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CITY OF ORONO, 9MWrA Conditional Use and Variance Applicalai' LOCATION OF PROPOSAL (or property) Address Legal Description -!:A 4- Ya APPLICANT /,w, n. .1 — r. it 4 C^., 1.0 /'C - None *j j #,Y73-fylk, Address z C,41 11.4 amm Na! —., "- AA. tf Phone 0 1,73- 4Y7 Address G 3 s t,i.Q '04 A Z4. Present Zoning Present Use 4 TYPE OF sr Conditional Use . Variance Wetlands Variance Riprap FOR OFFICIAL USE ONLY Council Action Date Approved Zoning Ordinance Section Relating to Request Denied Specify Ordinance Requirewnts -1A Z.-- Explain Request Palative to Rewirsov. ts Ca -1 %4A ;00 Extent of Ncn-con&rmity 4 .0011 04� Hardships to Property (Your reasons for requesting this Variance or Conditional Use p9ndt wsr(e 44 04 Vf MATERIAL NFXFSSARY FOR OONPLM. APPLICATION (Mist be submitted 1 week prior to Council Meeting) I. Application completed 4. Certified Property Owner's List of Z' , Pl&t Map Section owners within (300 ft.) (150 ft.) - k. Survey (Sketch in Proposal) from Hennepin County Registrar of Deeds 5. M. eO Fee Dote Signature J 4 -7 DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER • MI NNEAPO! I S , MN 55487 PROPERTY OWNERS LIST NAME i Al) )PESO, 1 i~ fit1�f1�D�i 10 LAO ` ,10 3,>> I DESCRIPTION PARCEL qG\ll qc I _I y �L)C 11 1\ I i LA DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 PROPERTY OWNERS LIST DESCRIPTION BLK. T ! PARCEL NAME A D[)rES� �L0T c .51 `cc I � l--T"1u/ Rt a Via* �1S Iypclv)1 'n \asl(' \.�1E�)i F'ti.JTCr C0�-- \C& 1 OQUL-)�-- ;.. OF J 1 NAME ADDRESS DEPARTMENT OF FINANCE A-603 GOVERNMENT CENTER MINNEAPOLIS, MN 55487 PROPERTY OWNERS LIST -T L.a,e. lr� Icn r71- \,_ v:i�% �cc. PARCEL CERT I F T CATF, OF MAILING STATE OF M I TES= COUN" OF HEMPr4 ss . CITY OF 0p aNO ) I, Henry F. �fuhich, Zoning Administrator of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public hearing concerning the request for a subdivision y_ John Hartwell (7-he Fam it Long -%a e) at 820 Fr —own Road North was mailed to the attached list of prop`rty owners on Nonmher 16 19-Z-1. In Witness Whereof I have hereunto set my hand and seal this 16th day of '�overi)cr , 19,E Henry F. Mahich, Zoning Administrator (Seal) O'SIANt"wisPAPERS AFFIDAVIT OF PUBLICATION 350 -2nd Street State of Minnesota County of Hennepin Excelsior Minnesota J R RITCHAY. being duly $war' , r. es!h says he is and Curing all 1�n, I fete stated has been the site president and printer of the oev%paper known sit Ths Lake Mintet;•nita Sun and has full knowledge of the feet* herein stated as follows ,l� Said newspeper Is printed In the EndlleF language in newspaper format and In c„lomn and sheet form equivalent in printed space to at least 900 square Inches Ili Said newspaper is a weekly and is distributed at least once every week 131 Said newspaper has 509E of its news columns devoted to news of local interest to the community which it purports to serve and does nt1 wholly duplicate any other publication and to not made up entirely of patents, plate matter and advertisements 141 Said newspaper to cvculeted in and near the murneWelittea which It purports to aarsr has at least 100 copies regularly delivered to paying subscribers. has an average of at least 73'; of Its total clrculau„n currently paid or no more than three months in •near, and has entry as second class matter in Its local post office 15, Said newspaper purports to serve Carver Count) and the Cities of Cxcelator. fleephaven Sherwood. Greenwood, Woodland, Mound Spring Park, Minnetonka Beach, Wa)aata. Lung Lake Orono. Plymouth and that portion of Minnetonka serstng School District No fua In the County of Hennepin and it has its known office of issue in the VIUsge of Excelsior in said county e*tsblished and open during its regular business lours for the gathering of nei sale of advertisements and sale of subscriptions and maintained b) the managing t,fherr of said newspaper or persons In Its ernplo) and subject to his directiur'i and control during all buts regular business hours and devoted exciubivel) during sucn business hours to the business of the newspaper and business related inereto i51 Said newspaper hies a copy of each issue immediatel) with the State Historical Society U Said newspaper is made eve,lahlt at single sir subsi,t,pti:,n prices to any person, corporal n partnership or other unincorporated association reqursnne file newspapet and making the appl:cabte payment ,9f Said newspapet has romphed will. ail forrgntne Conditions for at less- one year preceding the day at dates cf pubi., it menttar,ed below fat Said newspaper ha* filed wtih the Secretary tit Stare of Mlnnrsi,te I • I,. Januar) 1. 190 and each Januar) 1 thereaher an affidavit in the for, ; reect,brd bs it ,- •-1% „1 Starr and signed by the managing oHlcer ,d said newspapet and aw,tin t„ below-- . r. tri, public state•:l Mal the nwelli to a legal newspaper tflflx lei Pull* asisai t 171 (11" f1Rf1"t" MI\%FSIPFA V TV F IS uFRF IIN 1.1%F:Y not flit 1•niv I'tamingf,mmma•n tits i In n Mtm•e,ta a Ill h- M a 1'uh h, Item ing in IN I curx d r•hairfb rs nM,rday Del rmUrr' ittiiat :10 p m 141 the Mallet M flu .ubdnat• it appht alb n ,:1 The Farm at Lt nit Lake for property I,•fat, it at ale Rt" sun Ansd Minh and h gu1H dt - w ribrd as hdlnws PANCftL I That part ,.f flit ira(-fit nal Sheila art quarter tt Seelten 7S T, unship IIn Rang, 13 brgin. nalg at It ty uth first , rnrr , I a -I uarler s.•, tv n aild 11"'ro I running rust to ar,Ipr tan 1, ON re -I L, na Lake s, nanv d. theme nrrtt■ all, rly art ng Un st" P rl said laltr it Ilrr cast line i *rid „tlrr! intot n,,nhtn bald , 09 lim' h a µ,int ntualyd 12 0- 11 Iwtns ih,rwI Ili- s, dth hew f said se,twil thence %e'sl parallt 1 a lth lit isinu h line , f sad ,piantr set lit nh. the w•bf limy said q rtrr st,titn lhr rne Si•1dh 1&91 chains it the twV ,j heitimmg �tantaisint ° acres nrrr ,t k•ss PAW FL I That part , I till Snulhr'a-f tluart-r liectutn It ;gunship , Range 23 dratribed is I, I i, ;, , H Smiling at a pntal rn tic F as1 lint , I bald let tp n 13 *i t hams Yana, pet lbw S,urtip mat „•rncr iflereef thrnrr. Wtfi parallel wNh ale Shish Itar , ; sad Stefion 176.1 chains thin(-, Vrylh parallel to the fraat line ri said l I lane 13.01 eftelris. Merit, Nyilh :4 dt•greea Fait is sum no 'Mr Fast lint „j said Snwitirasl aria as brarnq Nrnh and ]rut)! • is ., l.haiie. lhela'e &.uth 6-1. m•ggrrtr'tts Ew 1r rh ol. 'lit" . rw It na ' , dr�e hafd FasI 06 : hatns a, 1 to IrAd Jae ui a &, 1a•n Itlratr lipt♦th 491 tYiafnt nv n , r "s 1, fin, Watt , • b, gin rung All in rim twis stung k d ratrd.ill at,la'at al lit's t1ni ri Ilnm, Rc ttrd-v , f ttr I9aaninS t'1•lnm ,- .r n IlF vHY t Lii hP 11 n,r* Admntatraa r ties. 16 S 21. t", , __LAKE ctiestfa c'f rear' n; He further stales on oath that the printed -- - hall to aitact,ed u a part hereof was cut ft,.nt We cuturtina of Said nr+a'sp- '! was printed c t i r-e c. f hear' ng He further states on oath that thr printed hereto attached as a part hereof was cut ftt,n, the columns of said newwap' Nt,d wes printed and published therein in the Lnglish language. uncr each week, for - successiv4 ^etk% Wed . lb 1 77 that it was first so published on ___. _._the- _ _.... do) of _.. ViednosdaW and was thereafter panted and published un even ._ _._ __ _.._.__ It, rno includlnt; we'd• Me._.__ _� 3 _. daY of !,Or.l9 77 and that the,the,tnitnvv+r•K t of liit i,:wri (,asq alphab•-t from A to Z. Wth inclusive, anti r htreh. aeknwwlq,agsd tht site and kind t)f type used in the composition and publ,tar:+:n Of +,6,t1 r,. tite ! w abrdefph,)►lmnupyr%Iut % Subat r ibed and sworn to heforr me thrt_.. 23 - CAr• kvit wi,$ t �: ' r . -All f r f*, ►>tVtivwwwm day ut '.nVt'1tl�N'r li�? File Me. Affidovit of Publication In she Matte► Of ► 517 CIT1' �F ()RQ;n, `!1:;:; :YTi 1 :ir' ia: IS 1L:R1. 'Y GRIN that the Orono Planning Com, ission, City of 'Trono, 'dvuiesota, will hol: a 1'uhlic hearing in the Council Climbers on Ion(by, December 5, 077 a:. 7:3() non. on the matter of the sub.liyision application of The Parr► at Long Lake for property hated at 820 i,rown 'toad :north and legally described as follows: P;ir.("I 1. That part of the fractional Sou.ttbeast quarter')f `'ection 27, Township 118, !',ang;e 23 beginning*, at the `'.ot►tht.lest corner of said quarter section and thence mmning east on section line to shore of Long Lake, so na.-itci; thence northeasterly alon;; the shore of said lake to the east line of ;aid section; tierce north on said east line to a pointsituate,! chains north of the south line of said section; t!ience west parallel with the south line of said quarter section to the west line of said quarter section; thence Soutl: 13.14 chains to the place of berinning containing 55 acres more or less. P?1RO:1. 2 That part of the Southeast hiarter, Section 27, :ournshin US, Range 23, described as follais: Regirming+ at a point on the East line of said Section 13.94 chains 'north of the Southeast corner thereof; thence Fest parallel with the Scxith line of said Section 17.85 chains; thence `north parallel to Cie fast line of said Section 1.3.0chains; thence south 59 degrees East (assuming tine East line of said Southeast quarter as hearing; North and Smith) 1MS chains; thence South 64 1/2 degree Last 5.08 chains; thence North 88 1/2 degmos fast 4.16 chains to the Last line of said Sectim. thence `'south S.91 chains more or lees to the ;►lace of beginning;. 111 persons wishing to he heard will appear at this time. City of Iron ity: Inler nf the Planning Corrission l kniry 1. ' bhich Zoning Vtninistratnr /Dated! ;n%v )er ill, I I'!- PRELIMINARY SOIL AND SITE EVALUATION OF TER: PROPOSED VICTOR ROTFRING ADDITION IN THE CITY OF OROW) 4/ it� .0 ( 3l 7 J,t - J... 19 7 7 by Patrick N. Kennedy and .James L. Werson I . INTRODOCTION This is a preliminary soil and site evaluation of the proposed Victor Rotering Addition in the City of Orono. A detailed soils map for the area of proposed development is provided with this report. This map is based on information contained in "Soil Survey of Hennepin County" and "Landscapes of Hennepin County" as well as 197S aerial photographs of the area. Each of the soils mapped within the proposed develolxnent area is briefly described. Favorable and unfavorable development characteristics are discussed. Explanations of the soil wap symbols and colors are pre- sented in Sections II and III. This is a preliminary soils evaluation and additional engineering! tests should be conducted before construction is bell. The potential of the soils found within the proposed development area for on -site treatment of septic tank effluent is discussed. Control of possible runoff and erosion during construction is discussed. I I . HCRV TO USE. THE SOIL. MAY To use the soil map one needs to know what the symbols mean. The soil symbol consists of three parts arranged as follows: HbB2 = lib x (Soil) (Slope) (Fro sion) The first two letters denote the soil type; the last letter is the slope of the land in percent, and the ahsence or presence of a number indicates the degree of erosion. Slope Legend A - 0 to 2 percent 8 - 2 to 6 percent C - 6 to 12 percent D - 12 to 18 percent E - 18 to 35 percent III. SOIL T NTES PRFSENI' 1:rosion legend No Symbol - 0 to 1/3 topsoil lost. 2 - 1/3 to 2/3 topsoil lost. 3 - More than 1/3 topsoil lost. The soil types found in this area were classified according to the "Soil Survey Report of Hennepin County", and the standards of the !National Co- operative Soil Survey. Soil ty-Pes present are: Cordova silty clay loam Hayden loam Ilundas silt loam Hayden clay Ioar: Glencoe silty clay loam licyder Sande lom,.; flamle loam Lester iozwi Marsh Page Light Blue 11 Light Blue O Medium Blue ?1 brief description rf each soil is provided. Ntap symbols and colors are provided to facilitat^ locating=, the soil tv'pes on the detaileJ soil map provided with this report. Cordova silty clay loam: The map symbol for this soil is Co and the map color is light blue. This is a deop, poorly drained soil that formed ;n loam glacial till. There are stones and boulders, mainly near the surface. The native vegetation was mixed hardwood forest. The soil is nearly level occupying areas on flats and in shallow drainageways. There is a seasonal watertable at a 1 to 3 foot depth during wet periods of the year. Soil strength is adequate for residential development. The soil is sticky and difficult to work when wet. There is a high potential for frost action. The soil is moderately to slowly permeable. Shrink -swell (volume chaiLge) is moderate to high with changes in moisture content. Dundas silt loam: The map symbol for this soil is Du and the map color is light blue. This is a deep, poorly drained soil. The soil formed in calcareous loamy till. There are stones and boulders in this soil mainly near the surface. The native veg- etation was mixed hardwood forest and a grass understory. This is a nearly level soil occupying; areas on flats and in shallow drainagteways. The 1 el slope requires little grading. There is a seasonal watertable at a 1 to 3 foot depth for extended periods. Soil strength is adequate for residential develop- ment. The soil is sticky and difficult to work when wet. There is a high potential for frost action. Shrink -swell (volume change) is moderate with changes in moisture content. The soil is i nderately to slowly permeable. Glencoe silty clay loam: The map symbol for this soil is Cc and the map color is medium blue. This is a deep, very poorly drained sail. The soil was formed in loamy colluvium over calcareous loamy till. The soil is nearly level occupying depressions and drainag;eways. The native vegetation wac dominantly sedges and wetsite grasses. Durinc wet periods of the year the watertable is within 1 foot of the surface and ponding; may occur. T}ie high organic matter content in the upper soil hori:ens means the soil has low bearint! values. I a high potential for frost action. Page -3- Mediiun Hamel loam: Blue The map symbol for this soil is Ha and the map color is medium blue. This is a deep, poorly drained soil that form(. -(I in loamy colluvium ove, my loatill. The soil occurs in short, narrow drainageways on foot slopes and in long winding drainageways between icno . and hills. The native veget.