minutes 6-5-81 Exhibit F - Planning Commission minutes 7-20-81 Exhibit G - Planning Commission minutes 9-21-81 Exhibit H - Preliminary Plan Mr. Van Eeckhot 's subdivision creates seven 2 acre lots. Each lot contains th required two acres of dry contiguous land. Lots 4, 5 and 6 contain wetlands on the south side. A private road, to be designated as an outlot, will serve all seven lots. Septic tests ha : been performed for each of the proposed lots and the recommended septic design `or each lot - Gaffron has recommended approval. See Exhibit D. Please review Exhibits E, F, and G, the Planning Commission minutes will give the additional background information and Planning Commission's recommendation of approval. Brief . iew of plat - Lot configuration - Each lot meets the required two acres of dry contiguous land. Lot 1's width along flat road izo 214' but at the building line it measures only 193'. Planning Commission approved the lot width ante of 7' finding that t'.are is adequate width of 465' a -own Road and 113' at building line (50' setback from d and 30' regular side yard setback). Acce s Road + Additional right of A. - 'I` plat road to be designated ab an outlot will be 5(f wide _,., de sac of 100' dianeter. All lots to access off Flat road. There is an adequate separation of 275' between County Clu*, Road interjection point and inter-,2cti_,n of plat- road on North Brown Road. Appliesant plans to complete construction of plat road prior to f ino i Eclat anprcwa Van Eeckhout must. subrr engineerir j plans for re%-i...w I)%, I'naineer prior to an%, road construction. Page 2 Planning Commission's recommendation calls for an additional dedication of 33' because in previous plans reviewed by Planning Commission the lot line appeared to run to the c<,nter of North Bi-(-)wn Road. The final boundary survey submitted for your revie.. shows 33' already dedicated for the right of way. Please omit item 5 under recommended conditions of approval. (Exhibit ). Wetlands - Lots 4, 5 and 6 have wetlands to the south. A Flowage and Conservation easement will be taken over the wetlands designated at the 98_.42 contour. Septic Review - Caffron has approved the mound septic design proposed for each lot but cautions that slope conditions anc soils makeup severely limit the lots as to locating other septic sights. The tested sight:, must be preserved. REGULAR MEETING OF Th_ J -_OUNCIL, NOVEMBER 9, 1981 I 9 Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1335' #1335, A Resolutioi. Approving A HE.rdcover Variance 2710 Walter's Port Application For Michael Pluhm On Property Located At 2710 Walter's Port Lane. Motion, Ayes (4) - Nays (0). Jeanne Mabusth, Zoning Administrator, rovi"w`d with I/SUBDIVISION the City Council the request of Charles Van Eeckhout 1025 Brown Road :North for a preliminary subdivision at 1025 11rown Road North.N626 Charles Vai, :.;ckhout Mr. Van Eeckhout was present. Hurr moved, Butler seconded, to ar-,rovo the pte- liminary subdivision request of Charles Van Eeckhout for 1025 Brown Road :North per the Planning Commission recommendations of September 21, 1981, subject to adding that the septic sites be located, marked, and preserved during road construction. Mo=i•)n, Ayes (4) - Naya (0) . Jeanne Mabusth, Zoning i,driinistrator, reviewed with CONDITIONAL USE Plten=T the City Council the after -the -fact conditional use 659 Minnetonka High - application of Richard Speeter, 659 Minnetonka High- L3r,3s Lane lands Lane, dated November 1981. #656 Ri.^hard Speeter Mr. Speeter wu:s present. Mayor Van Nest moved, Butler sec( ided, to table the after -the -fact conditional use applica`on of Richard Speeter, 659 Minnetonka Highlands I,a and to request City Engineer Cook and Public Works .:nordinLcor Gerhardson to review the project an3 present recom- mendations to the Cit, Council concerninry the 'easibility of the f lui..a and other alterr tr fives available; this motion 'sv s the 'act that thf3 City Council does )rably on the t.;.rp remaining in place. (4) - (•.' ) Jeanne Mabusth, Zoning Alministrator, rev:�cwed w"', VAN- LCE the City Council the variance request of Steve 4015 ")ahl Road Coddon, 4015 Dahl Road. #658 Steve Co<ldon Mr. Coddo:. � •a s pr,:! :-. •. t . also, HPwar d Me ,vihe r , > > r" Dahl Rnn Frahm r, : ied, cut lrir se onded, t�- approve the ince rcqueat of Steve Coddon, 4015 Liaal Road, par P1a1 CoRmissi-n recommonda"_ior f (-)ctobe. j, f.t to .:icluding no r_, jr. r. hts to ;.•_ irmation of the bla-kt,,p i.t, and no O .t, 1r@S L'+ N '3f " 1. mot Ayes i4 ) N,I y f Control No. 626 CITY of ORONO fold Mfmv Wan MoCrystal Nay. Minneaccta fr,'.;1 'i•h1unwipel ()fficeN Tel, -phone 47:1 73h7 To., Charles Van Eeckhout 120 South Brown Road Long Lake, MN 55356 Copies to! Ronald Krueger Meeting Date 11-9-81 Notice hate 11-10-81 _ Variance Conditional Use Permit x _ Subdivision, Preliminary I ubdivision, Final 1****�tsti>!r•,Y::�Ic**�c:F�k:'F�kk�k�c•::•k�YsY:YX:Y-�;Y:'::::'::',I�r:'r�Y-�4c•�Y�4r�k�..�k;':*kk�yYx���t>;•i.•�k•A7k�Y*�'c*�Y�lk�Y7k7k�t•��k•*�k�t•x*�Yk** COUNCIL ACTION Vote: 4 For Against Abstention MOTION to aFjP_rove you e, imina�ry ._anhd i yi sine ajI i cat on sul-)iert to tt conditions setforth in the enclosed staff memo. hAr***•k**k�F*ylr**i: *yt•k�c•�-k��Y-Jr'::c-'-Jc•��1•��x��c*•k�c•;: k-'k� k-k�•*�l•*�ck• �-*-kY��r�—;::174r:'r�•'•*l•k�k��r k*kk�Ar**�Vr�kik*R DFADLINE DATE 11-9-d2 for submittal of new information (application may he considered formally withdrawn if infonrkation or explanation is not provided). for Work Permit _ for work to begin for work to be application completed WORK PERMITS ARE RFOUTRED - contact Building Inspoctor before heginninp work. VARIANCE APPROVAL, is 1 imited to the extent shown tin approved plans. Do nor change plans. Var i <ince authority exlA res one, year after approval. CONDITIONAL, USF APPROVAL expires upon chnnQe of ownership or use, or on deadline date specified above. PRELIMINARY SURDIVTSION A1111%0VAL - Appl ivaiir must provide al l information and/or improvements rerpjlr i for final approval. Contact. Zoning Administrator FINAL SURDIVISIoN APPROVAL Applicant mUSt have drawings, resolution and all other required documents recorded. with cerrification of sucil recording returned to the City by deadline date. Certified copies of official City Council Miiiotes -TAv be nl-tjinej—T�y ._._ ltacting the City Clerk. Allow at least three weeks from meeting date. TO: Charles Van Eeckhout FROM: Jeanne A. Ma busth DATE: November 10, 1981 SUBJECT: #626 Proliminary Subdivision Approval Conditions of Approval Subdivision consists of 7 residential lots and a road outlot per survey dated October. 29, 1981. 2 - The new access location and plat road (designated as a 50' wide outlot) have been approved. All seven lots must be served by the plat road. City will require a road anti utility easement and private road maintenance co venantF. 3 - Drainfield area locations approved per September 16, 1981, report by Mike Gaffron. All septic site locations to be staked and protected during road construction and indi.:*iduai. site development. 4 - All new construction shall meet the standards of the RR-Q zoning disc:ict. The City will not grant setback variances for new construction. Improveatents Required Applicant intends to complete the grading and bed work for plat. road prior to final plat approval. Al' plans must be reviewed and approved by the City Engineer, Glenn Cook of Benestroo, Rosene, Anderlik & Associates, 2335 Hic,hway 36, aint haul, MN 55113 prior to road construction. All major grading plans and road plans must be reviewed by the M.C.W.U. prior to final plat approval. The paving of the road will be completed pri, to the issuance of a third building permit. JevelopQ rs will nter into a separate agreement (resolution) with the City at the time of final plat approval confirming the requirement of paving prior to issuar.e of a third building permit. Final Plat Submittals All of the following must be provided to the City no lat"r than November 9, 1982, or this preliminary approval is v"id. Allok one month from time of submittal to final Council approval. 1 - Record plat drawing in the form of two (21 mylar copies and pane (1) copy reduced to 1" = 200'. Drawing to include: a) lot lined platted per preliminary survey dated 10-29-R1 b) plattinc3 of private road as an outlot c) DesiInation of the wetlands as drainage easj1ments per survey line at approximate 985. 42wontour on [trolliTinat; survey date1 10-29-01. "Wetlands" should also be designated within the drainage easements on the mylat. Preliminary Subdivision Requirements Page 2 d) dedication of "drainage and utility easements" 10' wide along perimeter property lines including road outlot, and 5' each side of internal property lines - omit along wetlands area. 2 - Legal docun=�•nts required (to be completed in duplicate) a) flowage and conservation easement - fill in space on firstpage of easement as follows: "The 'drainage easements' as shown in Lot 4, Lot 5, L0'�' coy u on the plat of "plat name" on file with the Hennepin County Recorder s o�'tice. b) Road and utility easement (forms enclosed)"vj c) Road maintenance agreement (forms enclosed)Ay d) Complete privatr�, roadway request Ve) Title opinion audresy.ed to the City. All owners, -- mortgage holdexs or •,-hers with proper, interest MAVOI indicated therein shall sign the plat and all other documents afIrocted by such interest. •� f) The appiicanc oust provide certified copies of all recorded easements currently affecting the property.v., ---- — 3 - Fees to be paid: Total due $1, 475.00 /i4413 tj 4 a) Park Dedication Fees per current schedule., calculated as follows: each lot a $200.00 Total $1,400.00 b) Legal review and filing fees at $75.00 CITY of ORONO fort Office Box titi0Crystal Hay. Minnesota 5."2::10Municipal Offices On the .Furth Shure of Lake Ahnnefonka December 14, 1981 Clifford Ruep Minnehaha Creek Watershed District P.O. Box 387 Wayzata, MN 55391 Dear Cliff: In reviewing the M.C.W.D. agenda for December 17, 1981, I noted permit 81-122, C.E. Van Eeckhout's grading and drainage plans are to be reviewed. The City of Orono gave preliminary approval to the Van Eeckhout subdivision on November 9, 1981. I have enclosed a staff memo that reviews the conditions of that subdivision approval. Please contact my office if you have any questions. Sincerely, Jeanne A. Mabusth Zoning Administrator BURDINCA10NING 47)•7)57 • ADMINISTRATION&FINAN10 471.7)56 • PUKK NUIIKS-4117)S9 w A�lNN(, Pa 1e a c-.::`:'.:: - "',' cat-:c 0; at 'a c f 4, ll R 22, Hennepin .c. The er'1:... :'c''� lzt�t'a t.. �:�L`:_:3t10:: 3:.