=tion was mainly sedges, grasses and scatLcr poplar trees. During wet periods of the year there is a perched watertable within 1 foot of the surface and ponding may occur. The high organic matter content in the upper soil horizons means the soil has low bearing values. There is a high potential for frost action. iiavden loam: This is a deep, well -drained soil that formed in loamy glacial till and occurs on gently sloping to very steep slopes on knolls and hillsides. The soil was strongly influenced by a forest environment in its develop- ment. The natural vegetation was mixed hardwood forest. Shale and lime- stone fragments as well as granitic cobbles and boulders are common through- out. Several slope phases are mapped in Hennepin County. Each slope phase mapped in the area of proposed development is discussed separately. "led..11ur, giayden loam - 6 to 12 percent slope: �;recn f— -1 The map symbol for this soil is HbC and the map color is medium gr^en. U This is a rolling soil occupying irregularly shaped areas on hillsides and knolls. This soil is well -drained and therefore never saturated although sidehill seepage is not uncommon around bas-nent walls during rainy seasons or spring thaws. The rolling slopes offer attractive building sites. Soil strength is adequate. Shrink -swell (volume change) is low to moderate with changes in moisture content. The soil is mod- erately permeable. Frosion is a hazard if the soil is '^ft exposed for extended periods. N1rk Havden loam 12 to 18 Percent slope: Green MMe map symbol for this soil is IN) and the map color is dArl, Vreen. This is a hilly soil occupying, irrein,larly shaped areas on hi' sides and knolls. This is a well -drained soil which never becom s _.aturated, however seeps may appear on sidehills durins spring thaws or rain seasons. There is a large erosion hazard if this soil is left ex;,osed. Site planning on soils such as this is more complex if the natural features of the terrain are to he maintained. Soil strength is adequate. Shrink -swell (volume chani,e) is lend to moderate with changeti in moisture content. The sail is noder:,tely permeable. Page -4- Brown Hayden and Lester loans - 4 to 35 percent slope: The map symbol for this soil is HdF and the mar color is brown. This is a very steep soil occupying areas on hillsides, on sides of deep ravines, and on slopes adjacent to lakes and wetlands. The steepness of this soil is a severe constraint to most urban development if the natural landforms are to be maintained. There is a very severe erosion hazard if this soil is left exposed. Soil strength is adequate. Shrink -swell (volume change) is low to moderate with changes in moisture content. The soil is mod- erately permeable. Hayden clay loam: This soil has the same characteristics as the Hayden loam. The difference between the two soils is that between 1/3 to 2/3 of the topsoil has been lost from the Hayden clay loam. There are several slope phases of this soil mapped in Hennepin County. Each slope phase mapped within the area of proposed development will be discussed separately. Mediwn Hayden clay loam - 6 to 12 percent slope, eroded: Green F �The map symbol for this soil is HcC2 and the map color is medium green. This is a rolling silil occupying irregularly shaped areas on knolls and hillsides. Because this soil is eroded the surface laver is clay loam. The rolling slopes offer attractive building sites. The soil is well - drained and therefore never saturated. Sidehill seepage is not uncommon however, around basement walls during rainy seasons or spring thaws. Soil strength is adequate for residential development. Shrink -swell (volume change) is moderate with changes in moisture content. The soil is mod- erately permeable. Erosion is a hazard when the land is graded and left exposed for extended perio-is. Hevder sandv loam: This is a deep, well -drained Soil that forme in loamy glacial till. The underlying material is calcareous loam. The soil occurs on knolls and hills. The native vegetation was mixed hardwood forest. Several slope phases of this soil are mapped in Hennepin County. Each slope phase mapped in th- area of proposed development will be discussed sep- arately. Pai;e -5- ,-tedium Hevder sandy loam__- 2 to 6 percenL slope: Green The map symbol for this soil is HeB and the map color is medium green. This is a gently sloping soil occupying irregularly shaped areas on knolls and hillsides. This soil is well drained and therefore never saturated. The rolling slopes offer attractive building sites. The soil has adequate soil strength. Erosion is a hazard on this soil if this soil is left exposed. The soil is moderately permeable. Shrink -swell (volume change) is low to moderate with changes in moisture content. Med itrn Heyder sandy loam - 6 to 12 percent slope: Green (—`-) The map symbol for this soil is HeC and the map color is medi,.n green. U This is a rolling soil occupying irregularly shaped areas on hillsides and knolls. This soil is well -drained and therefore never saturated. The rolling slopes offer attractive building sites. The soil has adequate soil strength. Erosion is a hazard on this soil if this soil is left exposed. The soil is moderately permeable. Shrink -swell (volume change) is low to moderate with changes in moixture content. I.ecrer loam: This is a deep, well -drained, loamy soil that for..ted in calcareous till. The soil occurs on glacial uplands in convex areas of irregular hills and knolls. There are stones and boulders near the surface. The original veg- etation was mixed hardwoods. Several slope pt.ases are mapped in Hennepin County. Each slope phase mapped in the area of propose': development is dis- cussed separately. "tedium Lester loam ` 2 to 6 percent slope: Green The map symbol for this soil is LrB and the map color is medium green. This is a gently undulating soil occupying areas on knolls and hilltops. The soil is well -drained and therefore never saturated. Hou.Qver, sidehill seep- age is not an uncommon occurrence around basement walls i'.iring wet seasons. Soil strength is adequate for residential development. rolling slopes over attractive building sites. Shrink -swell (volume ch:,-sE,e) is low to mod- erate with changes in moisture content. The soil is moderately permeable. Erosion is a hazard if this soil is left exposed for extended periods. Pace -6- Medium Lester loam - 6 to 12 percent slope: Green The map symbol for this soil is LrC and the map color is :,odium green. This is a rolling soil occupying areas on hillsides and knolls. The 70 1 is well - drained and therefore never saturated. However, sidehill seepage is not an uncommon occurrence around basement walls during wet seasons. The rolling slopes and views offer attractive building; sites. Shrink -swell (volume change) is low to moderate with changes in moisture content. The soil is moderately permeable. Erosion is a hazard if this soil is left exposed for extended periods. Dark Marsh: B! The map symbol for this soil is Ma and the map color is dark blue. Ti:c upper S to 10 feet of the marsh is peaty muck or muck. This covers other layers formed in what was formerly a glacial lake. The watertable is near or above the surface the entire year. These soils have very lotiti bearing capacity. The development characteristics of these soils are generally unfavorable. These areas are best used for natural water stor- age and as scenic open space :areas of developiments. I1'. POTEN71AL OF SOILS FOR ON -SITE TREATMEN7 OF SEPTIC TNA EFFLtgXr Within the area of proposed development the soils with the most ncten- tial for on -site treatment of septic tank effluent are the Hayden, Heyder and Lester soils with slopes between 2 to 12 percent. These areas are colored medium green on the accompanying soils overlay. The areas of Glencoe and llamel soils as well as Marsh areas are not suitable for the installation of any soil absorption system. These soils are colored medium and dark blue on the soils overlay. Cordova and Dundas soils colored light blue may be suitable for install- ation of a mound system, but they should be avoided if possible. The Hayden and Lester loam areas with steep slopes colored brown should be left undisturbed. Installing a soil absorption system on such steep slopes would be very difficult. The type of system which will probably ftmctiort best on the Hayden, Heyder and Lester soils is a shallow trench system. In this type of system the trenches are no more than 12 inches deep. This allows the system to utilize the more permeable portion of those soils and insures that a 3 foot separation is maintained between the tx)ttom of the seepage trenches and any seasonal groundwater. 1. hT.'TUN) WAS CLk5SIFILD A5 PtIBLIC h'.1TER.S The wet IMid area adjacent to Long I.Ae will he classified as 1'uhlic Watt.-s '► by the Minnesota elvirtment of tiaturA Resour,es. Any alteration of the Pace -? - existing character of the wetland will require a permit from U..R in addition to any restrictions required by the City of Urono. The area of Glencoe silty clay loam soil in the Northeast corner of the proposed development area does not represent a significant wetland although this particular soil type occurs in many wetland areas. In this particular case the soil is occurring in a wet drainage swale between areas of well to moderately well -drained soils. VI. RUNOFF AND EROSION CONTROL. With development taking place on 2 acre lots or larger erosion and run- off should probably not be much of a problem. There are some potential problem areas on this particular piece of pro- perty. The steep slope areas indicated in brown on the soils overlay could become a problem if runoff from adjacent house roofs and drive- ways is allowed to concentrate in one area. During and after construc- tion this water should be directed away from the steep slope areas if possible. Another hazard is an erosion problem if the vegetation were removed from the steep slope area. During construction these areas should be left undisturbed. 'releph, me 4 73 , V17 Poet Office Rox 660Crystal Ray. Minneaita 553ZI * Muniripal Offices On the North .Shore of Lake Minnetonka .pine 1, 11)77 "tr. . Jim Anderson Hennepin Soil and Hater Conservation District 250 N. Central Avenue Wayzata, Rtinnesota 55391 Dear Jim: Mr. Vic Rotering of David C. Bell Realtors informed me he recently had some discussion with you regarding the possibility of subdividing and develoning a two Parcel, 40 acre tract of land in Orono. This Property is located in the S Section 27, Townshin 118, Range 23. it is south of County Road 6, east of the Long Lake Country Club Addition and north of Long Lake (the body of water) - Plat 41327, Parcels 3000 and 60M . Copies of the plat map and aerials of this area are enclosed. This area is not sewered so it is zoned for 2 acre lots to support on -site s^ptic systems for residences. Parts of this tract are designated as marshland. Other areas might be question- able, but I have no data on the conditions of the soil. (Would you please conduct the necessary studies and provide me with a soils map and report on this area? Before proceeding, let me know if there mi_;ht he any cluirge for these services. If you have any questions, please feel free to give me a call. Sincerer•, ! fenny 1'. fich I oning Administrator ! IP 1: he Lnc 1 cis ures t `� 4--K f yl�' "1 -' `► ��'1 "i► , t y is • �I • \'V a{ � (' '�.R IL. � _ 1 .. .. • t. \ it 1 4 t - �- M �' � i� xf lk � � tr 1 _ � 'ter. ♦ '� �� �, : �. lsi �j'�'.S 1,,�� i' •� tr��a .` w ` �`^..s_, �r _ :; '. •• ' _ +.` ^jam., _ \. +.4'i�1�`.� A AP elf blow k : ` .V t L "Go , �o f COUNTRY a . W�`�, .,`. •� � •r,••y • n, 11 I�t ie TION a� 8 • �'� R. L. S. • `• ..•�• ! 4 O o rt 00 INC NO.926 ! • s • � o (rro•�l �a N� AZ* 4PD • COL/NrY SUP✓E Y.�O Hi lme mm coa-vrrA*nm i IJi� Cell<<111f Avd ccT,ci tic�rr�rl trrt r 11111i I;) t , lit snit between N, JOHN M. ILARTI&LL, a] so known as JOHM01,,ty (lA�;'+';ti;a.L, and LU(.- BELI. IiLTWI?LL, husband and wife (Hereinafter sometimes caller: "Seller! "), txrrt ices of the first part, and THE M01 AT LONG LAKE, a "Iiinnesota partnersilip (hereinafter sometimes called "Buyer") part y of the sernr7d part, Wihieggclt], That the said part ies of thr Jrst part in, ronsidt-rotinn of the em-c•nant,s and ,,erree- ntcnIs of said part y of the second part, her-eina ftrr ronfained, herrbJ srll frail ctCrce to ronvey veto actin party of the rtceond part, its heirs,/s"c nc���itrti�C ry:a, by a Warranty I)rrrl, acrornpanicd by ar. abstract rt.•itlencins Left title, in part les of the first part at the. dale hereof, or. I►tl nn olvner's tlaplic:ate cerliorate of title, upon thr, pronipt and frill. IN•rforrn,rnee by said Part y of the second part, of its part of this allrer'rnent, the tr•arl.s of land, lrrirrr; crncl being ire the Courety of Hennepin and Stair of .1finrirsola, describethvxxf%Uvwxx/wr J-x on Exhibit A attached hereto, and made a part hereof. Said property is sometimes hereinafter referred to as the "Subject Property". This conveyance is made, and the Warranty Deed to be delivered pursuant hereto shall 'lie made, subject to l ens, mortgages and easements of record, as of the date. of `s Contract for Dct-,,, if any, and questionq of survey, if any. This Contract for Deed includes the additions, tertas, conditions and provisions set forth on Exhibit B attached hereto and made: a part hereof. tiq►-I Jlart..V.- 411 the becond I'.lrt IITN •r Cti: ItS :I n.l di,r►'e 8 a, Pill'. Ir+ IU'f' 11. Ve)laity etlrrf.e> ll`rl(l •, st�c�a `1ta`1 n� fie ln�:ti1l{ t�tetits Ot all taae. dice *4XWKAXWX in the%ytar 1`L 7•-, an III lrul,sryucnt )c:u., end :'I�.Nr►.1. a��r,.+ncnts I+trct,+f re ur here+it�r le%IVO. _ ......... ala• that any huildln,;: and imhrosrnlents note •m s.lilt l.trid, r 1 whl, h sliali hereafter be c: tcu u, Island, of made tilerer►n, shall wit be remove-1 therefrom, lint thali be auu rem.Am t1+r ►. ;::.t> %,f 111C I,arijQ& r:f the tint part until tl►i< e,tn- tract shall he fully performed by the part.lt.. . --- of the see:•nd I)A't, anti at..... . .A.Ls.. . .L•Iln tx;rns to keep the d ings on said prtrnises at a'' times insured in sane rchsble insur.