� :O": ?:.de- •r�,. Jr 3 ro;tc:e t::c' cha•^..:dl _S.11rl-cc'.. areas 3 :.. C`t... :Cr_-3=_�. PraV,C'.:S+c-v: it was moves: :rj'.T..�`aSr Sc:L`'.:L by Russel t.:St =a' 3: `__Ja be @C- �Cr t!. a u.,off .o.e the not i-Dn Ca:_.' :. C.r. .'a' Lc�.._`.:. - 3r.:.n .?.. South of Count'* 6, Dr.:)no, gra-J . _ an-4 ra_na a for i ' acre, lot rest :entla_ and dza.na-:e Plan+a; • .��a: of :.ake Ad&ditior• Of s8:•e- 2acre _:Its• e mana3�:S that run off Cci::.'3i3 =_ >'.... not :E_ S::L" -t the 3� Cant .:':t that the r as , ro?os•24, will. _as :lt :.n or. :• minimal char -,es in r-_ :of: -aces and qua'._`• F-llot,•_. -is- �•uss1^:-, _t '..'as :^c -e. b; Tho..3s, secon:!e- : ?'.:ssel_t _nat '`e aD^lica`. a. r_. . c J`.._ - 7. �vzo 1 Hillcre3- '.:ayzata re-3 e ex-.s•in c.:l :•e:ts a- The engine:r the apalicat:on an:. rez-,en]e:: tabl :,; pen,�in,- r_cr. 3,i�.t:onal inforr..at_on. �..cl�a, an _ Zsesg:-O^t 1:15 the 1 �^_t on..ralnage of :.pstrel- Ir,-°Is - it _ i L, Ti GuI• an!izo! tr,a'_ t.^._' a! t on�be tatic�4. as recc:-. ...:e.. :,J the engineer. :oon motion carr:_.'. CV7 AV Oftv ?frig rat4.on - •- =-'-- :, �•'.::, ;ra-i-. an:! dr3_na7_ for the of 3 5 '_'_ r1. SCif-SE:':.^_r' !:as s'_a`_ ,. T:,e engineer a?..ise i the :-anajers t^at a re:'ised plan fr r the propert'..• ha; bec• . recei :�c : ar-: reco,* sanded appro•,al with an Erosion control ?lan. Follow:^ ' .•.:7ct.ss:on, it was novel b; T:,o^a5, sec, n is , bj Gud.m,.;n3son, t`.at the grading, and drainage plan be ap: subject to the cr,%:ition .:gat the spill Tonta.nment facility shall be operate-1 such that the fld; gate -1c-.-I ce i s :n a c:c , '. pos1 a t ion Mho>n•:••.er `. el tams are being lillec? or ser:•: Ls:or.vnte the Mtil)n carr:e,a. s '•'`�� Il lrq'y, 'r MINNEHAHA CRr:EK last Mtmolrontlb WATERSHED DISTRICT P.O. Box 387. Wayzata, Minnesota 55391 00490 O/ MANAI:1115 OH�A N luJ �,�r h, G,i-,J-- Decembe r 18, 1981 Permit No. 81-122 Apt) 11catit : C. E. Van Eechout 1055 Last Wayzata Boulevarel Wayzata, Minnesota 55391 Location: Drown Road, NE of Dickey Lake, Orono Purpose: Npproval ()f Grading and Drainage Plan for a 7 lot r•�sir]ential subdivision, SW414 of Sec. 27, T118, R23, tlerul. �. Dicke., Lake Addition At the regularly scheduled December 17, 1981 meeting of the Boar1 of Managers, the subject hermit application was reviewed along with the following exhibits: I. Permit application received December 4, 1981. 2. Letter requesting a variance to MCWD regulations dated December 4, 1981. 3. Preliminary plat dated October 29, 1981, prepared by Ron Krueger. 4. Poadway Grading Plan dated :November 10, 1981 prepared by C. E. Van Eechout. The Board granted a variance in t'.is case an.1 .ip,,rove1 th permit application as sut,mitted on the r)asis that the impacts on runoff quantity and quality wu,tld be minimal. Approval was granted with the following condition: 1. Soil surfaces dis•uroed by the road construction will be seelie.i and mulched -o prev ant erosion. Failure t.j comply with r.11 the terms anti conditions in this permit is a misdemeanor. The permit terms may be enforced by criminal prosecution, injunction, restoratioi cr abatement, Minnesota Statute 112.89. This d01.umcnt is your hermit fron the MCWD. it is valid for one (1) year. If construction is not complete within one (1) Year, an extension must he requested. Please contact Cie district at 473-4224 when the project is ahr,ut. 9,o coimnence so an inspector ciay view the work in progross. 3 _ _ Hl is rd comber E11GENt-, A. I11CK0�K AND ASSOC. of Orono -- Lots _j, 2. 3, 4, 5, 6 and 7_ _ _ (hereinafter "benefited lots") Dickey Lake Addition _ but not for the benefit of any otner lots in (Subdivision Name) Dicke, Lake Addition and . (Subdivision Name) WHEREAS, the subdivider is the sole owner of the private road and all the benefited lots except for the undersigned who are all the owners of record of the following described lots in the City of Orono, County of Hennepin: NOW, THEREFORE, in consideration of the receipt of One Dollar (>1.00) and the grantinq of the above private road easement for the benefited lots, the above owners of each benefited lot, their heirs, assigns and successors (hereinafter referred to as owners or owner) hereby covenant and agree as follows: 1. That the owners do hereby acknowledge the existence of said private road easement and the existence of the private road, which is not a publicly dedicated roadway, and that the City of Orono has no obligation to maintain or service said private road, and that the City of Orono does not intend to acquire or open said private road as a public roadway. 2. That the owners will and do hereby assume and agree to pay a propertionate share -f the cysts of maintaining, repairing and replacing, if necessary, the private road over said easement described herein to at least a standard of quality equal to the private road as it was approved by the City of Orono as part of the subdivision of the adjoining land, anu as may be required from time to time by the ordinances of the City of Orono in reqard to private roads. Each owner's share of such costs shall be due and payable on the date such casts for construction, mainterance or repair are due and payable to the person or entity rendering an aceaunt therefore. Each owner's share of such costs shall bear interest at a rate of eight (8) percent per annum from such due date to the data of payment. Any owner may bring action, on behalf of the non -defaulting Owners, to collect a default.inq Owner's share of such costs which are not paid when due, and shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. 2 of 4 The plans, specifications and the awarding of contracts for the private road or for any alterations in the private road after construction thereof shall be approved in writing by the Owners of twenty-five (25) percent of the Lots. The costs incurred fir maintenance and repair of the private road shall be approved in wr -inq by the Owners of twenty-five (25) percent. of the Lots. No Owner may exempt himself from the liability for assessm,_nts by waiver of the use or enjoyment of any of the private r, id or by the abandonment of his Lot. In the event that the Owners of each Lot described herein fail to maintain, repair or replace the private road as provided for herein, it is agreed by all parties that the City of Orono may undertake to maintain, repair and replace the private road as provic'.ed for herein, and that such actions by the City of Orono will not result in the private road's becoming a public roadway, and that each of the Owners will pay to the City of Orono the proportionate cost incurred by the City of Orono within thirty (30) days of the receipt of such charges, or else such charge shall become a lien upon each Lot at the proportion as provided for herein. Said proportionate share is to be determined by dividing the total costs of maintenance, repair or replacement, including without limitation, the cost of cleaning, snow removal, surfacing and resurfacing, by the number of Lots set forth above, adjoining the private road; and that each Owner shall become liable for said proportionate share from and after the date of this Agreement. 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 Pach Owner of a lot described herein, by acceptance of a deed therefore, whether or not it shall he 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 successor:; in title unless Expressly assumed by them. 4. The private road shall be used strictly in accordance with the easements granted therefore. s;xcept as herein provided, no Owner shall obstruct or interfere whatever with the rights and privileqes of other owners in the private road and nothing shall be planted, a.tered, constructed upon or removed by an Owner from the private road. If an Owner shall violate this section, the remaining owners shall have the right to restore the private road to its prior condition and assess the cost of such restoration against the owner who violates this section and such assessment shall become• clue and payable upon the demand of any of said remaining Own(-rs. All of the remaininq Owners, or any of them, shall have the Light and power to collect the cost of such restorations in a legal proceeding for that purpose. If an owner interferes with the rights and privileges of another owner in the use of the private road, 3 of 4 except as herein provided, the remaining Owners, or any of them, may commence an action to enjoin such interference and the prevailing party shall be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursergents incurred in connection therewith. No Owner shall obstruct or interfere with the passage of any school bus or emergency vehicle over or across said private road. Any Owner may delegate his right uf enjoyment to the private road to his tenants who reside on a Lot, to the members of his family and his guests and to his invitees. 5. 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. 6. There may be no amendment to or release of the terms of this easement and declaration without the prior written consent of the City Council or the City of Orono. IN WITNESS WHEREOF, the parties have hereto executed this easement and covenant the day and year first above written. WAn DtiD 'TAX DUt �~ IM00 / A STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 15thday of FQhruarry _ 19 82 , before me, a Notary Publi.c within and for said County, personally appeared C. to me known to be the personsdescribed in an LwTilotextutewh the foregoing Declaration of Private Road Easement and Declaration of Covenants for Maintenance of Sam(, and who acknowledged that they executed the same as his/their own free act and need. Notary Public CONSENT hereby consents to the filing of the foregoing Declaration of Private Road Easement and Maintenance of the Same, and agree that should it foreclose its mortgage on the property, or take a deed in lieu of foreclosure, it will take title subject co said declaratior i Of a IN WITNESS WHEREOF, Gene Haberman, Sr. Vice President and H. Vaughn Ryan, Assisfan£- ice-htid3ert of Northwestern National BankWest, A United State, of America Corpor,ltir-n, on behalf of the Corporation. NORTHWESTERN NATIONAL BANKWEST i BY seniorvj iZr si0en1t_ BY IT. .V-6 9 yan _ .. Assitant Vice President STATE OF MINNESOTA COUNTY OF HENNF-�IN On this 5t`,day of April , 1982 before m personally appear^d Gene Haberman `K- N an3-. Vaughn Ryan, me known to be the persoris3escribed 'iri in'Fwho signed the foregoing instrument, and acknowledged that they executed same as their free Y� C act /and deed. T ':7 i • (i �C �. Pt' S . i f n�- . MMM/V Amp/.,,MnMAAAAAA&*AAAAAA^ . (� w 'sy E. FHLNCH Z > � Vtce i1LSlYlh� 160TAR1 �..:L'C MINNCSC*A MV tr':nm taptte► line V. Ivs. Y vvvvvvvvw• Not a rTPubl: C .,s "Tri-.,, P�A L" - '-4L*,c 7v,--, a,, Popfwn. Hook, ScjjjK PC11, KgtIf +Hh & firvv; $ 1•' 4344 1 o s air/ A14, MM WWt Nc „(writ' +air+; JIM N"St"' ",4fe M1r. I MW 25 M TRANSFER ENTERED MPA,RTWAd11H P* Wtt•'v 'Ax#`* MAf 2 5 19Q WIM. M w G Tv 4 4718420 KAr2c•{t g y C CGS.GUO 198 1 MA y 7.`i � I O A •1 nC,.iu'�'N t20 ''C)v-."1'I V18419 FLOWAGE AND CONSERVATION LASF-ME14T AND WAIVER OF DAMAGES THIS INDENTURE, made and entered into this % day of �f , 19I !�,' , by and between, z 1. -- -," c heirs, assigns, succe—sors ereinaft.co - tvey re erred 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). WITNF.SSETH, Grantor(s), for and in consideration of the sum of One Dollar. ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit clai7,, and convey to Grantee the right to restrict and Grantor(s) agree to limit and pre- clude the use, improvement and development, under the condi- tions and covenants hereir, contained, the following described Land in the County of Hennepin and State of Minnesota: The'drainage easements' as shown in Lot 4, Lot 5, Lot 6, and Lot 7 on the plat of DICKEY LAKE ADDITIOP( on file with the Hennepin County Recorder's office. TRAWTM- ENTFRM 1 `r 7 as follows: 1. Grantor(s) hereby covenant anr. aciree(s): N. No structures shRll be constructed, erected, or placed uprn, above, or beneath the Land including without limit- ation, fei.ces, firPE-laces, ••tees, hocks, piers, hard -cover or roads of any nature whatsoever, or any other structure or improve- ment inconsistent w.th the natural state of the Land. H. No trees, shrubs Lr other vegetation X�All be destroyed, cut or remit ved from the Lane except as authorized by written consent of Grantee. Nc eart., ,am, peat, grata-:. soil or any other na+ural ssateria: or :.a+_stance shdll k+c moved or renoved frcn th Land and there s;,all be no dreda,'ng or excavitionthf ary Lan: nature whatsoever or ar;- change of the toi,,raphy without the writter. ct:nsent of Grantee. r IN WITNESS WHEREOF, Gene Haberman, Sr. Vice President and H. Vaughn Ryan, Assista`nE—VT Fresi—d—enT—of Northwestern National BankWest, A United States of America Corporation. on behalf of the Corporation. NORTHWESTERN NATIONAL BANKWEST Senior i P ete:��/ BY / 1`/ / • V g n y aW Assitant Vice resident STATE OF MINNESOTA COUNTY OF HENNEPIN On this_Sthday of April 1982 before�T.e personally appeared _Gen_g_H berman an�A• Vaughn Ryarf�'�to me known to be the persons descr�iecf'i�n and -who signed the foregoing instrument, and acknowledged that they executed same as their free D act and deed. ■,vi...tinnMNA^^W x� M%F±Y r. FkENCH T ►� 1 -N:.Ca1N COUNTY 4 My Co". Erp+res A,nt 9. 1982 0 a u TD 1 C� ■„ ,wvYNvv4WWWvvWWvWvvv• ql . y 4718419 ' %AA 2 . i1 3 it {) 000.0Ugs FEE REQUIREA 19e104 r 26 AN 9: , e :4718419 y71 Pyl9 4'718418 ROAD AND UTILITIES EASEMENT THIS INDENTURE, made this 15thday of __Eehrliary 19-89 by and between C.E. _V n Eeckhout and Sue L. Van Eeckhnut hereinafter referred to as "Grantor(s)", and the City or 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 consideration 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 assigns, 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 A Dickey Lake Addition including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, instal!, maintain, operate and repair a sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road and any and all appurtenances including drainagf- control structures, 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 c,f the Improvement. In addition to any other remedy the Granted may have, the covenants and restrictions contained herein may be enforced by in- junction. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, permanently. The Grantor(s) herein certify that the lands herein desci,bed are free and clear of all encumbrances except: 1.lortga_ge to_Northwestern National 3ankWest asnQtgQ i-n AP_, title Qp.irbun_ _ IN WITNESS WHEREOF, said Grantor(s) have set their __ hand(s) on the day and year first above written., STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) On this I3th day of 19_-b[_, before me personally appeared C. E. Van Eeckhout and Sue L. Van J&Lkhout __ IF to me known to be the person(s) described in and who signed the foregoing instrument, and acknowledged that they executed same as their free act and deed. Notary Public STATE DEED TAX DUE HEREON: Exempt This Instrument was Drafted by: POPHAM, HAIK, SCiiNOEaICH, KAUFMAN & DOTY 4344 IDS Center Minneapolis, Minnesota 55402 !612) 335-4331 IN WITNESS WHEREOF, Gene Haberman Sr.Vice President and H. Vaughn Ryan, Assistant Vice President of Northwestern National Bank►Jest, A United States of America Corporation on behalf of the Corporation. NORTHWESTERN NATIJ)NAL BANKWEST by g,. e 76 —deent by 1 H. Vaw4hWalWt! ant 'Dice president STATE OF MINNESOTA COUNTY OF HENNEPIN On this 5t1i day of ,%pril 1982, before me personally appeared Cone 1l.i1lt-•ri.i.i„'7' and -fi. Vaughn Ry,)V to me know to be the persons described in and who signed the foregoing instrument, and acknowledged that they executed came as their free )act (a'nd d('ee1d. c OF M11kY [. FREN(�H L �,.. c;�� :�Y Rotar`p�flf Tic i IN WITNESS WHEREOF, Gene Haberman,Senior Vice President and H. Vaughn Ryan, Assistant T ce isre dent of Northwestern Natiunal BankWest, A United States of America Cnrpnrati on behalf of the Corporation. NORTHWE5TEPN NATIONAL BANKWEST BY�— 'Senior V�ce P e,/eident Y} BY - FF Veurj y a.55itant. 'Vice icc :,i ;, t STATE OF MINNESOTA COUNTY OF HENNEiiN On this 5t_h day of April 1982 before� personally appeared Gene Haberman _and } . Vaughn Ryan?`'fo me known to be the persons -descriFed in and -who signed the foregoing instrument, and acknowledged that ,hey executed same as their free V1tr� act and deed. illy„pest2N/hN(I.VIL1•.v/rrr,,.vnn`ffrN�,v,,n• NraWetJunoY.15:.1 No U�T1C �vvtivvVwwwvvwWvv�wvy�vwrw•v. ■ TP«s Las.Taa,MW-r :�.� k y %Phani, He,M, � I'f1Nlir-III, 014utt"414 4 1710V, I.1-4 434d t p S Ga "Ct 110"no ils, MN 554,32 TRANSFER ENTERED rKoikwvsNr, Ki Fi , TAA TWN MAY 1?5 r1L . U 40 qq 4718418 NO IM REQUIRED t 1912 MA 26 In 3: co. ffirtfism a IMM & 904 .AW OFFICES DAaEL F. SWENSON 610 TWELVE OAKS CENTER 15500 WAYZATA BOULEVARD WAYZATA, 14INNF.SOTA 55391 OAAEL F SWENSON JULIE STPEETER ,EGAL ♦eSI%YANT April 1, 1982 Mr. Alan Olson, Planner City of Orono P.O. Box 66 Crystal Bay, MN 55323 612 473 Oa' - Re: Dickey Lake Addition Dear Mr. Olson: At the request of Mr. C. E. Van Eeckhout and Van Eeckhout Building Corporation and for purposes of the City of Orono in connection with the Dickey Lake Addition, I have examined the Abstract of Title for the real estate situated in the County of Hennepin having that legal description set forth on Exhibit A att,�ched to this title opinion. The Abstract of Title contains 85 entries and was certified to 'larch 18, 1982, at 7:00 a.m. by the Title Insurance Company of Minnesota. Attached to the Abstract are Certificates of Seaiches made by the Abstract Company for judgment liens, federal tax liens, and bankruptcy proceedings respecting the re, ownern of the subject property during the t?n (10) years in, liately preceding 1,larch 18, 1982. Assuming the Abstract and the appendant Certificates to be correct, it is my opinion that on March 18, 1982, the title to the subject property was vested in: C. E. VAN EECKHOUT subject to the following: 1. A mortgage given by Charles E. Van Eeckhout and S..e .. Van Eeckhout, husband and wife, to Northwestern National Bank West (U.S.A. corporation). The mortgage 15 Dated September 3, 1g81 Mr. Alan Olson, Planner Page 2 April 1, 1982 and was filed November 13, 1981, as Document No. 4684520 in the office of the Hennepin County Recorder. The mortgage secures a repayment obligation in the original amount of $400,000.00. 2. Unpaid real estate taxes for 1981, plus penalty, the base amount of which is $740.86. 3. Unpaid real estate taxes for 1982, the base amount of which is $835.82. 