+nfs cowitang or cunlharllcs, to be appruml e part ie.a of the firs; par-i against loss by fire for at least the sum uf. f u1 L insurable Value � � _ : U.►liar, and al.ainst lap imtst.•lnt for at least the 511111 A full ia! iOrable Valito 1 ►+riL• 1•asalric Ire rani part.i.eft of thr f.1.t part, LheIn cf..lS I•r r�1,:1.s, and. In vase tit Ills%, alu+uld titrre lit Any tcur- plur trset and al►ovc the untl+llnt lltel, paltJet; I f the w,t part..... Lfaeirl,clrs, tie acsil;nr, the Malaise! Rhall Ile paid Ovrr if, thr said lnirt ion ..f li+r kc-111.1 Malt as _ L110it: Imcic'( sl+sli app If, :uul tie tic-t►u.it lvith the part ice ' of the fit 'At Jim p�+ln+t-s of -:1140 instil:u.%e Itut Stwuld Ills %c(o -1 fart y 1a11 It: I -ay ally item to he paid by said Ir-ir1 y .-• untie r the Lrnrt, fill Il•vl, +aisle 111.4y 10e I•Aid bV first pal I- i ,I•ti nllail i.r flat'. ttll p..y- ahle, ,with interest theroun, as an add`tiollA ail"belt disc fir€t i-ir• ty . . t•nrlrr li.+s cuntracl But should default be made in the payment of p!tt►copai or ►nter(6t ►lac witi.miti. dtr Ut any I+ait then .0j, It- . , ) second part►...._. paid, yr 010111d...........it................ fail to pay the taxes Or as:cs.arnents upon said land ,prenliurns up"ll !.-lid in-,urance, or to perform any or -either of the covenants, agreements, terms or conditions herein contained, to lie toy Said second part-.,y—... kept or performed, the said pardes.... of the first part tray, at .......... their....option, by written n<.tice declare thiot contract cancelled and terminated, and all rights, title and interest acquired thereunder by raid ccond party.......... shall thereupon cease and terminate, and all improvements made upon the premises, and all payments made hereunder shall belong to said partes..... of the first part as liquidated daniages for breach of this contract by said se, and par•.y......., said notice to be in accordance with the statute in such case made a -it; provided. Neither the extension of the time of payment of any sum or sunis of money to he paid hereunder. nor any waiver by the part �Es . of the first parties s ..rights to declare this contract forfeited toy reason of a•-y breach/ thereof, � hall in ........... any manner afTect the right of saic' parties.... to cancel this contract Lcc.iuse of flefa"':, aul .• i "',' ;::ring, and no extension of time shall be valid unless evidenced by duly signed instr• .,, ;'ur:tur, after service of not -e and t iilnre to rrmose, witl►in the period all-m-d by law, the default there goLinedi, said Marty........ of the secrnul part llcicby spee.ifi. A.Iv nvrer e..., upon demand of zai,l vaitles of the t,, it part, quietly and pea,:cahiy to surrender to...........Liiem..... .pusses- tion of •sid nrerrkrs an.t r ci.. part thereof, it being understood that until such default, said party ........ of the second Mar t ............—is ......... to have positession of said premises. 31t lS Sillilimilp Agrea, By anil N.1ween the parties hereto, that the tine of payment .shall. L,• era rctenffal purl of this contract; and that all the rorettants a?td a6reenients herein eontained shall rein, trith. 'lie brad and hind the heirx, executors, adr•ninistrators, surcessors and a.sslens of the respective parties It a re to. 31it Zemiitlont, MI)crCOi. The ji artiee hereto have hereunto set their hands the clay and year first above icrittem a fa � JOIN MO�."�tY—lia1�TWEi.1 • , 1 LL'CY ULL MKT14ELL SELLERS" -- 4 E 00 a : 'John Hartwell , fts Partner Mate of .0hune5ota, x, .' �� ( .►J'%1 �X John /`t. Har well, its Partner And Timotijy Adams, Its Partner County of lienneP.i�........ _ ...... ... "8�1YF:Rt. The jorelloiffe laxtrunient u•ax r,fr this day o/ Part of Ins' a' , ., ►r STATE OF MINNESOTA) ! ) SS. COUNTY OF IIENNF•PIN) ,19 77 hat John M. Hartwell, a/k/a/ John Mowry lartwell 4N %%it OF Pt R%1,V I t1.•1 i and ucy %ell 11arLwel1"X � i (nis \ Instrument "I,-,_ A The fore`oinE instrument was ac:knowl ed,;ed before me this. , day of 1977, by John M. liertwell and Timothy Adams, partners un behalf of THR )ARM AT LONE; LAKE, a partnership. f �.♦ ■�ti•.1NWWL^JtM� �V'1MNWWIJ� .•M": JVSI 0 I � � V M 13 •. � c =: r ILI j 1 w 1 + r or EXHIBIT A TO CONTRACT FOR DEED BETWEEN Joiiti :I. HARTWE:LL A/K/A JOHN MOWit'i I ARTWELL AND LUCY BELT. HARTWELL, HUSBAND AND WIFE ("SELLERS"), AND THE FARM AT LONG LAKE, A PARTNERSHIP ("BUYER") . Parcel 1• That part of the fractional Southeast quarter f Section 27, Town! -.hip 118, Range 23 beginning at the Southwest corner of said quarter section and thence running east on section line to shore of Lone; lake, so named; thence northeasterly along the shore of said lake to the east line of said section; thence north on said east line to a point situated 13.94 chains north of the south line of said section; thence west parallel with the south line of said quarter section to the west line of said quarter section; thence South 13.94 chains to place of beginning contain- ing 55 acres more or less. •.- Parcel 2: rWi • - That part of the Southeast Quarter, Sectiun 27, Township 118, Range 23 described as follow,: Beginning at a point on the East line +f !-'-kid Section 13.94 chains North of the Southeast corner thereof; thern•e West parallel with the South line of said Section 17.t.5 chains; thence North parallel to the East line of said Section 13.07 chains; thence South 59 degrees East (assuming the East line of said Southeast quarter as bearing North and South) 10.75 chains; thence South 64 1/2 degrees Fast 5.03 chains; thence North 88 1/2 degrees Fast 4.06 chains to the East line of sa,d Section; thence South 5.91 chains more or less to they place of beginning. NOTE: said land is registered property as evidenced by Certificate of Title No. 472405. Trlephunr 473 7:157 Inxt (Itfice Brix fit) rvstal tSay, Minne-seta 5.`023•Municipal (Nfices On the North Shure of Lake 3"tnnctonka September 9, 1977 Mr. Jim Anderson Iiennepin County Soil & 1':at('r Consen-ation District 250 N. Central Wayzata, Minnesota "391 Dear Jim: I'm enclosing a copy of the soils map you recently pre:itrrd for !,)c for t',e Vie Rotering sul)divi lion proposal. Tim Adar2s who resides on part of this property located at 82n ':orrth s'rown "oad is considering purchasing considerably more area rind develonin), same, Be fore directing him with his subdivision proposal, I would like a %oils rop and report on the entire area he is considering. The new area will include the enclosed soils man which you prepared earlier. The total new area will c(Rtsist of the enclosed map and all of narcels 3W)0, 550"1 and 6000, Plat 41327. Thanks a •ain for the services you have Ix -en providing for the cormMity. If you have any questions, please don't hesitate to give me a call. Sincerely, Henry F. Aluhich ib�l Zoning Administrator 11Ri: hP Enclosure P.S. -lust received wiother. I'm enclosing a copy of the Plat. Ilea-,e -end me a soils span and report on this cite also. Tic a1 ress is 2001 h'aterto%41 in Orono. ;hank% aFa in. ('ITY of (1itONO ORONO MINNESOTA P O CRYSTAL BAY, MINN 55323 L7 CASr4 ❑CHECK UEPi _ 1OR'ACCT ` FA►M / REMARM TIMOTHY ADAMS NLANNIN[, AND UEVELOPMEN N" 4347 s 7 --) CITY OF ORONO FCFM 1. APPLICATION FOR SKETCH PLAT#'P OVAL (To be filed in duplicate by applicant) Date _ September 20, 1977 1. Name of Subdivision The Farm at Long Lae __. k_ _ Office 2. Name of Applicant The Farm at Long Lake Phone 473-8478 Home Address 820 Brown Road North, Long Lake, Minnesota 55356 _ (Street No. and Name) (Post Office) (State) (Zip) 3. Name of Local Agent_—_ T imothY_Adams , Partner Address_ 820 Brown R. ad Northz Long lake, Minnesota 55356 (Street No, and Name) !(Post Office) (State) (Zip Code) 789-2491 Office 4. Owner of Record John M. Hartwell -_- — Phone__ a:§414 Horne Address 639 Bushaway Road Wayzata, Minnesota 55391 z--- - (Street No. and t7ame) Post Office) (State) (Zip Code) 5. Engineer_ Bruce R. Kelley: _Clark Engineering Phone 374i4740 Address 2815 Wayzata Blvd, Minneapolis. Minnesota 55405_ (Street No. and Name) (Post Office) (State) (Zip Code) 6. Land Surveyor Bruce R. Kelley — Phone 374-4740 Address_ 2815 Wayzata Blvd, Minneapolis, Minnesota _55405_ _ (Street No-. . and Name) (Post Office) (State) (Zip Code) 7. Attorney_ Stephen Pflaum Phone 339- 1200 Address Leonard Street S Deinard, Minneapolis, Minnesota 55402 (Street tio. and Name) (Post Office) (State) (Zip Code) S. Subdivision Location: on the east side of _Brown Road --- (street) feet South of _ County koad u6- `--�— (direction) (street) 9. Postal Delivery Area Long Lake — School District 278 10. Total Acreage 68 (+_�')_ Zone _R _ itber of Lots 22 — Fee Required at S _ , �per Lore 11. Tax Map Designation: Plat 4.1327 Parcel(s) -IM -5300; and 6000 12. Is any open space being offered as part of this subdivi- sion application? To be determined If so, what amount? _ 13. Has the City previously granted any variance, exception, or special permit concerning this property? City has allowed If so, list Case No. and Nameboarding of horses on property. 14. Is any variance from the Subdivision Regulations requested? _ To be determined If 15. Proposed Classification of Subdivision _7 (major or minor) 16. Does the application involve a flexible zoning applica- tion? No If so, describe 17. Attach seven (7) copies of Sketch Plat. The applicant hereby consents to the provisions of S_ 7?_ of the subdivision regulations providing that the decision of the City Council shall be made within sixty (60) days after the close of the public hearing on final plat approval. List all contiguous holdings in the same ownership (as defined in the Subdivision Regulations). Section None Lot ( s ) Attached hereto is an affidavit of ownership indicating the dates the respective holdings of land were acquired, together with the book and page of the conveyance into the present owner as recorded in the Hennepin County Recorder's Office. This affidavit shall indicate the owner of the property, the contract owner of the property, and the date of contract of sale was executed. A copy of the contract for deed shall be attached to the affidavit. IN THE EVENT OF CORPORATE OWNERSHIP: A list of all directors, officers, and stockholders of the corporation owning more than five percent (5%) of any class of stock must be attached. STATE OF MINNESOTA ) ss. COUNTY OF ) I, _ uvc•�� �vs hereby depose and say that all of thove statements and the statements contained in the papers submitted herewith are true. i (Mailing Address - Str.,et)w J , / (c (State) -(Zip Code) Subscribed and sw rn to before me this day of 191, i L - - - -- -- hlotaryc ubl is My Commission Exilires: - MANJCRIf L. VICKERY iIOTARr PUBLIC - WWSOTA MENHf P!tt'70 0.TY ■ 1Y: J' NYVW ■ THE FARM T LONG LAKE In the early 1870's, an employee of the Great Northern Railroad built a summer home on the northwest corner of Long Lake. This res;'jence, located on approximately 70 acres of rolling, wooded farmland in what is now the Village of Orono, was purchased in the 1930's by the Hartweil fam;;y. Over the years, the Hartwell's enjoyed many summers on "The Farm" while over- seeing a small dairy operation year round. In 1970, John Hartwell and Tim Adams undertook to winterize the original homestead and establish a facility for boarding horses - steps wh'ch led to year round enjoyment of "The Farms" environment by more and more people. In 1977, Hartwell and Adams formed a Partnership to preserve and further develop this unique environment for up to 20 additional families interested in building a home at "The Farm." "The Farm" is blessed with natural amenities - including fro;-tage on Long Lake, natural wetlands, two creek beds providing natural drainage, several distinct wooded areas (including "sugar bush" of Maple trees over- looking the lake), and rolling pastures c Have, over the years, provided feed for "The Farm's" animals and open space for children of all ages. We think "The Farm at Long Lake" can be one of the area's rewark- able living environments and look forward to work'ng with the City of Orono and interested future residents to make this possible. --_�V Timothy Ada/pl hn . Hartweil /1 I /-�. at- r4w1 4-G. N,/�i.•�WrfL to�c �. iv li'OvJ q! hri ��L.L _,___!!—.__fib• i u,� � 1 2 —4 ._.6 _ __ a ---- - .1 .. � ?. $' . } .. . ✓. a 10 10 11 ? Y. 11 12 13 .13 14 lb 17 1a 120 20 23 _. 4 4 • % 7, 27 30 31 'I it i; .A G �V , A// G / o� �, 1 y1 t M = 1. y t 32 .1334 / 15 4Id /� /,L w t 6 - i5 37 i..38ar 391 N TO: Planning Commission £, Council FWI: !lank N11uhich, 'oning Administrator DAT1:: September 29, 1977 SUMECT: The Farm at Long Lake - 920 grown Boat! Subdivision - Sketch flat Approval The City Council is currently considering amending the subdivision ordinance. The amended ordinance, if adopted, will include several changes in forms and procedures. The attached form will be required for sketch plan approval. This form and attached sketch will be required for sketch elan approval by the Planning Commission. (hiring this preliminary review, we should inform and direct the applicant as to procedures and requirements such as zoning requirements, wetl.anci5 policies and regulations, easement or dedication requirements, shoreline regulations, various options such as PR11, approval of all the various other agencies, legal and engineer- ing data required and park dedication fee requirements. If the sketch plan is approved by the Planning Commission, the applicant can be informed he can proceed with the proposal and instructed of the data, conditions and provisions necessary before a preliminary plat can be submitted for scheduling of a public hearing. Previously I conducted the sketch Flan review anti directed the applicant. I informed the applicant of procedures and requirements and ruide suggestions which I thought would be beneficial to h oth the City and the developer. I would like to suggest we eliminate this step from our new platting vidinance as it would only delay developers an additional 2-4 weeks. PLANNING CCWSSI(N MUTING, - October 3, 1977 Work Session. Tim Adams and Bruce Kelley presented proposal. Planning Commission reviewed sketch plat. Directed developer as to policies,standards, procedures and requirements for platting. Gave special attention to subject of riparian rights. Informed developer that shoreline outlots for use as lake access by inland lots was prohibited. Also informed developer that lot width requirement of 200 ft. was also minimum shoreline requirement for riparian lots. Instructions included policies regarding areas, widths, access roads, landlocked properties, easements, park dedication fees, wetlands, walking paths, etc. STAFF -:November 16, 1977 This proposal was first submitted for sketch plan approval on September 20, 1977. The proposal was approved conceptually subject to conditions set forth in our ordinance. The applicant was informed of the standard procedures. Public hearing would be scheduled upon receipt of all necessary plans and data. Al has scheduled a public hearing for December S, 1977. Only six sets of plans were submitted on November 14, 1977. Certified list of owners was submitted on November 1S, 1977. If I get additional plans as necessary, I will include them in your respective packets. I will also he distributing copies to the various agencies and staff supervisors for their review and comments. The reports as received will be enclosed in all packets. I'm enclosing a copy ..: the soils report. The one soils map is too large to duplicate for distribution. the Farm at Long Lake - 820 Brown Road N. : Subdivision Page 2 PLANNING Cr>WISSION NMING - November 21, 1977 Work Session. Mr. Tim Adam was present. Planning Commission reviewed the proposed plat as submitted for preliminary approval. Following issues were discussed during review: (1) Lots 1 and 25 (substandard size). (2) Identification of Lots 1 and 25 as outlot:s because of substandard areas. (Consider evidence of purchase agreement from adjoining property owner) . (3) Identification of wetlands. (4) Policy vs. Ordinance requirements in determining lakeshore lots (200 ft. or shoreline as proposed). (5) Identify late access across wetlands with separate outlots. (6) Providing road access to lots 21 and 23 (private easement on cul-de-sac from Lakeview Terrace). (7) Park Dedication Fee. (8) Easements (conservation, flowage, drainage, utility, mad). (9) Drainage pattern determination (subject to reports of City Engineer and var.(kts agencies). (In) Receipt of reports from variotts agencies and staff supervisors before determining recaimiendation to Council. (11) Possible delay of decision due to lbliday season. Commission considered cancelling next two scheduled Planning Commission meetings if determination of recommendations can he forwarded to Council after the public hearing scheduled for December 5, 1977. STAFF - November 29, 1977 Received City Engineer report regarding proposal. (Copy enclosed) - Note comments and recommendations. FLA?"iIIK3 COMUSS10N MUTAG - December 5, Public Hearing held as scheduled. at Adams, the deveiujer, was i:resent. Approxi- mately a dozen neighbors aLtended ;ubiic hearing. The Zoning Administrator presented the proposed and displayed .pre r,ev:seJ j,lat. The plat consisted of 24 lots, one outiuL, two 6u' vide private r,adn, dra;nane ease- ments, 10' vide easement stung County Road #b, a wetiands conservation easemerr". and a 33' street dedication adje.cent to Oanota Avenue alum; Lire veaL buundAry A' the property. During the period of review the app.Licant displayed several a.:Lernate� on transiarent overlays (originals only - no cupies for diatributiun). In revieving toe , r iK.sed pre: iminary plat the Commission addressed une issues of cuncern and after much discussion recommended a, jrova1 of 'Lhe pre:imti.rrary plat Af/ subject to the fuiioving coediLi.Jna and a ieL r from tyre City Saalm+er eertifyl.ng approva of the i:an aLW assurance that the so i7ei.-ndI tins of each pm) used A! 5- 7/7 .u;, would support a i�rimary system and an aiLernate .iocaduns Alter lot lines berween Tuts 22, 23 wad 24 sv ail t,iree ..ots v,.l meet the minimun two a,, -re area requirement. 2. Ne Wcate access road (Outiut B) appruacri as per County i ubl i c W nLs Dept. rec _-mmerda- i ti_�n (approximste!y 25' eas, I' rocaL'.,.jn Indicated on ; :at subm: teed l2i2/; ( THE FARM AT LONG LAKE - ;2; Brown R ad Nu rt a Subd, v isiun i e, 3 3. i'nuvide 3u' latitude un determination of .;.ocaLiun cf ai.proach fr,)m County Rt,ad 06 (subject to approval of Hennepin County Pub.ie % rKs Dept.). 4. I.,t area variance of 1/lu acre arpruved for W t to if relucation of approach from G-ounty Road #6 results in lut area reduction of Wt, 1V. 5. Approve subiLandard Outiot A subject to assurance of combination w'th any of adjoining ©properties. lu' easement to County along north property boundary abutting County Road #6. 33' r.&it-of-way dedication to the City along east boundary line abutting Dakota Avenue. Drainage easements as indicated on plat (condition - any drainage easement changes resulting from lot line a.iterations require City Engineer approval). inks 6, 7 Pzd 16 indicated on plan as lakeshore moots do nut meet minimum 2u; ' shore- line requirement (wuuld require variance). planning Commission included the condit',uns that lot lines between these three iuts be H_tered in such a manner to provide lareshure for only two lots. 10. Wetlands conservation easemeriL over area aiong sau reline as indicated on plat. li . Provisions for access to ttie .:sere for the two shoreline jots - V' wide - location to be determined . 12. Underlying easement to the City of private m ads (Outiot B and Out,.ot C). Certification of on -site sewage disposal sysLemb for ail ot.s. - Each ;c.,, cDntains adequate area of accei,table soils to support an adequate primary and alternate soil absorption system. 14. Title opinion addressed to the City. 15. Park dedication fee (2 acre zoning - 2-A of raw land value - 24 Lsj. (Total raw land value $)5,4oG..n for 24 lots 4,21641 vra.ue per .ot. fg 24 10.43 per lot Kiuimum fee is $25� }er lot, therefore, $25U x 24 lots equals ;.ot.aa rear, dedication fee of $b , -,., j CITY COUNCIL - DECEMBER 12, 1977 Received letters from the Citv IAigineer, dated 12-8-77, and the Hennepin County Highway Department, dated 12-8-77, relating to this appl ation. The Council reviewed all the Planning Commission recommendations and comments one by one as follows: 1 i 2 have been changed by the applicant w/a revised plan 3 has been addressed by the County letter 4 is no longer applicable 5,6,7, 6 8 approved per Planning Commission 9 - The 3-lot lakesh e frontage was conceptually approved providing the applicant makes an official application for lot width variance and that the conservation easements exclude dock access from the narrow lot. 10,11 6 12 approved per Planning Commission 13 approved by the City Engineer's letter 14 6 15 approved per Planning Commission 16 added t i ' a requ re two separate homeowner s association agreements 17 added to require a standard developers agreement THE FARM AT LONG LAKE - 820 Brown Road North trall, own Subdivision M Page 4 f 18 - Note also the City Engineer's recommendations suggesting streets with lower grades, and requiring erosion control or general drainage flow and structure calculations. Council thereby approved the preliminary plat. STAFF - March 2, 1978 Svt 4-* Developer is reapplying for approval of the final plat. This item was reviewed by the Planning Commission at their meeting of 2-27-78 without enough informatio.l. The final plat approval was requested by Tim Adams along with the shoreline vrriance request (It -cm #358). The final plat approval should actually be listed under Item #317 which was the original number given for this proposed plat. The variance request (#358) resulted from Council's direction to developer to return to the Planning Commission with a separate request for the subject variance. Developer submitted following additional in:atcri al today: 1. Exhibit L - Copy of F.ngineor's, Greg Frank, comments on proposed subdivision. 2. Exhibit M - Revised plat - It does not indicate conservation and flowage easement - pasture easc:cent or pedestrian eascir.rnts. 3. Exhibit N - Aerial view with plat ovorlay - Thi.s indicates `approximate location and sues of wet-1•ands, pasturo, vi,•w -iiid pedestrian e,i5;vments. 4. Exhibit 0 - Copy of title (;pinion. 5. Exhibit P - Copy of letter to City Attorney. 6. Exhibit Q - Copy of prospective purchase agreement with attached rider. Developer has requested we keep the purchase igy-voirient confidential. t will not he forwarding a copy of this to you. The one copy submitted by the developer is in the file for your review at my office. (I am, however, forwarding one section from the rider. This is section #II which deals with soil conditions and provisions for soil tests. This gives us a little more insurance in relation to soil conditions and septic syste-Is.) 7. Exhibit R - Copy of Declaration of Covenants, Conditions Restrictions and Easements. I'm enclosing the above data along with the progressive staff report for reference. --Check conditions listed on staff report as requested by the Planning Commission (12-5-77) and Council (12-12-77). The enclosed new material (all Exhibits) may explain and satisfy these conditions. .Oe. . ., PAGE 4. TO: Planning Commission & Council „I FROM: Hank Mule i ch, Zoning Administrator DATE: Febru,-try 'l , 1978 SUBJECT: Tim Ad-t;:is (Farm at Long i:-eke) - 820 Rro Variance - Zoning - Shoreline Rc tlui rainy .ad North This application is in relation to the prPni;)inary subdivision proposal of the Farm at Long Lake (#317) . The VK noing Commi s5 icon recommended approval of the preliminary on Decc:m r 5, 1977, subject to several conditions. One of these conditi was that all lakeshore lots have 200 ft. of shoreline. At the following Council m-. Ang Mr. Ac.ams r<.quested the shoreline lots be approved as subm ted. The Council instructed the applicant file a formal variance pplication for review and recomine�ndation by the Planning Commission. Since we are al familiar with the original plat and application I feel we could waivprthe customary work session review and act on the issue. NoTt Exhibit A - APPLICATION B - Reduced copy of preliminary plat . N ►�/ indicating location of variance 2-7 request PLANNING COMMISSION - February 27, 1978 The Zoning Administrator intorduced the variance proposal. Tim Adams, the developer, was present. The PI -inning Com-mission reviewed the variance application. After some discussion the Zoning Administrator informed the Planning Commission that the developer was also requesting approval of the preliminary final plat, copies of which were submitted at 4:15 P.M. on 2-23-78 (10 copies only) and enclosed in their agenda packets. Although staff lacked the time to prepare the necessary reports, Mr. Adams felt he might be able to explain any questions the Commission might raise regarding the plat. The request for the variance from the 100 ft. lakeshore frontage requirement raised many questions. There was an indication of some skepticism among the Commission members. Several motic-is were made, but no decision was reached. Some of the niembers felt a decision on length of lakeshore frontage was made at the original Public Hearing on DecembE.r 5, 1977. At that time the Planning Commission recommended approval of the preliminary plat subject to 15 conditions, one of which was that all lakeshore lots meet the minimum 200 ft. l-ikeshore requirement. The condition included altering lt,t. lines in a twinne'r to provide lakeshore for only two lots. Tim Ada: —is (Farm at Tong I hike) - 820 Brown Road North f}, yyr Variance - Zoning - Shoreline Requirement Pape 2 r '6 After further discussion, tli(- pl.+jintri'; Co' :,mission reco:'i •,�•,:(?, d api,r ,v••11 of the variance condi t i, ,i,_d on the fol-lowing st i pul at i,,n: The City Attorney review the ,nd +•t,nclude th it the pn j,cted conservation c,asvwent k,,,ild hi f-ict pr,.hiidt l,ikcsh,,re tise of L,,t 6 and restrict it from ainy r•ip.iri:in rights. The Commission continir(.:d with the review ind discussion regarding consideraitton of the fin it plAt ais prc tir -ILed. After a total discussh)n period exceeding 2 hours, the Cr>:emission finally tabled the issue of final plat approval for further review. They requested some additional data from the 4,volt er so the proper r, view could be made before a recommend -it iron t..r s fo j•'-ti -i rded to Counc i I. The Planning Commission was concerned about resolving the following issues before reaching any decision: 1. Certification of on -site scwgge di.spOS31 system ,)n all lots 2. Size all drainage structures with detailed plans and drainage calculations 3. Indication and legal description of flowage and conservation easements over wetlands 4. Determination of extent of use per —fitted on private 10 ft. lake access easements along lot lines of Lots 7 and 16. (Easements not indicated on plat and no evidence of legal description i agreement relating to these easements have been submitted for Plan.ing Commission review.) 5. Potential expansion of use of said lakeshore access easements 6. Boat docks - (location - size - number of slips and boats - setbacks and use rights). 7. Lack of association bylaws and agreements. The Planning Commission instructed the developer provide data and documentation for review by the City Attorney, Engineer and staff so reports relative to the sensative issues could be prepared for review by the Planning Commission before any action is taken. They also requested copies of the association bylaws and agreements. STAFF - March 2, 1978 Developer is rvapplyi, for approval of the final p •r This item was reviewed by the Planning Commission at their mearTng of 2-2 -78 without enough inforr,ttion. The final plait :-ipproval was requested by Tim. Adams :sltmg with the shoreline variance t-,-goust (Item #358). The final pla[ shc•uld actullly be litstod tinder Item #317 which was the original number given for this proposed plat. The variance request 0358) resulted from Council's direction to developer to return to the P1<innin,4, Commission wi,L)t a separate request for the subject varl-ince. .,` THE FARM AT 1.04G 1_�kE - 820 Br. »n Read 'forth 1 i^ +51„n ��j P•1ge 5 i Mi11 be roIN.