4. An adverse claim to title of the lower 13 feet of the tract described by the third component of the legal description which is the subject of this opinion. The adverse claim is created at Entry No. 66 of the Abstract showing a Quit Claim Deed dated May 23, 1973, filed July 9, 1973, in Book 73 of Hennepin County Records, page 4027332, given by Compass Enterprises, Inc. to Thomas W. Lane and Judith Lane, husband and wife as joint tenants. A photoco:3v of the Quit Claim Deed is attached to this opinion as Exhibit B. Al:-) attached to this opinion are Exhibits C and D which will assist you in determining the precise location of the property subject to the adverse claim and in determining how that adverse claim would affect the. plat of Dickey Lake Addition. Very truly yours, LAW OFFICES OF DAREL F. SWENSON Darel F. Swenson DFS/lkr Attachments cc: C. E. Van Eeckhout Bruce Malkerson Exhibit i� That part of the Southwest 1/4 of .',ection 27, Township 116, North Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the East line of said Southwest 1/4 15 chains (99U.0 feet) North of the Southeast corner of said Southwest 1/4; thence West and parallel with the South line of said Southwest 1/4 distant 15.69 Chains (1035.54 feet) more or less, to the West line of the tract of land described in and conveyed by the certain deed dated March 2, 1895 made by Catharine Cox, widow, to Lucinda J. Greene, recorded April 27, 1895 in Book 427 of Deeds, page 288; thence North along the West line of said tract of land distant 420.b5 feet; thence East and parallel with the South line of said Southwest 1/4 distant 15.69 --hains (1035.54 feet) to the East line of -,aid Southwest 1/4; thence South on said East line 42U.65 feet to the place of beginning. ALSO: Beginning at a point on the East line of the Southwest 1/4 of Section 27, Township 118, flange 23, distant 141U.65 feet North of the Southeast corner of said Southwest 1/4; thence West, distant 15.69 chains more or less to the West line of the tract of land described in and conveyed by that certain deed dated March 2, 1895, by Catharine Cox, widow, to Lucinda J. Cteene, recorded April 27, 1895 in Book 427 of Deeds, page 288; thence North along the West line of said tract of land distant 294.5 feet; thence East and parallel wits► the South line, distant 15.69 chains to the Fast line of said Southwest 1/4; thence South on the East line of said Southwest 1/4; distant 294.5 feet to the place of beginning. ALSO: That part of the Southwest 1/4 of Section 27, Township 118, Range 23 described as follows, Deginning on the East line of the Southwest 1/4 at a point distant 99U feet North of the Southeast corner of said Southwest 1/4; thence West and parallel with the South line of said Southwest 1/4 a distance of 99U feet to the actual point of beqinninq; thence South and parallel with the East line of said Southwest 1/4 a distance of 165 feet; thence West parallel with the South line of said Southwest 1/4 a distance of 45.54 feet; thence North parallel with the East line of said Snuth%jest 1/4 a distance cf 165.0 feet; thence Fast parallel with the South line of said Southwest 1/4 a distance of 45.54 feet to the .actual point of beginning, according to the United States Government survey thereof, and situate in Hennepin County, Minnesota. 5ub)ect to all public ruads. r 04 C9 r^.e er i t• Pr1 }.J D' 7 /1 is testirnsn? �etmr. n. eoid 4,w on,,s A" ew'.aat Main CORFURATE SEAL prorate to 6r e•awhd iw tte ae'virmto wain. A,ltle Pft-dent uxdft aad tie e.rrwrste and b to Arrruwta aQl . +t fAe An' uwd *fur itOruh. W' tot► COIO S•EMTE SES, INC. Of r^�'� �%%/ f DD!Q,D t. r Patas at ci... o..e. Form No. 30AII. r, t.• n,... w .. • . • Thlg 3Cb? ASurt, xa P this INC.3rd day of May Lstverw ,_ . a n fioa sod•► the Nice of eke St a Kinnesote pert a At )free and onas W. Lane and Judtig Laner husbadd and wife a� / / ' _ joint tenants _ - d fb Csew/r a/_ Senneplll - - _. @ad state bf Minnesota _ M t es tesof ike crowd part, siowifelkrhat the said /erfy of the I/nt /eI iw reweidfrutic% of the soft of One Dollai_.li1..001- and Otl r_Good a Valuable Consideration---WAPMN• r Y to hand paid tttr As said part- 11J of the amend part, tAo rweipt teherarf to brrhy erLowelol/ed. dome he►etty Grant, Ma►faiw, Nitelaim. and Cnntey unin fAe mid tlrt Les of the vrnnd part, their heir and as" gs rer�e"r,'all the tree•. or Tara! of Land ly!aj aeA G?of in the row■tp of -- asMOP-kn _ . _ _ _ . and State of Minwraaa. dew,44 as follow, t,-wL' Exhibit B t • i That W t of the Southeast quarter of the Southwest quarter of Section 21, Township 11I North, flange 23 West of the Sth Principal Meridian, described as follows: beginning at a point on the East line of said Southeast quarter of the Southwest quarter distant 356.75 feet North of Lk* - — — — �- -- --- Southeast corner of said Southeast quarter of the Southwest quarter; thence _ West $90 toot; thence North 470.2S 'set thence East 990 feet to said East line; thence South 470.2S feet to the point of beginning, EXCrjmr the i South 268 feat thereof* subject to aA easement for road purposes over the East 33 feet thereof; that part of the Southeast quarter of the Southeast quarter of Section 21, Township 114 North, Range 23 West of the Sth Principal Meridian, described as follows: beginning at a point on the East line of said Southeast quarter of the Southwest quarter distant US feet North of the Southeast corner of said Southeast quarter of the Southst quarter; thence West 103S.S4 fcst; thence North 16S feet; thence _ Zest 103S.S1 feet to said East line; thence South 16S feet to the point of beginning, EXCEPT the North 1S2 feet thereof, subject to an easement for road purposes over the East 33 feet thereof. Cf - 73 Tao teow-W r h Ar mad weaav Mil i ATIE t, - DE►T OF = ,Ns,hd w wa.,,,nw %4A1J 10 TAXATION I" Ila DEED — ri' Two CAV Fed" So•iwet a tam Aso. STAMP jwntt = O 2. 2 ©_ atare.,dt. A.• TAX --- tateew — —_'_ hlrstaooi► Mww, SSaN STATZ DEEO TAX DUE SEREONt $2.20 to W&W alto IS 69111 i61 bime. rer.thor wah at# toe AsroAtan,r■is tAer► wwto aetoapiwl or iw awretiee ooperteiaia(, In the laid part iM e% As erioad ja�f,• �'thai[ #�4•• and atwiQae, po,"Vl. : 31 200 i 200 400 42 O .m tCfif Ilfl Mfaoa CITY Of of 0III& r• Y n• •• w rr t•f rr f•o � ��• f ,t�' I I!0 ECKSTRQM ���•ti� l i Soo 753� 111 ' ; s 2 It an [t,ln 41 IADD. =:L) ' IN ` (s) d � •r r: 1� I 600 LAKEVIE * I L 0 N G COUNT l(�e /03S`5�'------- -- till rtr t Ir I � y frt•\ . sso 23 2i ( � HE ti ru ,•�.� I�, i Twit0lt •• C'/ fiQ 3 • , „ v I 34 • Yl 10 LAW OFFICES DAREL F. SWENSON 610 TWELVE OAKS CR?TER 15500 W%YZATA BOULEVARD WAYZATA, MIMSOTA 55391 612 167, ,1 474 PANEL F SWI NSON ju L1L 57ALETER ILUAI ASS45TANT April 2, 1982 Mr. Alan Olson City of Orono P.O. Box 66 Crystal Bay, MN 55323 Re: Dickey Lake Addition, Orono Dear Mr. Olson and Mr. Malkerson: Mr. Bruce Malkerson Attorney at Law 4344 IDS Center [Minneapolis, MN 55402 Here I want to confirm the agreement we reached in Mr. Olson's office on April 1, 1982, on how to resolve the problem of the adverse claim to title over the lower 13 ft. of that portion of the proposed Dickey Lake Development jutting out into Dickey Lake. As I understand it, we have agreed that Mr. Van Eeckhout can have the plat redrawn to exclude that 13 ft. Therefore, Mr. Van Eeckhout will proceed immediately to have the plat redrawn accordingly. Very truly yours, LAW OFFICES OF DAREL F. SWE((NSON Darel F. Swenson DFSV;� cc: Van Eeckhout Building Corporation OAREL SWENSON JULIE `.TWEE/ER LEGAL 4f•J1\CANT April 5, 1982 Mr. Alan Olson, City of Orono P.O. Box 66 Crystal Bay, MN LAW OFFICES DABEL F. SWENSON 610 TWELVE OAKS CENTER 15500 WAYZATA BOULEVARD WAYZATA, MINNESOTA 55391 Planner 55323 612473 0474 Re: Dickey Lake Addition Dear Mr. Olson: This letter is intended as a supplement to my title opinion dated April 1, 1982, respecting the tract of land proposed for development as Dickey Lake Addition. There is an unreleased judgment in the amount of $623.00 encumbering the lower 13 ft. if the "leg" of land that juts out into Dickey Lake and is a part of the proposed plat of Dickey Lake Addition. The judgment was entered in the case of Home Gas Comeany, Inc. v. Compass Enterprises, Inc. and was dated January 12, 1973, docketed January 12, 1973, in Hennepin County Case No. 692010. The judgment constitutes a cloud on the title to the land in the Dickey Lake Development. To clear up the problem, the fee owner should obtain a release from the judgment creditor or a Satisfaction of Judgment. However, as you, Mr. Malkerson, Mr. Van Eeckhout, and I discussed, we have agreed the lower 13 ft. referred to here will be excluded from the plating of the Dickey Lake Development. In view of that, it would appear that as a practical matter, the judgment is of little real consequence as is true of the encumbrance I noted in my original title opinion. Very truly yours, Darel F. Swenson ` D NR-5 DFS/lkr 1 cc: Bruce Malkerson �.1 C. E. Van Eeckhout CITY OU "I�OPJO City of Orono Document Form November, 1979 CITY OF ORONO HENNEPIN COUNTY, MINNESOTA DEVELOPER'S AGREEMENT FOR DI K •. ' LAKE ADDITION (Name of Development) VAN EECKHOUT BUILDING CORPORATION (Name of Developer) THIS AGREEMENT, Made and entered into this 5th day of _ April , 1982 , by and between the City of Orono, a municipal corporation organized under the laws of the State of Minnesota (hereinafter called "City"), and its heirs, successors and assigns, (hereinafter called "Developer"). W I T N E S S E T H: WHEREAS, the Developer has made applicatiot. co the City Council for approval of ;private road construction. AND, WHEREAS, the City Council has granted approval for such development on the condition that the Developer enter into this agreement to provide for the installation of improvements hereinafter described on the terms and conditions hereinafter set forth. Initials of Developer Initials of City Clerk t' a , NOW, TKEREFORE, in consideration of the premises and of the mutual pro _ses and conditions hereinafter contained, it is hereby agreed as follows: 1. Property Description: Lots 1,2,3,4,5,6 and 7 Block 1, Dickey Lake Addition 2. Improvements: In accordance with the policies and ordinances of the City, the following described public or private improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions hereinafter contained: 26' roadway with 20' bituminous paved drivinci surface. 