•il-411li Ihis material ,-n 1t3 the- t;ity .%tt-,rnoy •tnd F.nginr-t•r .nd ask for co ,• .It s , flat Ing to the o"'I'ti t i,-.ns �-liirh hive $lot %1s Yet 1r,•,-n -r . j wi i 1 1)(% r . Ic". -01 1 rig stwoo t1i , ect It..i , lid cl:ari fir it 1-1 ,Il the %pient. ion Able is 1),-Jost rian cise1,-obnt 4 a extent of of lsu"Id-ol s - over1 ,I�`�i Iy nts - riparian 17,,1,ts - dr., k ,,r, *11d I'll -at ion - 1►rt,vt t-11±nljing v;%s6,aeit iso or ri ,1 - q. STAFF - March 10, 1978 Planning Como;`.ssion members ,loria McDonald and Jo Ellen Hurr and staff members Hank Muhich and Al olsor met with Tim Adams to resolve quest ion�if: Ir, issues which were addressed at the last Planning Commission meeting. The most recently submitted data was reviewed. This included (1) City Engineer Jim Olson's report dated March 8, 1978, (2) Developer' Engineer, Bruce Kelly's, report dated March 3,1978, (3) Developer's purrl-ase agreement and riders, (4) Declaration of covenants, conditions, restrictions and easements, (5) Developer's attorney, Steven Pflaum's letter to Bruce Malkerson dated March 7, 1978. The questions raised by the City `.gineer were discussed. i•-....•e appeared to be an agreement that most of these were technical issues which could best be resolved by the City Engineer. Steve Pflaum's letter was also discussed. The Planning Commission members were somewhat concerned whether these were conclusions agreed upon and approved by the Citv Attorney. Al Olson stated that the City Attorney had approved ar' -issured the members that he would obtain a report to this effect be, the Planning ^.ommission meeting scheduled for March 13, 1978. The pedestrian acce- was left un:esotv..1. PLANNING C()MM I S S I ON - March 13. 1978 Tim Adams w..s present. The Zoning Admini: t-r introduced tht> latest material submitted by the developer. Jim Olson, the City Engi:ievr, Idded his commtnts with erence to report. A brief summary of his concernswere .,s follows. 1. Private road - safety and erasion 2. Distinction between :onservat ton ind prig • mentq - p-tent ial ly hazardous to runoff THE FARM AT LONG LAKE - 820 Brown Road Norte, Subdivision Page 6 #317 3. Assurance of adequate on -site septic systems on all lots - possible conflict with City's position of no municipal sewering of this area After a lengthy discussion the Planning Commission agreed that many of the issues would have been resolved before approving the preliminary plat had they not felt rushed into a decision just before Christmas holidays. The Planning Commission tabled the proposal because many of the important Issues were unresolved for lack of data. The Planning Commission instructed the Zoning Administrator to request of the City Administrator that this proposal be added to the agenda for the Council meeting scheduled for March 16, 1978. The Commission felt the urgency Would require some direction from the City Attorney and City Council. They requested some direction on the following issues: I. Private read - width, surface, grade and drainage requirements 2. Conservation anJ pasture easements - determination of boundaries and use 3. On -site septic systems - necessity of soil borings and locating primary and alternate drain fields 4. Private access easement between Lots19 and 21 as alternate access for L)ts 20 and 22 from private read, Qutlot C - should this easement be indicated )n plat or in title S. Pedestrian eas�:nent on Lot 7 to shoreline of Lang Lake - extent and limits of use - possible conflict with City's policy of restri tion of riparian rights for properties not located on shoreline 6. Report from City Attorney confirming agreement with interpretations in letter from developer's attorney, Steven Pflaum, dated 3-7-78 1. Fence on wetlands - is variance necessary Chairwoman McDonald suggested that one member of the Planning Commission attend the next Council meeting to represent the position of the Comm I s s ion. The Planning ._:rmmission informed Tim Adams that after obtaining direction on these issues from the Council, the Commission would review the proposal again conditioned on developer providing the following additional niterial: 1. U)cation of ,;11 existing structures in reference to proposed lot lines so variances car be addressed 2. Private road detail (approved by Citv Engineer 3. Should private access easement between Lots 19 and ?1 he indicated on plat or in title (a►pproval of City Attorney) 4. Location of E- posed fences -:)-i wetlands if variances tre 0WessarN we ISM►" 6 A PAr-1 (rA TO: Dick Benson, City Administrator # 3 FROM: Hank Muhich, Zoning Administrator DATE: March 14, 1978 SUBJECT: Spe_ial Request by Planning Commission for Direction from Council on Unresolved Issues Pertaining to Platting of Farm at Long Lake #317 (Tim Adams) The Planning Commission reviewed the Above final plat. at '_heir regular meeting of March 13, 1978. The matter was tabled because many of the questionable issues require policy decisions which are not governed by ordinance. I'm attaching a copy of the resume of Planning Commission discussion and action on this proposal during the meeting. In the resume are listed the issues for which the Planning Commission is requesting some legal and Council direction. The Commission feels that answers to these questions are urgent before forwarding a recommendation to Council. The Planning Commission is requesting we ;add this item to the Council agenda of March 16, 1978 so they can have this direction before the next Planning Commission meeting. At least one Commission member will be present at the Council meeting representing the Planning Commission. THE FARM AT LONG LAKE - 820 Brawn Road North Subdivision Page 7 STAFF - March 20, 1978 The following additional material was submitted by developer this morning: 1. Exhibit T - Road detail ?. Exhibit U - Location of existing buildings on Got 19, Block 1 3. Exhibit V - Location of existing buildings on Lot 15, Block 1 All variances necessary regarding location of existing structures relative to proposed lot lines can be determined from these new surveys. Also enclosed is a copy of Al's memo regarding Council direction requested by the Planning Commission. Mr. Adams informs me that a revised plan is now being prepared. The new plan will indicate some changes in pedestrian easements and more specifics in relation to pasture and conservation easements. He assures me these plans will be submitted in time to enclose in the Planning Commission packets for the meeting of !larch 27, 1978. As (if this date 1 have not as yet received report from Al regarding City Attorneyys concurrance with letter from developer's attorney. SEE pSGE 7A PLANNING COMMISSION - March 27, 1978 Final plat approval. The Commission reviewed the new material submitted by the developer. Mr. Tim Adams was present. The Zoning Administrator informed the Commission that the City Engineer, Jim Olson, had called earlier that evening to relate his views regard".ng the new documentation submitted. The Engineer indicated the road detail. (Exhibit T) to be acceptable except for the second diagram whi_h failed to show adequate ditching for drainage. Tim Adams agreed to comply with the Engi --r's direction. The t i.ssion discussed the variance easements shown -.,)n The plat. They acknowiedged the policy guidance rep rt from Al Olson. They subsequently disregarded addressing the private easements. Tim Adams agreed to terminate the pedestrian easements at the houndary line of the conservation easement. The issue of pert, tests attd suitable drainfield locations was brought up, but no recommendation was made. Tim Adams requested a variance from the wetlands ordinance for permission to move the pasture security fence relative to seasonal high water table on wetlands ,-onservation easement. Several variances for setbacks of existing structures from projected lot lines were also requested. PAGE 7A TO: Henry F. Muhich, Zoning Administrator, and Pl-inniniz Commission FROM: A. P. Olson, Asst. Zoning Administrator DATE: March 17, 1978 SUBJECT: #317 - The Farm at Long Lake #3 7 Subdivision RE: The Planning Commission special request for policy guidance from the Council as reviewed at the meeting held March 16, 1978 General Council concensus was that the function of staff and the Planning Commission is to review questions of policy and to make recommendations to the Council for final determination. Notwithstanding this, the Council indicated the following: 1. Private reads are desirable as an alternative to public roads for visual and rural character reasons as well as maintenance responsi- bilities, but all roads should be constructed to minimum standards and criteria for public safety and for permanent ease of maintenance. The City Engineer should make recommendations as to technical requirements. 2. The City has had continuing problems with unsupervised easements to lakeshore and has philosophical problems with extending lakeshore "rights" to inland properties. The staff cr . legally provide language to restrict any such easement to whatever use or intensity should be desired as a matter of policy. In this particular instance, and because the developer is agreeable, the issue may be avoided by physically stopping the easement at a reasonable distance from the shore, such as 5 ft. or 20 ft. or at the edge of the conservation easement, or:' 3. Conservation easements may include compatible uses and horse pasturage may be such a use in certain circumstances. The Planning Commission should make a finding a4 to the acceptability or lack thereof in each specific instance and recommend accordingly. If horses are allowed, a determination should be n. de as to proximity to the shoreline or other water course for protection against fecal pollution. Should horses be allowed, fences are obvious'.y necessary to protect the animals and the nt-ighboring properties. The Planning' Commission should note that a variance is required to pasture horses and erect fence, but the variance may rr,t be contrary to ordinance intent. b. Private easement platting, on site acceptability, legal document language or provisions necessary to implement polio• are technical matters which should be determined by staff. THE FARM AT LONG LAKE - 820 Brown Road North Subdivision Page 8 The Planning Commission recommended approval 1 r% of the following variances: 1) Watlands variance for moving of security fence 2) Barn setback variance for location of existing barn on Lot 19, Block 1 from projected lot lines (required setback is 150 ft.) 3) 24 ft. variance from required 50 ft. front setback for location of existing metal shed on Lot 19, Block 1 4) Move north lot line of Lot 15, Block 1, 1� ft. to the north and approve a 27 ft. variance from required 30 ft. side setback for location of existing barn and garage on subject lot The Planning Commission recommended approval of the final plat subject to the following conditions: 1) Approval of above variances 2) Road specs and detail approved by City Engineer (20 ft. gravel driving surface with 2 ft. wide sodded shoulder on either side of roads) 3) Private roads (Outlot B and Outlot C) to be 60 ft. wide right-of-way and 100 ft. diameter cul-de-sac with underlying easement to City 4) Conservation easement to City over wetlands areas 5) Revise lot lines of Lot 19, Block 1 by moving north lot line of Lot 19 1� ft. to the north 6) Provide for access to lake over conservation easement for riparian rights for Lots 7 and 16, Block 1 7) No dock to benefit Lot 6, Block 1 8) Technical matters such as private easement platting, on -site ac:eptability, legal document language and provisions necessary to implement policy to be approved by staff (City Engineer and Attorney) 9) Payment of park dedication fee ($250 per lot) STAFF - April 6, 1978 for Cc,un^il April 13, 1978 Conceptual approval c., final plat. Due to the many last minute changes required by the Planning Commission, the developer has requested that the Council review the plat for conceptual final approval pending the completion of the changes in the drawings and the execution of legal documents. I concur. I recommend Council approval of the variances as recommended by the Planning Commission and conceptual approval of the final plat incorporating the items listed by the Planning Commission. If agreeable, a resolution of final approval will be ready for the next meeting or as soon as the final drawings are delivered. COUNCIL - April 14, 1978 Brief discussion reviewing changes and Easements. Approved resolution of final plat approval. An Expansion of Soil Engineering Services, III, MINNE APOUS Sl PAUL 6980 S County Rd 18 P 0 Bon 35708, Mpts., Mn 55435 612 941 560ii NORTHERN MINNESOTA 3219 E 19th Avenue, Hibbing, MN 55746 218 -- 8869 CENTRAL MINNESOTA 200 Oueo Avenue No, St Cloud- Mn 56301 6 1539940 octobt:r 31, 1977 Mr. Timothy Adams 820 Brown Road North Long Lake, Minnesota Mr. Adams: SS 33h omun, ENGINEERING TESTING — s Y��UM/ f �+.. +1w•r v A A11Qt �SD� :... o.ry '1ar.nw 4 6 •MUtf ► f , An f •y�,.y # 7) Re: PROPOSAL FOR PRELIMINARY SOIL BORINGS $ P1:kCOLATION TESTS Propoied Subdivision SE af' Coitnty Road 6 F4 Brown Road Long Lake, Minnesota As we discussed on October 31, 1977, we propose to take soil borings and percolation tests on two prospective lots in the above referenced subdivision. The purpose of these tests is to indicate the presence of suitable soils for the drain field systems to assist in determining lot boundaries. Soils borings will be taken to check the soils at depth and water levels if the areas are accessible to a truck -mounted power auger. Percolation tests -ray be drilled with the power auger or by hand, depending on accessibility. We propose to take two percolation tests is the likely area of the westerly lot and two to four percolation tests in likely areas in the easterly lot in question. T';e report will include recommendations on the suitability of the soils in these areas tested as well as the actual. results of the percolation tests and water lc%el observations. If you have any questions please fevl free to contact us at your convenience. Very trul-,- yours, BRAUN ENGINEERING TESTING, INC. 1,e i'rf_•wident - Lnl,O:eering C: C; K : 1 1 s coMs��*+ae E+ru+fett�srs +> A%U A4AltftAt, }!y iu+•n��fRyn�ibbn eny,nMr.nq M0 f!p :.»