3. Cons►truction Plans: The following (escribed detailed plans and specifications for the complete installation of the Improvements shall be submitted by the developer for the approval of the City prior to the start of construction. The Plans and specifications shall conform to all current City standards for all applicable work. construction plans elated revised 4-1-8 (Exhibit A) Initials of Developer Initials of City Clerk 4. Construction of Improvements: A. Commencement Date - The construction of Improvements shall begin no later than Ma_., 15, 1982 B. Completion Date - All Improvements shall be completed no later than October 1, 1982 C. Contractors - The Developer shall select, retain and supervise the Contractor(s) responsible for Improvement construction. The City reserves the right to require satisfactory proof of successful experience and adequate financial status of any suc:. contractor. Where required by City ordinance, the contractor shall first obtain a license from the City. D. PreConstruction Conference - Prior to the start of any construction, the Developer and the Develc,rz-,'s Contractor shall meet with the responsible City offici..0_ to review construction plans and schedules. E. Permits - Prior to the start of any construction►, the Developer's Contractor shall apply for and receive all necessary permits from the City and/or gov,2rnment agencies having jurisdiction. F. Construction - The construction, installation and materials shall be in accordance with the plans and specifications approved by the City. G. Insurance - The Developet will cause each person who constructs and installs any Improvement to maintain complete insurance coverage including Workmen's Compensation, Liability and Property Damage - Initials of Developer Initials o."- City Clerk Page of n 5. Performance Deposit: E'or the purpose of assuring to the City that the Improvements will be completed according to the terms of this agreement, and that the Developer will pay all claims for work done and materials and supplies furnished, the Developer has deposited with the City at the time of the execution of this agreement, certified funds or an irrevocable letter of credit in a form satisfactory to the City providing that the City is able to draw upon such funds or letter of credit in its sole discretion to complete the Improvements if the Developer fails to satisfactorily complete the work prior to the completion date specified in Section 4 above. The amount of such deposit shall not be reduced before substantial completion of the Improvements. A. Certified Funds - If a certified check is deposited with the City, said check shall be made payable to the City of Orono and shall contain no conditions or time limit for withdrawal by the City. Said check ,3hall be held in security and will not be cashed or deposited except in default )f this agreement. The check will be returned to the developer within sixty (60) days of satisfactory completion of the Improvements. B. Letter of Credit Expiration - If an irrevocable letter of credit is deposited with the City, said letter of credit shall expire no sooner than six months after the completion date specified in Section 4 above, or no sooner than whichever is later. C. Performance Deposit Amount shall 150% of estimated construction cost. Estimated Construction $ 6,000.00 X 150% = Deposit Amount $ 9,000.00 6. Fees and Expenses: The Developer agrees to pay all City fees required per the current City Fee Schedule and further agrees to completely reimburse the City for all the variable additional expenses it incurs ir, regard to the review and approval of the Improvements including, but not limited to, direct City payroll and overhead, costs, and fees paid to consultants and cther professionals. Initials of Developer ?nitials of City Clerk Page 4 of 8 7. Resolution:, of City: Developer agrees to be bound by the provisions set forth in all resolutions of the City Cotincil approving the Development. 8. Binding; Effect: The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto. References herein to Developer, if there be more than one, shall mean each and all of them. This agreement at the option of the City shall be placed of record so as to give notice hereof to sub- sequent purchasers and encumbrancers of all or any part of the property. 9. Notices: Whenever in this agreement it required or permitted that notice or demand be given or either party to this agreement: to or on the other party, notice or demand shall be delivered personally or mailed States certified mail (return receipt requested) to the set forth below. Such notice or demand shall be deemed when delivered personally or when Asnt--,ited in the mail with the above. Notice to City City of Orono Clerk/Administrator P.O. Box 66 Crystal Bay, Mn. 55323 Notice t-) Developer shall be served by such by United addresses timely given in accordance Van Eeckhout I3uilding Corporation 15500 Wayzata Blvd. Suite 1019 Wayzata, MN 55391 Initials of Developer Initials of City Clerk 10. Incorporation by Reference: All plans, special pro- visions, proposals, specifications and contracts for the Improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. 11. Disclaimer by City: It is understood and agreed tLiat the City, the City Council, and the agents and employees of the City shall not be personally liable or responsible in nny manner to the Developer or Developer's contractors, subcontractors, materialmen, laborers, or any other person, firm or corporation, for any debt, claim, demand, damages, actions or causes of action of any kind or character, arising out of or by reason of the execution of this agreement or the performance and completion of the Improvements. 12. Hold Harmless and Indemnification: The Developer shall indemnify and hold harmless the C.Lty, the City Council, and the agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in con- sequence of the performance of this agreement by the Developer, its employees, agents or subcontractors, whether or not caused in part by a party indemnified hereunder. 13. Remedy for Default: Default by the Developer of any of the terms of this agreement shall automatically result in the suspension or withholding of all permits, licenses, occupancy certificates or other authorizations issued by the City in connection with the property included in this development. A. The Developer hereby grants to the City, Its agents and its employees, tho right to enter on the property for the specific purpose of constructing or completing any and all of the agreed upon Improvements should the Developer not complete those Improvements by the date specified in Section 4-B. B. The remedies afforded to the City under this Section shall be in addition to any other remedies to which the City may be entitled by law or other agreement Initials of Developer Initials (i£ City Clerk Pac;e 6 of 8 IN WITNESS WHEREOF, the City and Subdivider have caused this agreement to be duly executed on the day and year first above written. In Presence Of: Reviewed for Administration: Date: Paqe 7 of 8 CITY OF ORONO / 1 yorl Bv (City Clerk) DEVELOPER B� And By (City Official) STATE OF M I NNhSOTA ) ) ss. (City Acknowledgment) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me 'his �J day G: _ . 19�, by 0--- and Mayor aidair(17 City r , respectively, o the ity of Orono, a Minnesota ,.Lcipal corporation, on behalf of the municipal corporation. x0MARY S. WOYTCKA w.Z NWAW P W.0 - MMINKo HENNEPIN COUNTY w CwWAWMM 1W M w. M 11, _ S'rI,'i'E OF M 1 ".-'.ESOTA ) CO(J',TY OF HENNEPIN ) Not.�ry ublic (Individual A.cknuwledyi�ent) The foregoing instrument was acknowledged ie'ire this / day of _ _, 19&2, b�� T1� 4&11 MARY S. WOYTCKE y NoM y PNK.0 - MINNESOTA"ry -- HENNEPIN COUNTY b l i c My Ca w"**Wn Eap • ':w 19. 1^]t STATE OF MINNESOTA ) COU14TY OF HENNEPIN ) (Corporate Acknowledgment) The foregoing instrument: was acknowledged before me this day of —_ _ , 19 , by and _, President iiO Vice President, respectively, of y a Minnesota corporation, on behallothe corporation. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Notary Public -- _- (Partnership Acknowledgment) The f )r1r+3c-iny instrument was acknowledged before me this day of 19 by • a _.en(lral Partner of , a Minnesota Go•n#!r-al Partner�.hip, on o - said part-nership. Notary Public 2,1d? W. r%..A rNip, 9 J6 St. A..4 M".rd. low Pw& 61.2 - 6.t64600 April 5, 1982 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Jeanne Maybusth Re: Dicky Lake Addition File #139-626 Dear Jeanne: term G tlo.nr.rron P I. Rebus N' Rotenr. II l..rrph ( Indrrhk P I Rrad(ord 1 t.rar6rr6 P I Rukard I Iwrnrr P I Al .r. ( Ono. P I Wrom R. Gook. P.E Keith A. Gordon, P.E themes E Noyrs. P.E. Richard N' foster, PE Pohrrr G .Srhnnkhr. PI Narun I .Sorra/a. P.E. O.maid (. Aarjardr. ►I lrrry A soa.doa. PE Nark A. Hanson P.E %tr.rn N Oarncey ("harlrr A Errrksow 1-to M PaaGky Harlan M Often oa..d I neon We have reviewed the street grading plan for the Dicky lake Addition. The plan does not indicate the street width but we would recommend that the bitu- minous surfacing be 20 feet wide with a 3 foot gravel shoulder on each side. The foreslopes should be constructed as a 4:1 rather than 3:1 as shown. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK b ASSOCIATES, INC. Glenn R. Cook GRC/ jo 9077a WTMWESTERM WMWEST MAIN OFf It'F 1011 1• , tt.i06 1.1. a > 4 4Al : f Y 44 W Ol Ft 'f t• t, . ,;r A.t April 5, 1982 IRRHOCAB1.1? UrTER OF CREDIT h82-109 City of Orono 1335 Brown Road South Orono, MN Gentlemen: At the request of Van Eeckhout Building Corporation, we hereby authorize you to draw on us up to an aggregate of $9,000.00 by your sight draft presented no later than October 5, 1982. The draft under this Letter of Credit must be endorsed hereon and bear the clause "Drawn under Northwestern National BankWest Letter of Credit #82-109, dated April 5, 1982". The original of this Letter of Credit must be returned with the draft. This Letter of Credit is issued as a guaranty to the City of Orono that Van Eeckhout Building Corporation will complete required road construction and bituminous paving in Dickey Lake Addition and in the event of failule of the developer to do so, then the City of Orono may draw against this Letter of Credit. We hereby agree with you that said draft will be duly honored by us upon presentation to us at our house of banking. This Letter of Credit may be released prior to its expiration upon compliance with such improvements :end a copv of the properly executed written notice of acceptance of :said improvements by the City of Orono. It is a condition of this letter of credit that it shall be deemed automatic- ally extended without charge for six months from the present or any future expiration date(s). We shall notify you in writing by certified mail that we elect not to consider this letter of credit renewed for an additional period. SincefeLy,' i � } t✓. A,- Assista lice President NVR/tml TO: Alan P. Olson, City Planner Mel vilbo, Police Chief John uerhardson, Public Works Director Tom Jacobs, Building Official FROM: Jeanne A. Mabusth, Zoning Administrator DATE: April 6, 1982 SUBJECT: Private Road Name Request for. Dickey Lake Addition The developer has selected the name Sturbridge Court for the private road serving his plat. Please advise me by Friday, April 9, 1982, if yo- have any problem with this road name. W OF ORONO TE ROADWAY REQUEST The subject of this request is: an existing private roadway. kl" a proposed private roadway which is tj be created as a condition of pending subdivision approval. The owner(s) of this Private Roadway and/or all abutting property will be (are) the owner(s) of the following described property: LAL The above owner(s) hereby request that this Private Foadway be known by the following name: Choice No. 1 Si-vA' IA"f,!ioGc- Cc,' L % - Choice No. 2- Choice No. 3 (List three choices in order of preference. The City Council will approve a name provided no conflict exists with existing names or naming policy. if all names have a conflict, you will be asked to make new choices. The approved name will be used for all mailing address and official identification purposes.) p. The above owner(s) hereby request the City of Orono to install the following standard street and traffic signs and said owner(s) hereto, agree to reimburse the City for all cists of said installation. (Such signing may be required as part i a separate Developer's Agreement and/or subdivision request.) p. The above owner(s) hereby request the City of Orono to install the following standard street and traffic signs and said owner(s) hereh-,• agree to reimburse the City for all cists of said installation. (Such signing may be required as part of a separate Developer's Agreement and/or subdivision request.) I"' standard city street name signs) - number required ` standard "STOP" sign (s) - number required standard traffic signk described below: _ nu;-lber required _ The above owners) do hereby acknowledge the (future; existence of said private ro;_.:, and that the City of Orono nr. obligation to maintain or service said pr'vate road, .ind Y does not intend to acq-tir r open raid private road as a public roadway. Signature(sl of owner(s) Date f� Date Da t e D3a t e CITY of OR()N() 1'10+t Offi.t• liar 1>4;0t':v.ta1 Bay. Minnrnutu i).)32 0Municipal t)ffu•es On th(, North Shure i)f Lak Alinrietunka April 6, 1982 Nancy Husnik Popham, Haik, Schnobrich Kaufman & Doty 4344 IDS Building Minneapolis, MN 55402 Dear Nancy, I have enclosed a title opinion and copies of the documents to be filed with the Dickey Lake Addition of Charles Van Eeckhout. Please review them and get back to me at your earliest convenience. Sincerely, `X' # ' .l Jeanne A. Mabusth Zoning Administrator Enclosures KI 111►1%4. A /u�l��. 1' 1 tjj! • \1►M111�IN \IN►\ i 11� 1��. 1 1"1 ' Ic.� • ! 1 MI 11 NukA� 1' %%" ♦%1%4 TO: Planning Commission FROM: Jeanne A. Mabusth DATE: April 13, 1982 SUBJECT: #626 C.E. Van Eeckhout, 1025 North Brown Road Final Subdivision The subdivider has completed all the conditions setforth at preliminary approval to allowfor final approval of Dickey Lake Addition. Staff recommends final subdivision approval subject to the findings and conditions setforth in the enclosed staff resolution. a. MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 19, 1:'82 hag., 1.0 Peterson stated that it was up for sale and that he was TONKA (CONT.) keeping his options open. Opheim moved to table the Tonka Lake Properties proposal. McDonald seconded. After a brief discussion in whi.;h the developer asked for some action by the Planning Commission, Opheim withdrew his motion. Earnst then explained the drainage plan designed to control runoff. The Planning Commission was very impressed by the design but still felt there was too much hardcover proposed. Calla:an moved to approve the Tonka Properties subdivision for 2 units, including the existing one plus one more. Opheim seconded. Rovegno wanted to know what the 2 unit plan would look like. fie stated that with 2 units they could still run into hardcover problems. Opheim stated that this was a rare piece of property and that he felt that a PRD was never intended on Baldur Park. General discussion about Planning Commission not wanting to act on a plan that wasn't before them. The, wanted to act on the 4 unit plan proposed. Callahan withdrew motion. Callahan moved to deny the 4 lot plat and hardcover variances wnich would have to be approved to approve this plat subject to the following findings: 1 - Developer's disregard of hardcover ordinances. 2 - Too much rl,�.-nsity for hardcover regulations. Rovegno secc Vote: Ayes (7), Nays (0). Opheim moved tQ .approve the final subdivision subject to ,JUDD RINGER the findings and conditions setforth in the staff resolution. 2280 Wayzata Blvi Final Subdivisia -Donald seconded. Vote: Ayes (7), Nays (0). Resolution #515 moved to approve the final subdivision subject to Z.E. VAN EECKHOU9 'ings and conditions setforth in the staff resolution. 1025 North Brown Final Subdivisia onded. Vote: Ayes (7) , Nays (0) . Resolution �i F,27 ITY 4)f ( )ROAN,11 Mkt Box ti6oCri%t.1I IlMy, Mintit %wa `1:v-U ieMunulpaI (Iitirr+ Teleph,me 4,.1 ' 1 C.E. Van Eec}.bout 120 South Brown Road Long Lake, MN 55356 NOTICE OF P"NNING COMISSION ACTION Dat'-' of Meeting Vote:; : 7 - For `_— Against Planning Com;misf;ion recommends tho following: CUrtt:ol MO. 626_ _ - __ Variance• Cond i t ion,l 1 U ;L' P rm i t Subdivision, Preliminary Dates of Notice 4-20-82r —__ Approval: A3 submitte i X Approval: Subject to conditions i-►oted _ Approval: Additional information required before Council meeting Denial: For rea.,ons noted Tabled: Pending receipt of additional information trom applicant _-_ Tabled: Pending review by others, or further Planning Comc-lission study ::o action required NOTES AND 32—ECIAL CONDITIONS Please review the enclosed approving resolution to be presented at the Council meeting of Apri- 26, 1982. Applicant's next schedule,-i rrFt--ting is coni irin,::: as. Planning CoirTission Counc i 1 Ali1_6�-.------- r1 Applicant's ne:.t schelul-�'i :nectine3 is depnndc-.t upran receipt of additional information. Deadline for the me«_tirng is ------_.- -- ; or _ -- --- -_---- for the _ _ ------_�-- meeting. In all cases, the appl ic•ition rt,,l :t be continu-1 with t i(? submitt:il of requested informat it-n within or the City wrili 'nrl`ilt��"' ti'.�' ;j�!'!i!�'�iti—n d . fe,rm. 1. -,JirhrJ�;,'. It tho eppl irrr• h•in troul,lt oi,• ,i An'J od lil ir.nil inf->r nst ion, ple s i•- ~twct th- 'Lore i i, j A '- ! •1 i n t r.• ' • . If yw do-; 1 r,. C,.r� ►:`` 1,, rlt•! ' 1 th. i 1 1 e 1 N1 1' ' .1 l� :1 `41' v• +•. TO: Walter R. Benson, City Administrator FROM: Jeanne A. Mabusth DATE: April 23, 1982 SUBJECT: #626 C. E. Van Eeckhout, 1025 North Brown Road - Final Subdivison - Resolution At their meeting of April 19, 1982, the Planning Commission voted unanimously to recommend approval of the plat of Dicky Lake Addition subject to the findings and conditions setforth in the enclosed staff resolution. `• .or- 4718416 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1331 A RESOLUTION APPROVING THE PLAT OF DICKEY LAKE ADDITION WHEREAS, the City of Orono is a municipal corporation organized and existit;g 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 Charles E. Van Eeckhout and Sue L. Van Eeckhout, the subdividers; and WHEREAS, the subdivision has been approved as meeting all standards of the RR-1B zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be located without the need of any setback variances; and WHEREAS, the subdividers have completed all requirements of the platting regulations of the Ci,:y, including: 1) Dedication on the plat of drainage and utility easements. 2) Dedication on the plat of right of way for a public road, shown as Brown Road North. 3) Creation of a new private road shown on the plat as Outlot A, to be known henceforth as Salem Court. 4) Concurrent with the creation of this private road, the :;ubdivider has dedicated to the City a Road and Utilities Easement granting to the City permanent access, improvement and utility easements over said Outlot; the Subdivider has created nor. -exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting and/or benefiting lots including a declaration of certain maintenance covenants wherein each of the abutting and/car benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. 5) Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and/or drainageways described thervin and shown on t_he Eclat as "drainage easements". 1 of, 2 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. I'll 6) Execution of a Subdivider's Agreement providing for installation of certain improvements as a condition of subdivision approval. ;; :.11ment to the City of a Park Dedication Fee in the amount of $1,400.00. 8) Payment to the City for the legal review and rec(,rdina of the plat and all documents related thereto in the amount of $75.00. NOW, TIiEREFORE, BE IT RESOLVED, that the City Council of the :. il ./ )rono hereby approves the plat of DICKEY LAKE ADDITION, Hen;iepin County, Minnesota; subject to the following condit_ons: 1) Driveway access shall be from tho-- new urivate road with no direct access permitted to Brown Road North. 2) The aforer;aid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office together with a certified origii.al copy of th:i,, Resolution and executed copies of the Oocuments noted above. Adopted by the City Council of the City of Jrono tt:.s 10 day of May , 1982. hi lli . e 4 . ' �a�•�� AT"152 : M `IL er:.: City Clerk _— 2 of 2 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and azting City Clerk 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 May lU y ____, 1982,_approving___Uickey Lake Addition on�file in t h e o_ffi;_co 67 the�City Clerk. CItyJof Orono: eA) 4e=�--- Alberta Strom, City Clerk 11 day of _- - Ma: 19 82 . THANS� R �� i V-' dV A. Control No. 626 CIT'Vof OROM6 bwt 1tfUce It, tkoef'rv%Iaf It;t., %Itnnemita 10MuniciI A Offices 'rot -phone 47:1•7:157 TO: C.E. Van Eeckhout 1-0 South Drown Road Long Lake, MN 55356 Copies to: Meeting Date 5-10-82 ,No tic I- Date 5-11-82 Variance Conditional [►se Permit Subdivision, Preliminary X_ Subdivision, Final '�IrsinY';�Y:Y:ti•'c:Y:Yk:Y•:::Y:'••;::-:::::Y::.::Y::•;c�ti�Y�Y•:�::'c�'c:Y•:•k �:'::;;c:Y ���c:e:':::•Y:Ysc•:--:::::c::•:Y:'c•'c:Y-•Y:....,.c:'::'::Y•cx�Y�'e�Ymksb�irsY�Yat�'t�k COUNCIL ACTION Vote: 4 For Against Abstention MOTION to approve the final slat of n;c-kP14 L.akf- Addition subject to the findings and conditions setforth in the enclosed resolution. The subdivision will be filed as soon as you review and approve the revisions in the Developer's Agreement and the Maintenance Agreement. Please bring in the amended letter of credit to include the paving of the road at the same time you propose to review the subject documents. �c•Ar�ir*�r:'::'r:Y DEADLINE. DATE _ for submittal of new informatL-ni (application -may be considered formally withdrawn if information or explin3tion is not provided). for Work Permit for work to be -in for work ti he application completed WORK. PERMITS ARE REQUIRED - contact 'luilding Inspector hefore beginning work. M VARIANCE APPROVAL is 1 i,nited to the extent shown can approved plans. Do not change plans. Variance authority expires one year _t`tor approval. CONDITIONAL USE APPROVAL, expires upon change of ownership or use, or on deadline date specified above. .'RE'LIMMARY S[BDIVTSION APPROVAL - Applicant must provVe all information snd/or improvements required for final approval. ^nntact onintt AdminIstratnr. FINAL SIBDIVTSTON APPROVAL - Applicant -lust have drawinv,,5, rv%,iution and -ill other required documents, rs,c,-r,ted, with ct rt. i fi , i,-n f such record i n,t. ret urtied to t h#.• . i t v by -ertific•d eopiFs of official "it'. "Inuto ,^.1•: i•.od !" oont.a �t inv the 'itv .:lc•rk. \I1.....' -I! it, ' in ?ttL Date: May 17, 1982 OFFICIAL NOTICE OF PRIVATE ROAD NAME Road Name• SALEM COURT file too. Dickey Laxe Addition Post Office: Long Lake Fire Department: _Long Lake School District: Orono Location: (see attached map) Status: Existing Road (Former Name X New Road: completed X— under construction Public Street to be accepted X Private Road to be maintained and serv*--^.l by the property owners and/or homeowner's association. The City of Orono has no obligation or intention to acquire or open this road as a public street Addresses: 2015 Salem Court - Lot 7 Block 1 2020 Salem Court - Lot 1 Block 1 2055 Salem Court. - Lot 6 Block 1 2080 Salem Court - Lot 2 Block 1 2095 Salem Court - Lot 5 Block 1 2115 Salem Court - Lot 4 Block 1 2140 Salem Court - Lot 2 Block 1 Please change all records to the new names and numbers. Sincerely, Jeanne A. Maausth Zoning Administrator JAM:ps cc: Property Owners, Post Office, Fire Dept., School Dist., Or -o Police Dept., Orono City Depts., NSP (Excelsior), Minnegasco, N.W. Bell (Wayzata), Hennepin County Finance Department, Hennepin County Shetiffs R-tdio STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk of the City of Orono hereby certifies that attached hereto is a *rue and correct copy of the original Resolution passed by the City Council of the City of Orono on _ May 1U 19 82, approving Dickey Lake Addiaion on fide in t e e ice of the~City CTe-rk, City of Trono. +�lberta Strom, City Clerk 11 day of -- May - ---- • 19 82. 1RANSVLK �Vt gt ,x�,KtratN [I Jr 4'716-, .0 K-i 2,"-91 3 4' 6 s C05.UUio rFF,I.,-i...,v`. , MG r 26 AM 9: 11 .40P w r f-� DICKEY LAKE RON KRUEGER 81 ASSOCIATES, INC. LAND SLIRVEYOFS 01-0 -6. 3 ADDITION T t., "NTRY CLUTS ROAD ;F i% 0 Al kc, 0I 6 A6 Z 0 4� m Ar ----T— IWWA& W W A4,0 DICKEY LAK DRAINAGE AND UTILITr EASEME141", AW SHOWN THIS zw A I Fs&f PAPnq S TNI In WIdtP,.0nJ&9S OtherWiSe _im__ 990 Adecoled, and adlom,mg lot tmgll. and 10 f*c- -m .,don and ad�omiaq r4if of w" low as showe. 'n -%* plat t*00 MONUMENT SFT -46011141S SHOWN ARE ASSUMED S 112 SEC. 279 T• //8, R. 23 HIP��� 42 omi a MAID32 (31 its Milt JE..0 W, ADD..' A. IF Kim 9TATE LAKEVIEW j • LONGr t,., �. �, +s'•� !.� ..• a of • iZ It . ,j• ~ ��,r �tp a .N , � . ,� dr DEC / e fec a .s rs / • f � /�'(•Y ^_ • 2• lt� ZZ »� L' t0 ,rl �' Y yt• ~� ;�. ('�•r LONG `� •Y�`T (,st tHE � l� ,. ai 4 I/ �ff\ • a M (M � .S . �✓ y0 ,nl \ Atit 14 �i CP _tr 34,T;I8 A23 .iLow CITY OF ORONO PRIVATE ROADWAY REQUEST A. The subject of this request is: _ an existing private roadway. a proposed private roadway which Is to 1-c ,:rr:;ted as a condition of pending subdivision .jppruval. B. The owner(s) of. this Private Roadway tenet/or tall ab:i::ting property will be (are) the owner() of the following described property; C. The above owner(s) hereby rc-ciueSt that thiti PL-iV,Iit_ R,,adway be known by the t:ollewing n-tmc. Choice No. 1 Choice No. 2 Chcjice No. 3 (Li.;t three choice:; in order u_ p) efer,�nce. T17. ' City Council will approve a name provided no conflict c•x i s t s: wit`, c x i ,c t ing na- es or naming policy. If all namos have a conl'I ict, yo-i will be :raked to make new choices. The• name wi i I I-e ctseu for all mailing address and official identification. purposes.) D. The above owner(s) hereby rc•c}uest tht•. l;it.:y of C_'i[•vno to install the tollowing stanci.jrd stiect and c.raffic sis�ns ind .;aiu own<--r(s) hereby agree to reimburse the City for all :n,.tallation. (Such signing i!,. Le required as pcsrt of Agreement and/or ;ubdivision request.) standard city st.c(cr ;;<.emc si. n(:;) - nunie�r r•.eiirca=i / standard "STO?" sie,n;i) - :au:nk,er _ standard traffic The aioove (s) do ht- :.L, .:ecknr:wl.edj,,e t be ( feit a -c : z , tc n.-c. of laic ;la ivaie t uod, tjnu that the CI t v of Oronu his ,:c) .. ' i :,c i on ..o I.- , in', in v.- ,rs-vice sa id private ror+d, ;3od i}u,% the Ci ty of C-- -( ni) duets CtoL int%'i.kl Lo .zc.-'IU:r( Or —J i'o—; Asy a j,'lblic roadway. :iiglu+tun. ':.l of c f.;ee•r(s j : POPHAM. HAIK. SCHNOBRICH. KAUFMAN & DOTY. LTD. WASHINGTON OFFICE SUITE 802 2000 L STREET N W WASHINGTON. D C 20036 TELEPHONE AND TELECOPIER 202-887.5154 CliertA City of Crarc Fate ? f 4 T REMIT TO MINNEAPOLIS OFFICE 4344 IDS CENTER MINNEAPOLIS MINNESOTA 55402 TELEPHONE AND TELEr,OPIER 612.333-4800 For Crcfe sicnal services rendiredo inclucirSi Matters 47 Lane Use OpClicEllors Gicksy_6sri LIENVER OFFICE ;'fi6O PETRO LEWIS TOWER DENVER COLORADO SOM TEi E PHONE AND TELECOPIER 303 825.2660 *iy 2C. 1S32 d 04/Q1/i2 Conference sith Clson• Sveneser, mar Ec" rt re=:rJinr title protlesl sit,, plat. 04/04/`2 Feviav of Ci_key Like docul*ents. C4/12/d2 ;evies of Cickey Lake docusertss lecrl aescricticna discussior sill', J. Matusth rer,rrdirg le;,-1 jascric*ion. 04/14/:2 Discussion with attcrney Oarel Swenson& eisc,.!sicn milt, surveyor's officE regarding io;al cescriotior tn! nylira discussior alit J. MsCustt and of Clsor ra_)rc:n; ssw.e re;arding Cickey Lake. 04/2C/E2 reVlelk cf dccusertsi discussior vita attcrney aeosc^i discussior mitt J. Mabusth. resarlirs rickey Lake. lotzl Ncurss 1.9C Amount OLop Frofessicrsl Servicisi tWS=T90 04/01/cc Confererca eith Clsorr Matusth, o rtrrCscr ,%simin platy sesari road!• carkp stor+ j=tar I^c1CinS areas. 04/G51C2 Confererce eith ►+ayor. Clsonp Gerhardsonp M=tustr regarding russl►an Clato sewerp rosCs• ;.ark• flrancirg. (f4/G4/P2 Conference sith staff• developer anC hls engiraer ra;ardirg GeveIOCRlnt plan!• On si" :n,i aff sate improvements. RettCrs cf financinc for -,,jssl*=r. 04/1!/Ei Ciscussior, with Clscr reSardin^, ►'uStw6r. TotEl mewrsi 1.cC fp2.?: QRourt uL.ei irofesficr?l �erVlcosi '4t2',-,n TO: John R. Gerhardson FROM: Jeanne A. Mabu3th DATE: May 21, 1982 SUBJECT: Request to order stre-ot signs anti stop signs for Ringerswood Plat and Dickey Lake Addition A' Street Signs 1 - Dickey Lake Addition 01 street sign - SALEM COURT 2 - Ringerswood 02 street signs - DIC::EY LAKE DRIVE Al street signs - PINE RIDGE LANE B) Sto!4 Signs 1 - Dickey Lake Addition #1 stop sign 2 - Rig :1erswood #2 stop sign WAYNE G POPHAM RAYMOND A HAIK ROGER W. SCHNOBRICH DENVER KAUFMAN DAVID S. DOTY ROBERT A. MONISM ROLFE A. WORDEN G. MARC WHITEHEAU BRUCE f... WILLIS FRLUE.RICK S. RI„:HARDS G. ROBERT JOHNSON GARY R. MACOMBER ROBERT S. BURK FREDERICK C. BROWN THOMAS K. BERG BRUCE D. MALKERSON JAMES R, STEILEN JAMES B. LOCKHART ALL -EN W. HINDERAKER CLIFFORD M. GREENE POPHAM. HAIK, SCHNODRICH, KAUFMAN 6 DOTY. LTD. 4344 IDS CENTER MINNEAPOLIS. MINNESOTA 55402 TELEPHONE AMC) TELECOPIER 612-333 4600 D. WILLIAM KAUFMAN DESYL L. PETERSON MICHAEL O. FREEMAN THOMAS C. D*AOUILA LARRY D. ESPEL JANIE S. MAYERGN DAVID A. JONES SALLY A. JOHNSON LEE E. SHEEHY LESLIE O:LLETTE MICHAEL T. NILAN ROBERT C. MOILANEN DAVID J. EDOUIST CA THE PINE A. POLASK0 STEVC.N G HEOKENS JOHN P, WILCOX KATHLEEN M MINDER NP VCY J TURBAK JnHN C CHILDS THLRES: AMBRUSKO June 2, 1982 2660 PETPO-LEWIS TC.WER DENVER.COLORADO 00202 TELEPHONC AND T[L[COPICR 303 -B26-2660 SUITE 602-2000 L STREET N W WASHINGTON. D. C. 81036 TELEPHONE AND TELCCOPIER 202-087 SIS4 i O/COUNSEL FRED L. MORRISON Ms. Jeanne MaL— th City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Re: Dickey Lake Additil: Our File Number 364 Dear Jeanne: 47 Please be advised that the following documents for the Dickey Lake Addition were recorded in the office of the He pin County Recorder as of May 26, 1982: Resolution 1#1381 Mylar Plat Road and Utilities Easement Flowage Conservation Easement Declaration of Private Road Easement Document No. 471841E ')ocument No. 4718417 Document No. 4718418 Document No. 4718419 Document No. 4718420 There was a small problem encountered when the County Recorder could not find a date on the Private Road