++y,!s,t . s p,.�? .-sb., �. h+... • blab,-W fy. . 1 1 ... r .. e PRELIMINARY SOILS WALUATION OF THE FARM AT TANG LAKM by James L. Anderson, Patrick N. Kennedy and Steven R. Schirmers I . ItiTROI UCTI(T. This is a preliminary soils evaluation of the proposed Farm at Long Lake Addition in the Cite of Orono. A detailed soils map for the area of proposed development is provided with this repot-. This map is based on information contained in "Soil Survey of Her, spin County" and "Landscapes of Hennepin County" as well as 19"5 aerial photographs of the area and an on -site investigation. Each of the soils mapped within the proposed development area is briefly described. Favorable and unfavorable development characteristics are discussed. Explanations of the soil map symbols and colors are pre- sented in Sections II and III. This is a preliminary- soils evaluation and additional engineering tests should be conducted before construction is begun. The potential of the soils mapped for on -site treatment of septic tank effluent is discussed. II. HOW TO USE THE SOIL MAP To use the soil map one needs to know what the symbols mean. The soil symbol consists of three parts arranged as follows. HbB2 - Fib B 2 (Soil) (Slope) (Erosion) The first two letters denote the soil type; the last letter is the slope of the land in percent, and the absence or presence of a number indicates the degree of erosion. Slope Legend A - 0 to .1 percent B - 2 to 6 percent C - 6 to 12 percent I) - 12 to 18 percent E - 18 to 35 percent III . SOIL. TYPES PRESENT Erosion Legend No Symbol - 0 to 1/3 topsoil lost. 2 - 1/3 to 2/3 topsoil lost. 3 - More than 2/3 topsoil lost. The soil types found in this area were classified according to the "Soil Survey Report of Hennepin Court y", and the standards of the National Co- operative Soil Survey. Soil types present :ire: Borrow Pit Hayden clay loam Cordova silty c l a v l oam Heyder sandy loam lundaF, silt Lerdal loam Lain %lay lour, Lester loam Glencoe s i l t+ l: 1 .gar.; Nes �A I oam Hamel loan `es e1 Hayden loam Page -2- Blue i Light Blue 1:1 A brief description of each soil is provided. Map symbols and colors are provided to facilitate locating the soil types on the detailed soil map provided with this report. Borrow pits: The map symbol for this area is Bp. There is not any map color designated. This is a miscellaneous land type that consists of excavations into hill- sides or }molls for the purpose of removing soil. Cordova silty clay loam: The map symbol for this soil is Co and the map color is light blue. This is a deep, poorly drained soil that formed in loam glacial till. There are stones and boulders, mainly near the surface. The native vegetation was mixed hardwood forest. The soil is nearly level occupying areas on flats and in shallow drainageways. There is a seasonal watertable at a 1 to 3 foot depth during wet periods of the year. Soil strength is adequate for residential development. The soil is sticky and difficult to work when wet. There is a high potential for frost action. The soil is rroderatel,. to slowly permeable. Shrink -swell (volume change) is moderate to high with changes in moisture content. Du ndas silt loam: The map symbol for this soil is Du and the map color is light blue. T:,is is a deep, poorly drained soil. The soil formed in calcareous loamy till. •I•here are stones and boulders in this soil mainly near the surface. Iiie native veg- etation was mixed hardwood forest and a grass understory. This is a nearly level soil occupying areas on flats and in shallow drainateways. The level slope requires little grading. There is a seasonal watertable at a 1 to s- foot depth for extended periods. Soil strength is adequate for rc., id::nt ial dovel,-,, ment. The soil is sticky and difficult to work when ►.ct. '::-ry iti a high potential for frost action. Shrink -swell (volume change, is Moderate t.ith changes in moisture content. The soil is moderately to1•:�;ly Erin loam: T;,is is a deep, well-draimed, moderately fine textured soil that fo..med in calcareous shalt' till. The shaly till is underlain by friable, calcareou<, loamy till at a depth of 3 to 20 feet. The soil occurs on smooth, irregularly shaped hills. 'there are stones and boulders in and on this su il. The natik_• vegetation way nixed hardwood forest. There-k-t'eral soil mapped in Hennepin County. rich slope �-I,a,v t!t2 11'c l the proposed development will be dis.-issei ., :r:�t.•1.. Page -.i- Erin clav loam: This soil has the same characteristics as the Erin loam. The difference be- tween the two soils is that between 1/3 to 2/3 of the topsoil has been lost from the Erin clay loam. There are several slope phases of this soil mapped in Hennepin County. Each slope phase mapped within the area of proposed develop- ment will be discussed separatel,.. Medium Erin clay loam - 2 to 6 percent slope, eroded: Red The map symbol for this soil is ErB2 and the map color is medium red. This is a gently undulating soil occupying irregular hillsides and lMolls. Because this soil is eroded the surface layer is clay loam. The soil is well -drained and therefore never saturated. Sidehill seepage is not uncommon however, around basement wale during rain), seasons or spring thaws. The rolling slopes offer attractive building sites. Soil strength is adequate for residential develop- ment. Shrink -swell (volume change) -s moderate with changes in moisture content. The soil is slowly permeable. Erosion is a hazard if this foil is left exposed for extended periods. .:U':I Glencoe silty clay loam: luc The map sNinbol for this soil is Gc and the map color is medium blue. This is a deep, very poorly drained soil. The soil was formed in T t loamy collurium over calcareous loamy till. The soil is nearly- .:�cl occupying; depressions and drainageways. The native vegetation was dominantly sedges and wetsite Grasses. IXiring wet periods '):' the year the w•atertable is within i foot of the surface and po: ing may occu.•. The high organic matter content in the upper soil horizons means the soil has low bearing values. There is a high potential for frost action. pled i inn f_lamel 1 oam : blue he map syr�bol for this soil is IU and the map is r^• , ;,� glue. This is a d --p, poorly drained soil that fo--me nv colluvium over 'loam,. till. 7lie soil occurs in short, narrow dr aays cn foot and in Ion,, winding drainages%ays betwe,,n krolis a.. .11s. the native vegetation was mainly sedges, grasses and sc:attere� poplar trees. 'Airin• wet periods of the year there is a perched watertahle within 1 f"ot of the surface and ponding may occur. The high organic rrattc:r content :r; the upper soil horizons means the soil has loh bearins; values. There i a high potential for frost action. Page -a- 11 'led ium Green U t;rL n L Pa rk Green Iiavden loam: This is a deep, well -drained soil that fornckl in loa:7iv glacial till and occurs on gently sloping to very steep slopes on knolls and hillsides. The soil was strongly influenced by a forest environment in its develop- ment. The natural vegetation was mixed hardwood forest. Shale and linne- stone fragments as well as granitic cobbles and boulders are common through- out. Several slope phases are mapped in Hennepin County. Each slope phase mapped in the area of proposed development is discussed separately. Hayden loam - 2 to 6 perCLAt slope: The map symbol for this soil is HbB and the map color is nedium =_reen. this is a gently undulating soil occupying areas on knolls and hillsides. This soil is well -drained and therefore never saturated although si.ie hill seepage is not uncommon around basement halls (luring rainy seasons ur spriru., thaws. The rolling slopes offer attractive build g sites. Soil strength is adequate. Shrink -swell (volume change) is low to mod- erate with changes in moisture )ntent. The soil is moderately perv- eable. Erosion is a hazard if the soil is left exposed for extended Periods. Havden lown - 6 to 12_percent slope: The ►rnp symbol for this soil is IM and the map color is meditzn This is a rolling soil occupying irregularly shaped areas on hilisiic< and knolls. This soil is well -drained and therefore never sat,zratL• although s idehi l t seepage is not (uicommon around basement i.a 1 l s du! ili.. i.einv seasons ;pring thaws. The rolling; slopes offer attr:+._ t ive building sites. Sail strength is adequate. Shrink-suelI (voliz c _1.i ; is low to moderate %;ith changes in moisture content. i l erately permeable. Erosion is a hazard if the ,oil i 1-t ? extended periods. Havden loan - 12 to 18 percent _sly:_ The map syr,hol for this soil is HhD and the !%.it) color :; :'.:: reen. This is ,t hilly soil occuP� inp irrera►larl� (;�� .. ( on it.:' ,i.i:'; and knolls. Tiii..; is a well. lraine-d soil uhic:h p-v r b(Cones saturatc. '., however seeps may appear on sidehills durin,t spring than{ or rainy se:IsotlC. There is a large erosion hazard it this ;oil is le,'t Site planning on soils such as this it rx)rr com;11cx ,s the TiAt.;.—al features of the terrain are to he maintained. tioil strength is adckit..itc. Shrink -swell (volume change) is low to moderate with changes in �rois'.:rc c...._ent. The soil is moderately permeable. Frown a v zn xu! t f.- r 1 oams - 24 t:, -.*rccnt s i o,,)e: the -up s,,,mtx 7 for this soil is MY and the WtP color is briwn. Thi-; i-; a very steer soil cK:trvving iroar. --n M'- or, sid'i i of !� ravines, and on sI*re!z raid Jacent to I-tke� W wetlaads. n1v steeirness of thi,- 5oi'� is a severe constraint to "rst =arhan I-velopment if the natural landforms are Co he naintaine-J. N*!re is a vc -- --vere ern,ion h"- rd if this sr.-*L is loft expose-J. Soil s-lrev,th is a..--iLiate. Shrink-sb-ell (:volute change - is low to motlerate with chanvts in moiitL;Ire :urtent. The soil is rck!- er,t,t::v Hm&mclav LCW*., this soil has the - Jutr-ctf --istiL-., as the 46--5m 1p-= 1. e dA4 . fero be twee. the two soi. I$ t-"At LAW= 1/3 to) 21/3 of the tX*o,&. *us bft. it from the Huvdeii :'.jv lojr.. rNt-:a are rvvraj slope rhoors a tt, i% :J.J mi vd in !iermie, n " tinty. %Wh slope MR-,Kk4 Athir, the are. -6' rrorosed deveia-r-.r.r Hilt :.,e 1_ 3"ratelv. '►lec3ilxl lom 6 to I.' ----rcent 5 Green LoWp- Ine we symtol 17dr this w,,. is WC2 and the act- color neditr Ttvis is a roll ing Lmil fir* irr- -Aarly iwr ACIsidt-- eecmise this soil is ervJOJ fhe swfaLe laver the rol.,,-. lopes offOr sites. Th e Sci, Jrairwd vKi kh%,-efr--.e r.�evf- --atwxted. SWOM %Aqeriw Ii r, r. lNer, Ar"o, easevvnt ills ckr!-,qg mmv - -...qet or sprift 4deqmte f4w rassl&m, A ��vq �, t, F!;rmk-ate li 2-hmwrl is mxkratv wi*., owes in am"St we CW-:neht. is a hazavu m t1* -ad le ex1v ..0 for ext-n&,. rLods bwk it"CW lom if Grem Throw qy*bv 1 ;0. ovil iL NcVZ mW t CL iv r 6trk ClVftL IU& -m bAlly i,, act3ervift sr"40 Rt..*S quo I Is. Ucar tkis I t y vvetkd tolo qirfS4 4 r: f re I - at W I r 4mmi. *10%at' ms. 44 Viol". TtAp .all well 4kmi#K vui tS-"Wq-,f a,.. -Or Satumv.. SbdWUjj *rqPW,t -?w t"k-mm,,r b~ r, muzad bmwimn rolls dhtrf-,4 3 r rv.xJmr,a' S md""t K th C, : P tr., volorl.r. TV* PnVON61. M% Im ii 4 hS.'. o J lei" for eIktImjI I* , I .tl Page -o- '4 1iun Green NOW J Fie. ,-der sandy loan : his is a deep, wel!,Arained soil '' t forts.-.1 in icx"N, clacial t;: . the cuaierlying material is calcareous loam. -he soil occurs on molls and hills. The native vegetation was mixe! hotrciwood forest. Several slope phases of this soil are in Fieier.i:. Crrun,t• Each slop, phz se w3-Yped in the area of i roposea' deevelopment will be d i ,- issed sefi - arately. Hevder sand••• loam - Z to 6 p-rcent s to ie : :he map for this soil is Hell and the map color is median $.-een. This is a gently sloping; soil occu-,ying irregruiarly shaved areas or. knolls aril hill;ides. This soil is well -.drained and therefore never satUrate-d". he rolling s l ayes -)f fer attractive building sites. The soil terra avequsat .' soil strenvtf_ l:ntsion is i 'A: a-' r is soil if thi, soil is left ex sed. 1 is rXOder- .. St -ink -swell ivohwe chani:e' li lou .J t.. rate uit1R cha3' aFJB.,:alre cG at!!!t. Hevder sand'v loatr, - $ to I.,. percent nl w neap syuibol for this st is Heo: arvi the mp color i-* -*diva gre -- This s i rolling sc i l occ-tgrr ing irregularly sped areas on hi l is idt. nand knolls. This soil is well -drained and therefore --v eT sued. The :ailing adobes offer attractive building sites. amid Imaes adeqLb. ,e spil -Length. Prrasion is a 1-zatrd ©n this soil if : -+ail i �z�us ec:. "` =oil s �a®dNrr: ^e ri► 2 e . Shr talc - s-� �_ , r _ ._ ,. with el ,e-An moixti.tre contrnt. ix rJa 1 1 • . :Fria i; a m orl%- dr itseed" soil that fiffmci in a tip !rXrr motel of till : to ZO Feet thick. rW soil (A.% apses :4 hlzbe-a eleeatiow in the cowry, satiny' + . the west -cmtrae {gar". ._tc3sir,, stix;�e and bee Wers occur Prsr the surface. The rstt ive veret3tm mixed haphommis and it grass unierstaiN . The soil c in Mlv One s l ope plate in f%swwp an C'ouat v . 't- 3 Part., wlo�e' .se synWi " r this soil i a and the aap zoios is light teal. this It a ~IV le i to gently Umdulatiag sell that rr era, 101"• !ls fr. t!w tees of larg* hills. Since •:_i4 %oi' ;. R:° rly" level 11rtiv ,radiat i.s wrora111 r-qui red. TIv, aVX�41 wa€e-tabi. .s ? to fCV Pa.-e i Lester loam: This is a deep, well -drained, loamy soil that formed in calc, au-- till. The soil occurs on glacial uplands in convex areas of irregular hills and knolls. There are stones and boulders near the surface. The oricinal veg- etation ►.