Easement. According to Mr. VanEeckhout's office, that document was to be dated Februiry 15, 1982. The County Recorder planed that date on the front of the document on pacle 1. POPHAM. HAIK. SCHNOORICH, KAUFMAN b DOTY, LTD. No. Jeanne Mabuath Page Two June 2, 1982 Once I receive the recorded original documents from the County I will forward them to you. Very f*uly yours, Na y E. Fusnik, Le al Assfistant NEH:rj cc: Mr. Darel r. Swenson MINNEAPOLIS WAYNE G POPHAM RAYMOND A HAIK ROGER W SC HNOBRICH DENVER KAUFMAN DAVID 9 DOTY RO BF11T A MONISM ROLFE A WORDEN G MARC WHITEHEAD BRUCE D WILLIS FREDERICK S RICHARDS G ROBERTJOHNSON GARYR MACOMBER POPHAM. HAIK, SCHNODRICH, KAUFMAN & DOTY, LTD. 47044 IDS CENTER MIf'NEArOLIS. MINNESOTA 33402 TFLFPHONE AND rELECOPIFR 612-333 4600 ROBERT 9 BUNK FREDERICK C BROWN THOMASM BERG BRUCE D MALKERSON LAMES R STEILEN JAMES8 LOCKHART ALIEN W HINDERAKER CLIFFORD M GREENF D WILLIAM KAUFMAN DESYL L PETERSON MICNAEL O FREEMAN THOMAS C D'AQUII.A LARRY D ESPEL JANIE $ MAYFRON UAVIO A JONFS SALLY A JOHNSON LRE F SHEFHM LA SUE GILLF f TE MICHAEI. T NILAN ROBERT C_ MOILANEN DAJID J EDQ'UIST CAIHER,NE A POLASKY STEVEN G HEIKENS h ATHLFEN M MINDER NANCY I FURBAK JOHN (C CHILDS THFRESF AMRRUSKO DOUGLASP SEATON Ms. Jeanne Mabusth City of Orono r0. Box66 ,..ystal Bay, Minnesota 55323 DENVER GARY E PARISH I MICNAEL MORGAN R DANIEL SCHEID WASHINGTON D C CHARLF.S M SEF41ER Ill JAMES DOIJGI AS WELCH MICHAEI K HAMMAKER JOHN P I:ONNOLLI' RFIU P F STIINTZ June 10, 1982 Re: Dickey Lake AdditieT. Our File Number 3643-047 Dear Jeanne: 2660 PETRO LEWIS TOWER DENVER. COLORADO 60202 TEl EPIIONE AND YELECOPIER 303 625 2660 SUITE 802 2000 L STRBET N W WASHINGTON. G. C 20036 rEl FP-404F AND TELECOPIER 202 987�5154 Enclosed please find the original, recorded documents for Dickey Lake Addition. The enclosed recorded documents are Resolution No. 1381, the Road and Utility Easement, the Flowage and Conservation Easement and Waiver of Damages and the Declaration of Private Road Easemen . We will retain copies of these documents in our file. Very truly yours, r4ancy E. iiusnik, Legal Assistant NEH:rj Enclosure cc: Mr. Darel F. Swenson r - . o f-,,, oil t "NVOICE Amoul lip 1• VAN EECKHOUT �� - . I --,( �t�t�t.1 i (f� BUILDING CORPORATION ----- " - V,5W wAYZATA BLVD. SUITE 1 : I = `' WAYZATA, MINN. SWII l�I Iil , PAY _ �U •' ._ OOia./1i�18 o, ti - 1`tC IYI�1 Mt UMZ + ,+'C�0)a 1-�rj NORTHWEST HOPK I NS, ho •t1t-•I)1.��. , ss 3' _ I _ - 'ICI. -:I •_:,,'`if. INESO .bfi3t� r - ��.• _ ..,��..+a�I-,•�f=� 11:0 9 1G0 i 6 X0141, ABra PA.... 611. 636.4600 August 30, 1982 City of Orono Box 66 Crystal Bay, Mn. 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139-626 Dear Jeanne, blrnw R ( w A. Y / Aeah 4 (_ d..rt, P / r Nr.r 1. /Inwr•I•u.,, Y / l h..ma, / ':...r, !• / N..Mrr N Rnvm P f Rr Aard N f, a.r•. Y / L.+rIN ( �.nlr•44. /' / Nn•w•r (. Sr AYANb !' / N•ndr.•,) .1 /.mM•r I' / Nwvw 1 1..r, u/u. /' I Rr. hard f I-- l' ! lh.eaLl ( RNrh•.tr. Y / /u.nr, . IN—, III /rH. i N..u•d,.rt, Y f SP I Y OF OR NJ•. 1 /fuman. P t led A f lid Y / Nn Aarr 1 Ramm.rnn, /' t than" ( AS ' I IA0..d f r.ra,n This letter provides a summary of our meeting on the Dicky Lake Addition, Fri- day, August 27, 1982. 1. Prior to any bituminous surfacing we would like to make an inspec- tion to insure proper gravel thickness and check the btreet grade. 2. Aprons should be placed on • - culverts. If you have any questions, pieaFe L .his office. Yours very truly, ONESTR00, ROSENE, ANDERLTK b ASSOCIArES, INC. i Glenn R. Cook GRC:li 1410b k 3TV of ORONO ) 1'ustl ( 1 ., a W-C, .sidi Bit,., Minnrputa _ • Mwmn ii,.,. , t „ ()if the -North tihurr u% Lakr ,'Nswivtorsk. September 9, 198.. Mr. C. Van F,eckhout Van Eeckhout Bu_lding r7c oration 120 South Brown. Road Long Lake, MN 55356 Dear t-auck: This letter is written to a(:vise you that the desdline date of your letter of credit, filed with the City of Orono, is October 5, 1982. Please advise me by September 15, 1982, if it is still your intention to pave Salem Court prior to October 5th. If it is not your intention to complete the paving this year, the City will require t!?.at you renew your letter of credit and submit it to the City by October 1, 1981. The City Engineer Glenn Cook, inspected the plat road, Salem. Court, and had the collowing recomrlendations: 1. Prior to any bituminous surfaci.nq the 'ity .gust_ inspect to insure proper gravel thickne:,s and .:hc ---x the street grade. 2. .Aprons should to placed on the culverts. Please contact this office if you have any questions. .jincerely, ,�.Q Jea-ne A. Mabusth Zoning Admini.str,iLor MI 11111%A1• /01\1\11 1' 4 , 4, , 0 IN %Ilse\ A 11\ %\1 1 0 1i e114 MuMA1, 1 C3TY of ORO NO V-1 I lift( e• Nix IA, 0 ( tl,t.0 Had Mtnnr.ul,i :,', i.: i0 Muni, i;,d1 ' IIfi„•. ()it Olt, .Furth Sli(,rc u( Lake Minnt,lonku September 22, 1982 Mr. C. VanEeckhout 120 South Brown Road Long Lake, MN 55356 Dear Chuck, I have not had a response to my letter of September 9, 1982, asking for your decision regarding the paving of Salem Court this fall. If it is not your intention to complete the paving by October 5, 1982, a new letter of credit must be received by the City no later than September 28, 1982. If we do not hear from you wy the specified date, the City will be forced to draw upon the irrevocable letter of credit, dated April 5, 1982, in order to complete the final road improvements. Please contact my office if you have any questions concerning the City's position. Sincerely, Jednne A. Mabusth Zoning Administrator NI 11 IN��. • /u�1�I. �' 1 +, • tIIt11�N1 K t I II1% a 1 t• t`( 1 4' I ISN • YI elN NlliiKt �'t' 1�v mmimsem ew~ MAIN OFFICE 1011 tat St So Hopkins MN 5F343 Phone 934 '4000 � VALLEY VIEW OFFICE 7101 Wash,ngton Ave �,o Edina MN '..,')43, Pnune t032 U900 October 5, 1982 IRREVOCABLE LETTER OF CREDIT 1182-131 City of Orono 1335 Brown Road South Orono, Minnesota Gentlemen: At the request of Van Eeckhout Building Corporation, we hereby authorize you to draw on us up to an aggregate of $9,000.00 by your sight draft presented no later than October 5, 1983. The draft under this Letter of Credit must be endorsed hereon and bear the clause "Drawn under Northwestern National BankWest Letter of Credit #82-131, dated October 5, 1983." The original of this letter of Credit must be returned with the draft. This Letter of Credit is issued as a guaranty to the City of Orono that Van Eeckhout Building Corporation will complete required road construction and bituminous paving in Dickey Lake Addition and in the event of failure of the developer to do so, then the City of Orono may draw against .his Letter of Credit. We hereby agree with you that said draft will be duly honored by us upon presentation to us at our house of banl-ing. This Letter of Credit may be released prior to its expiration upon compliance with such improvements and a copy of properly executed written notice of acceptance of said improvements by the City of Orono. • It is a condition of this letter of credit that it shall be deemed auto- matically extended without charge for siA months from the present or any future expiration date(s). We shall notify yot, in writing by certified mail that we elect not to consider this letter of credit renewed for an additional period. Sincs+ely, i y Assist t Vice Presl ient RVR cp ti U J t I r ASL R o s*f' � . c- D. No soil, sand, gravel or other substance or material 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 mare of the Land except uses, if any, which wi.,l 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 con- servation, fish and wildlife habitat cl-aracteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforcement 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 flowage easement and right 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 terms 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: mnrtwa of ro,nrA tQ�GiL�'••, a t�:tlp4sl 8apiL"+ All the provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN On this /S"day of �.4ti•-.�•_, 1fPy„ before me, a 4otary Public wit n and for aai ouWy and State, personally appeared C Ati��,�, �40or &9 r �,� _�} L1AjKfA:gIie.Wr known to me to be ison(s)described it and who executed the foregoing instrument, and acknowledged that they executed SLs�snt as their own free act and deed. •l. JCnVNt L. RI r__.. "•7 NOT ANY P,.ni„ .. ! ,1 t O"r tart/—�U� 1C------- -Y State Deed Tax Due Ii�-reExerrt This instrument was drafted by: PoPKhM, HAIR, SCHNoDRICH, KAUFMAN a DOTY, Ltd. 4144 IDS Center, Minneapolis, Minnesota 55402 �f.1,4, 315-9331 CITY OF ORONO 4718420 Document Form Sept. 1979 DECLARATION OF PRIVATE ROAD EASEMENT AND DECLARATION OF COVENAN'PS FOR R MAINTENANCE OF SAME SALEM COURT _ (Private Road Name)) Dickey Lake Addition _ (Subd vision Name) Dated thin 15th defy of February, 19'12 KNOW ALL MEN BY THESE PRESENTS: WHEREAS, C.E. Van Eeckhout and Sue L. Van Eeckhout (all fee owners) (hereinafter "the subdivider") is (are) the fee owner(s) of that certain parcel of real estate located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: _ (Subdi�is n Name) Dickey Lake Addition accot3inq to the plat of that name on file and of record in the office of the Coun:.y Recorder, in and for Her 1t►1 County; and WHEREAS, the Subdivider now desires to create a non-exclusive private road easement for driveway, ingress a-' egress, drainage and utility purposes over and across Outlot(i) utlot A ____ , Dickey Lake Addition _ _ _ _ (hereinafter "the private road") T§uud i vision Nan« , y for the mutual benefit -f !,(,*s 1,2,.,4,5,6, and 7, Block 1, Dickey Lake Addition (Subdivision Name NOW, THEREFORE, in addition to any easeine^l; created by any other Declaration of Covenants, conditions, Restrictions and Easements, the Subdivider does by this Declaration for himself (thee,--:ves) , his (their) heirs, successors and a!tsir;ns, hereby creates a non-exclusive (iseffler,t for driveway, ingress ftd e(aress, drainage and utility purt,,ses over and across the private road .i ctt•scribed above for the mutual Le ,ef it of -IF 4