-as mixed hardwoods. Several slope phases are mapped in Hcnnepin County. Each slope phase Trapped in the area of proposed development is Lis - cussed separately. Lester loam - , to 6 Percent slope: The map symbol for this soil is LrB and the Tap color is rx-riuri green. i%M• is a gently- un2lilating soil a.cupying areas on rlwlls and hilltops. The soil is wt-H -drained and therefore never saturated. however, sidehill seep- age is not :in uncommon occurrence around basement walls during wet seasons. Soil st rcr . is adec irate for residential development. ':'he rolling s lol-.�s aver attractive hut'.::ng sites. Shrink -swell (volume change) is low to mx- erate with chances in —r isture content. The soil is :*Wlerately permeable. Erosion i< a hazard it this soil is left exposed for extended periods. ..:�:<ter loir_6 to 1 percent siorX_.'_ the reap sNmhel this soil is LrC and the nuir color is medium green. is a rolling coil ocnu ying areas or. Mllsides and Ills. The soil i,eIl- dra ined and therefore rut --or saturated. However, s ►dehil i seed a -e i .; not r r! uncomron occurrence around basement N;ills during wet seasor Th.z rol l in: slopes and view-, offer attractive building : _' ,s. Shrink-_ 1 r,.oILr*:c change, is low to-,c,cierate with changes in ry isture rantent. Tle Dail r,wderatel%l permeable. Frusion is a hazard if this soil is le:'t exposed for extended periods. ;es se l 103r : This is a deep, !Y*derately well -drained, loamy z,)il that forriied in calcareous till. There are stones and boulders, mainly near the surface. 'he latj:e vei, etaO ion w3:; :" ixed Tht.` 'loll iS :_4i;�iono .)n.' - lIope in iwilnellin i'ogmty. Pave -8- Light Nessel loam - 1 to 4 percent slope: Green The map symbol for this soil is NeB and the ::gip color is light green. Thi-; Ll soil is nearly level to gently slopingoccupying areas of low relie` and 6n a few hilltops that are above Havden soil on the side slopes. Since this soil �s nearly level little grading is generally required. This soil is wet for short periods with a seasonal watertable at a 3 to foot depth. Shrink -swell (volume change) is low to moderate with changes in moisture content. The soil is 7*dez tely Permeable. Soi: strc-n►;;h is adequate for residential development. Dark Marsh: Blue The nap sNnb, of for this soil 4s Ma and the rap colc:- is ,ark blue. T:te upper S to 10 feet of the rar. s:,i is peaty :^pick or muck. This covers other lavers formed in what was formerly a glacial lake. The ..atertable is near or above the surface the entire Year. These soils have .:eT.:c: hearing capacity. :.e deve'oprent characteristics of these soils are generally unfavorable. These areas are Lest used for :.itural water s_or- age and as scenic open space areas of develo;►ments. I V . P TI-:.'�1'i' I. I. OF SOILS FOR ON -SITE WAS IT. TREATNI N- i .%Axor�'.ing to the recomtend(xl 't)rdinan.:e and Code Regulating In►iividual St�-,Age Disposal Systems" published tiv they Minnesota I*Vartment of !!smith 114"1 "\o soil absorption svntm hall ' - installed in xi ar i -h--.-e the watertable is at am• time less than' t. 1/:: feet below izrcgW level or 4 feet b!-low the bottom of the drain field trench". This I ine of thinking has Juui !ed sore -'heat over thir ; ast b ears To re flect research results cotrnhtcted in various areas of the rcrtatty The proposed kti.nnesota Pollution (1,41trol :'Yenco ;TV-4" "IndiviJual reatrneant Systems Standards" states only that " Ile:• bottom of trenches and heels shall be at least three feet above the uatre::rta ale or �edrock'* aril alloWe for installation of additional inm)%ativea systeas other than the standard subsur£;= trench s,;stem to meet this r`4uirement.. ,�, eximple of the innovative -ms is the ivstem- in the roamed systems the seepage is or tr es elevated br the uae of saw fill to Provide the 3 foot se n;trat io+ ytark:e hetvtr 0,A, 1,,ott!m of tiv- .e xjj: : tree h an0 a barrier laver so>:h t, 'he �r bedrev- . In the prelininary "lee .-ommm' I`ract i� s; �,te r.a;v lreattm-nt Systems" 1 'pared by the City of oro na «rx. t',v .esmrat i-.)n di:stam-e* is impli" khetn the: it ,'fist toinl if �t :a feet for instal l.tt ion oaf a - t:uhiar.l Page -9- Concern about this i ir-imar-, sej�aiat ion distance is due To the fa.' thlit it takes approximat--ly 3 feet of unsaturated soil iraterial to properly treat the epti�- tank effluent. Once the tic tank effluent reaches a watertable trc .t.faaent of the of .if�erii Ceases.- This resuT-f s inn *fie -r res- encc� off' a-=xTl�u`t water near t eut'e. uicl it Tonal inputs ut effluent and ,tatural water in the area :.av result in surfacinc of the effluent and,'or the backing up of the effluent intf. the house. This cre- ates not only a nuisance to the home owner, but can also pose a health hazard if the surrounding area is well polurlate.,. Tile best i ;cator available for :leterminink the maximu"I height of .a seasonal wa,ertable which often occurs in the soils of Hennepin County is the presence of soil mottles. %ttling is a distinctive coloration of grey with red and yellow splotches in the subsoil. :Viv investigation of a proposed soil absorption l:treatment system site sF.;.ul,: include a determination of the depth at which soil anottles occur. With this back• ground the potential of the original soils mapped in this development area for treatment of septic tank effiucia will be discussej. :areas of Marsh soils :.adicated by bark blue on the accc..q-wnying soils overlay are found in wetlands. the watertable in these organic sails is above or near the surface the entire near. these areas are unsuitable for the installation of any soil absorption system. The Glencoe and flaixl soils indicated by the rx'dium blue color or the soils overlay have the highes, watertable during the year either at or within 1 foot of the surface. This water m ay persist for several rxmt�Ls during the year. Installation of any subsurface soil absorption system in this soil obvi-,xisly would not allow the minimcrr recom vended separat ifir:. The round system is dcsigmtj for soils with periodic high watertables. liowever, the' watertable must not be higher they, 2 fret below the surface for the mound system to ffrnct ion effectively. Instal ia_t ion of _ .env soil absorpt ion system on this soil type is not. recorR:x�e3: `' _. Areas of Cor&A-a and 1undas soils are indicated by the lig!it Mue color on the soils overlay. The maxims height of the .CaSMIjI wa-.e•rtable In this soil as indicated by the presence of Mottles is usually between 1 and a feet. if the mottling occur, at less than a ' foot depth installation of aanv so afi%orp ton system i not recownendr-d. __Ts t{te most I ►ne occurs at y dt-,,t gres r t irn rrt s iu T l�v<Cew arty iUnLt to" properly. Messy1 soils colored light giccn on the .-oils overla% coa>wim IT have a seastmal watertable at a depth of t to S feet. It the soil qottline in- di.ate, Ti at the d-pth of Ox- watertable i% 3 fee* the reiowvwxled icpit at ion !x•tween the ix)ttcm of the bet"ge trench .and the hatertable c:xin►,t be msintainaxi. In this case, installation of am submarfaeu systen is not recon r►.led. "rnwo,•er, a MtMW sv.t. An fia tion properly. If the wottlinc indicates tht watertable ;present at the S foot 3epth them a --hallow t ren.•h .y--teri .ou id provide k1equrats- treatment. The NavrMe •oil . colored med iias green on the acconpaanv ing owrl.ay offers t h. mo. t not ent ia l for im a st e t reatzrit . , cn. e ) f T to .e.a w na l u at e r table as often below the 3 foot depth. ;' pal ' .il lo% the ih,T.il l it Of tht tarwtrrJ eat► w f.kr d �t.'�. +a� , • ,� e% ideme of soil saottIing at a s tc • , :ri .� i'aLe -1 - the presence of the most preme,ble portions of this soil nearer the surface, means that a shallow trench systcm till probabl• 'unction better thai. 'he •tarklard system on this ,oil. Lerdal soils, colored light red on the soils overlay, commonly have a seasonal watertable at a depth of 3 to 5 feet. In addition, percolati-il rates on these soils are often in excess of 60 minutes per inch. For this reason an innovative mound system will function more effectively than eit►:era standar.. system or a shallow- subsurface system. Erin soils indicated by the mc-iit>ri reed color on the soils overlay have a high clay content in the subsoil. This often results in percolation rates in excess of 60 minutes per inch. For this reason it is recommended that an innovative motmd system be installed on thew soil,. These systems cannot be installed on slopes greater than 6 percent. This may represent a srious problem for the site plan as presently drafted. At times it is suggested that the watertable in areas of proposed waste treatment systems be lowered through use of agricultural drainage the to, provide the proper separation distance F't't1IL-en Seepage trenches and a water - table. U• of agricultural drainage tile for this purpose is relatively difficult for several reasonsi 0 the tile installed must be properly placed to ir:- sure that the watertable is sufficiently lowered n.jt to interfer with the systen.; ii) the the lines must `)e properly maintained by some party, tl i., includes the policing of the tile !lass to insure that they are not die turbed in anti• mariner by the homeowners or utility companies. UP P the presence o these tile lines offer a convenient outlet for anyone in the future who has problems with their %rite treatment system. An :"litional word of caution on using this t%Tw of arranyerient, is that little re,�e.tr_: has been conducte3 on the functioning of these systems and there is some question as to hog, well the-- will operate. The area indicated as Borrow pit presents another problem for the location of an on -site waste treatment systcr. : here systems, ar, .le> iLrtc-,l on tom• basis of natural soil characteristic,. This means trait the -tie -systems not be constructed on filled areas. There are pr imar i l v No. rva sons for this. First, it is difficult to determine the ;►cTneahilit, the filled area. khich makes sizing the system very difficult. SCCOTld, If "It' : ili (`;'.:c- the distribution iines of the s%•steel! will no lon:per be on :r:adc which will result in unequal distribution of the effluent, localized over-loadini, of the ti1',tem anti t'�-entua! failure of the ��'=tr'"': '.ri:'J:: i.i:A of <ufflc,;cw -C., . glellt :lied ska-f lclll" o` t :c c'.l! itlnit. For areas that have been graded it may he possible to have a suit absorn- t ion �vstem installer! if the minimur+ rc,• .E'tiiiU41! dis...rlce C,.ui i*C r,U111tained between the sec page tren: hes :and the watert thl�; anJ i `,* the permeabi l its• t.percolation rate) is rapid enough. The .'I.t t 't for the s%•stop. is greatly increased fax;ever, since tllr' UA C wCtr,C..Ole Ex)r t 1011- Alt t1 ak>l i have usu a I 1 v hcr:n rtiwved h .- -he t; r:au i.ng .. t he arpa rat ion d i s t:lrlc v lla. 1x-t i 1 Telephone 473 7 ►s7 Font Office lion fit •' 1, k", .0. ,_ • %1!:r,. I';,' i Iffll" On the North Shore of hake Minnetonka November 18, 1977 4r. Ron Iisrnack Division of Water-, Department of Natural vecexirces 125 Centennial Building St. Paul, ''linnesota `a 5155 Subject: The Farm at Long I_-Ae - S I?oad Subdivision Dear Ron: Enclosed is the subdivision plat -e Hartwell Property rxnntioned above. We would appreciate Your reviewtn�, ' application and forwrarding any comments or recommendations You may have. A rxihlic tearing has beer. scheduled for December 5, 1077. If possible, we would almr•ciate hearing froel you before that time. inmm you. Sincerely fiienry . ' which /F Zoning Administrator 1 RI: t't Enclo,ure Telephone /73 7357 (: I'1' l' Of ( ROAN't ) Post Me* Box 6600. h , . N1 ... - ,., .. • %, ..,., ,p",l ()ffi, es Un the North Shore of Lake MirPuctonka November 18, 1977 Mr. Douglas 'Mattson fiennepin County 320 Washington Avenue S. Hopkins, Minnesota 55343 Subject: The Farm At l.onp, IAke - S20 F,n�wn road Subd i vi s i of Dear Mr. `la t t son : Fnclosed is the subdivision plat for the Hartwell prgwrt,� mentioned above. We would appreciate your reviewing this application and forwarding; any comments or recoimierdations you ma- have. A public hearing has been scheduled for Ilecember S, 191,7 . If possible, we wnu 1( i a p Prec i a t e hearing f roar You before that time. frank YOU. Sincerely, henry I`. Muhich zoning Administrator fP : be Enclosure Telephone 4737357 CIT'Yof OR, Poet t lffim Fig)• 660 Crystal Kay, MannewHo 553V • %1 u i On the North Shore o/ Lake Minnetonka 'vovc•mber 18, 1`477 Ntr . Greg Frank McCombs -Knutson Associates 12805 Olson `lemorial Ilighway `tinneapolis, 14innesota 55441 Subject: The Farm at long Lake - 820 Brown Pr)ad N. Subdivision Dear Greg: Enclosed is the subdivision plat for the Hartwell property mentioned above. We mould appreciate your reviewing this application and forwarding any comwnts or recommendations ,you may have. A public hearing has been scheduled for December 5, 1977. If possible, we would appreciate hearing from you before that time. lnanx you. Sincerely, Henry T. 41hich Zoning Adnunistrator I IFM : t'm enclosure I04-phune 47:1-7357 C" i r Y of ORONO Post Office Box 666Crysta) Bay, Minnesota W238 Municipal ()hires On the North Shore of bake Minnetonka 10 • F November 18, 1977 Mr. John Holmquist Minnehaha Creek Watershed District P. 0. Box 387 Wayzata, Minnesota SS391 Subject: The Farm at Long Lake - 8-1n Proven Road 4. Subdivisiot, Dear John: Enclosed is the sul:divisiov plat for the Hartwell Property mentioned above. We would appreciate your reviewing this application and forwarding any comments or recommendations you may have. A public hearing has been scheduled for December 5, 1977. If possible, we w(xild apl -eciate hearing from you before that time. Thank you. Sincerely, Henry F . Muhi ch Zoning Administrator HFM: be Enclosure MINUTES OF A PLANNING COMMISSION MEETING HELD N%_ZMBER 21, 1977 - PAGE 9 A variance is also necessary from Hill s'..reet which is an unimproved reet adjacent to t.,r side lot line. The general concensus of the ',l.anning Commission was that this proposal consistent with the neighbor- hood and an alterna c location would result in damage to natural surroundings. Hannan moved, Frahm seconder' 'o recommend app.oval of the area and setback var ;? subject tr. app,'cant providing survey to verify s submitte• Mot or. - Ayes (7), Nays (0). A public hearing has been scheduled for Monday, December 5, 1977, at 7:30 p.m. The Planning Commission ent into work sessions on the following items: Forest Arms Subdivision (#336), Ed Lehman ($337, #338 and $339), Calvary Memorial Church (#340) and Harry Gustafson (#341). Hurr moved, Frahm seconded, tha the meeting be adjourned at 11:30 p.m. DENNIS KRUMP (continued) ($335) 'OHN HARTWELL :20 BROWN ROAD N. SUP-).:.'1SION '. t';NARY) ADJOURNMENT - 11:3r *AMA il k N�1E RfR[0 �OtIRRM� �ED O�S1 � •�� MINNEHAHA CREEK 1A111 Y1NNE10NxA WATERSHED DISTRICT P.O. Box 387, Wayzata. Minnesota 55391 WNW Or ""WARS Alb.rt t 1►hmsn . f.m.. R,;wn . )w A November 22, 1977 Mr. H. Nuhich, Zoning Administrator City of Orono P.O. Box 66 Crystal Day, Minnesota 55323 ,..1 "T. VOW L� 01LLAvE L6 DE301A Re: "The Farm at Lony Lake" Hartwell Property Subdivision on Brown Road North Dear Mr. Muhich: We have received your letter of November tS, 1977 with map regarding the subject property. Comments follow: 1. Steep slopes on portions of the property boilering the drainage into bong Lake will need special attention in developing this property. In these areas re -grading with disruption of established ground cover should be minimized or prevented entirely. Possibly parts of this drainage are in need of remedial meas :r.es now. 2. The Long Lake flood plain area should be restricted as to dredging, filling or building. 3. This area generally has poor soils for on -site sewage treatment if municipal lines are not available. If on -site systems are require-1, the possibility of a combined coi...nunity system should be considered. Thank you for yr)ur cooperation in allowinc review of this pro3ect. S 1rice re1.y , EUGENE A. HICKOK ANU ASSOCIATES E;nginoers for tha District 4hn A. Holmqui.:.t ` 3AH/cm1 Telephone 473.7157 t (A TV of ORONO Y=)st ll(fiLV Box bbeCrystal Kay, Minnepsota 55-3230Municipal Officer On the North Shore of bake Minnetonka November 22, 1917 W. Bruce D. !dalkerson, Attorney Popham, Haik, Schnobrich, Kaufman $ Doty 4344 IDS Center FIinneapolis, !-tinnesota SW2 Subject: Tice Farm at Long I,;4,e - F-''! frown Roao Dear Bruce: Enclosed is the sul)division Flat for the Hartwell property mentionei a ^^ At your earliest convenience, we would appreciate your revzewing thi! application and forwarding arty c(xTwnts or recommendations you may hay_. A public hearing has been scheduled for December 5, 1977. Also enclosed is the contract for deed. Sincerely, M Henry F. Muhich Zoning Administrator 1IP4: he Inclosure '.*'O1V1BS-KNUTSON ASS ATE"C ■ Sill v;ANNERS G Fr_. November 28, 1977 el VILLAGE U Hank Muhich City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Subject: The Farm at IA:,ng Lake - 920 Brown Rnad N. Preliminary Suhdivi:,icin Daar Hank: At your request, we have reviewed the subject llre.liminary subdivision. The proposal is to subdivide approximately 70 acres into twenty-five lots, of which twc, lots will be less than two acres and will require a lot Size variance. The property is lovated cuff Brown Road and County Road No. 6, with the southeast corner of the property abutting Long Lake. Our comments are as follows: 1. Drainage easements have not been identified, but will be needed. In particular, easements will be needed along the drainage swale in proximity to Lots 12,13,22,23,24 and 25 and the Swale in the back of Lots 19 and 19 and extending to the wetland. We also request a 10-ft. easement alcing the south and Past lines of the subdivisic,n. 2. Based on the soil report Included in the subd i %- i s i o n packet and the Hennepin County Soil Maps, there area potential l,rl,hle•ris with on -rite waste treatment systems on Lot 4 through 9,12 and 13, 17 through 19. and 21. In particular, these lets have either steep slopes (in exct::n of 12%), unsuitable soils (high water table and unsuitable soil types), or combinations of these. Glencoe and Hamel soils as well as areas with slclpeti in excese ()f 12' are unsuitable for on -situ septic systems. 12M ULSON MfMOMIAl HIGHWAY, MINNEAPOLIS, MINNEUPA 561111 TEL E1'H4.N.t r's'r'a9U:I7tX 27NORTH MAIN STREET, HUTCHINSON• MINNESOTA 563W TELEI*H )NJ 161;. dF1i029 SOUTHM ST ENGINEERING CNVISlOIII, MARSHALL, MINNESOTA SOW TEOPHONE IWP SJ. %820 Hank Muhich November 28, 1977 Page Two #317 Because of potential problems with on -site soil treatment systems, it is recommended that the proposal not be approved until there is further information that will ins -.tire that each lot can be provided a satisfactory on -site cispo al system. It may be advisable to readjust the lot layout. Very truly yours;, Mc QQMB,,K'_kNvtl'SON A5:'t3(' IATFS , I %C . GF:ts CITY OF ORONO, MINNESOTA MINUTES OF A PLANNING COMMISSION MEETING HELD DECF]IBER 5. 1977 The Orono Planning Co-w. tssi.on met on the ,'above &tte ATTEND"30 P.M. with the following members present: Chair;,(-: an McDonald, Commissioners Ilurr, 11 am+nerel., Wilson, Hassel, Frahm and Hannah. Also present was Zoning Administrator Hink Muhich. Chairwoman McDonald announced this was the t i • ,e and place for a Public Hearing on the 1)et i t i , n t)f John Hartwell, for a preliminary subdivi-ion ,at 820 Brown Road North, for 24 lots pliv, 4-ne Outlet. The Zoning Administrator presented the N,)tice of Public Hearing and the Affidavit of Public., , n. The Zoning Administrator presented Revised Plan 2, explaining that this development is a ist of B. (•kn Road, south of County Road #6 and north of L(�ng Lake. All 'he lots meet the minimum lot sire requirement of two acres except Lot 24, which is less than two acres because the lot line follows a natural ravine. The neighbor whose property adjoins Outlot A would like to purchase the outlot and combine it with his own property. The Zoning Administrator pointed out that these revised plans indicate the access point to the north onto County Road #6 at a point which the Hennepin County Public Works Department would like moved easterly 125 feet for better vision. There also would be an easement across the northerly 10 feet of the property for additional right-of-way along County Road #6. Tim Adams, developer for the project, was present and showed the Commission and the audience overlays of the lot layout indicating revised lot lines for Tots 22, 23 and 24, with Lot 24 meeting the two acre minimum lot size requirement. He also showed an overlay indicating the north access road onto County Road #6 moved easterly 125 feet. He explained that in moving the north access road to the east and trying to maintain the original configuration of the lots, Lot 10 wor•'d only be approximately 1.9 acres. He added 'rat they are trying to make this access as saft ..s possible. If the County would allow the access to be aK)ved back 35 feet, which would be 90 feet easterly of the original location, the lots could be arr.anp-t•d so they all would be .about two :acres. fir stated that the natural waterway will remain the same as it is now, adding there could be casements to prevent filling the ravines. 'PUBIAC 10.ARING-7:30 P.M. .JOHN HARTWF-,.L 820 BR(VN ROAD NowrH St;BDIV IS ION (PRFI.IMINARY) #317 M114UTES OF A PLANNING CO,TMISSION 1` :EYING HELD DECEMBER 5, 1977 - PAGE 2 Mr. Adams continued that road ownership will be private, by associ3t ion, .-,ne for c-ich ro.4d. Also, he stated that in laying out the lot lines there are problems if the natural lot lines ;ire not followed. When they first layed out the lets the average area was 2.3 acres excluding the wetl:Inds, with some of the lots being lass ,h-in two acres. He explained that on their first plan the access was on Dakota Avenue, but it was decided that any other accesa would be better thin D-3kota Avenue. Nancy Cawron, 920 Dakota Avenue, coniawnted there already is a traffic problem on Dakota Avenue. Mrs. Merrill Swanson, 1820 Lakeview Terrace, agreed there was a traffic problem there now. Paul Meyer, 940 Dakota Avenue, asked how many homes could be supported without City sewer. The Zoning Administrator replied this had not yet been addressed. Mr. Adams responded that when someone comes in to build, they will check Each building plan and septic system plan. The Toning Administrator pointed out on the soils map which lots would support a septic system and which ones would not. Mr. Adams pointed out which lots the City Engineer stated would require a soil test. The Commission discussed the lay of the lots and any possible changes necessary so that all the lots would meet the two acre minimum lot size requirement. The Commission expressed concern that the City Engineer's letter of November 28, 1977 indicated the proposal not be approved because it was questionable that each lot could support a satis- factory on -site disposal system, and now it seems he has changed his recommendation since writing the letter. The Commission questioned the validity of the letter. Mayor Van Nest explained that originally the City Engineer reviewed the Hennepin Cc,unty sails map which only indicated very general inro nr i.itl-,n. If there were :any yucstions .at that time the City Engineer was asked to make a study, as was done In thi case. He also explained that the letter was only gfven to indicate there should be more tents and Suggested the City Engin, cr sxih!nit another report. JOHN HAF:I ELL (continued) #317 m:ium OF A PIANNING CO"?MISSION MEE`rING HELD DECEMBER 59 1977 - PAGE 3 The Zoning Administrator stated he had expected a letter from the City Engineer before the meeting which would have clari fiod his reco,1.v,ir-nd.-ation of the project. The Commission expressed concern that the proposed lots would be acceptable for a satisfactory septic System. The Commission discussed with the audi.t•nce the proposed lots and the septic systt!ms and any possible problems that could occur. Mayor- Van hest explained that with a two :arre lot it is not necessary to have the entire lot acceptable for a septic system. He added that they wanted to make sure now the lots were buildable and suggested the City Engineer require additional information on the lots where there was a question. Kathleen Kensey, 14111 Albennarle, St. Paul, and Charles Dallar, 1810 Lakeview Avenue, expressed concern about the electric fence along the east and south sides of outlot 2, Long Iike Country Club Addition. They felt the property owners whose lots would abut the fence might object to the fence and horses so close to their back yard. The Zoning Administrator replied he felt this was a legal situation which the property owners could resolve. Mr. Adams stated he was sure they could work around the electric fence and come to a satisfactory agreement. After all the public were heard, the Public Hearing was closed at 8:17 P.M. In reply to a question by Commissioner Hammerel, the Zoning Administrator stated the City does not know now if the existing septic systems are working and that the City does not have the staff to check these systems annually. He added that the City does not want any new systems without first knowing if the existing sy�tc.,ms are working properly. Commissioner Hassel indiratEd he was concerned by the fact the City Engineer's report did not approve the subdivision, but now, with only hr-rosay Information. the Cc-iinission is told the City F:nyJn,. t r approves the plans. He felt there could be problems if the Commission rushes through the approval of the sul:1411vision withot,t a written rc,l'—rt from the City Engi n(�(-r. .JOHN NAKTWELL (conrinue.d) #317 MIN'61'ES OF A PLANNING =LMISSION MEETING HELD DECEMB�.R 5, 1977 - PAGE 4 Mr. Adams replied he had gone to great lengths with the parties involved, with the Zoning A(iminist.rator and the City Engineer and that they had a verbal discussion and the City Engineer was favor-ifle in his recommendation of the project. He _also h.id asked the City Engineer to submit another 1-t ter of his recommendation. It was at the (:it, Fnginocr's suggestion that he call off his soil to is he, vise It was felt they were not needed. The Commission expressed concern because the City Engineer had changed his recorunenda t i on from h i s first letter when he recommended not approving the subdivision. The Commission has received many letters fr(•m the City Engineer in the past, but this is the first time his recor.tmendation has changed. They felt Tim Adams was entirely in goad faith on his part, but they also felt there could be serious problems if the subdivision was approved and later it was found some of the lots were not buildable. The P, ann i ng Coiianiss ion addressed Lot 24. Mr. Adorns stated he had gone to considerable cost to prepare the alternative plans for Lot 24. 11.,! Commission felt precedent indicated they could not allow a one acre lot. They felt they should follow the precedent and require that Lot 24 meet the two acre minimum lot area requirement. Mr. Adams stated he was agreeable with that decision and added that he had done a great deal of homework in preparing these plans and felt some things just were not apparent from the City Engineer's first report. Commissioner Hassel moved, Commissioner Hurr seconded, a motion to table the Public Hearing for preliminary subdivision until a report is received from the City Engineer on the soil conditions of the lots indicating if the lots will support a satisfactory on -site disposal system. Motion - Ayes (4); Hammerel, Hassel., Hurr :and M-N nald: Nays (3); Hannah, Frahm an. Wilson. The motion pissed. After further discussion of the suh(ilvivlon, the Commission retracted their nx)tion to t ihle the proposal. .JOHN HARIVELL (cant i nu(•d) i.M 7 Commissioner Hassel mc)vpd, Commissioner !' ,rr seconded, a nx t ion tc reconrund approval ccf the pm•tition t. r i prel imi^ iry subdivision t-,-nt ingc nt MINUTES OF A PLANNING COMMISSION MrENNG HELD DErr.M13FR ,, 1977 - PAGE 5 on the IOHN HARTWELI. (cc,nt i n.�rd) (1) The City F,nt;i ic4-r sub,nit a l,-ttcr indic-at.i,ig 317 he rt-cor7wionds :appi- ,v:il of the pi-op(—�sc d 5irb- division; and (2) An On-siLe st_•w::ae disposal systc Fn he prrovided for all. lots +nd that o.ach lot coat-ain ,itlotu-it.e area of iceeptable soils to upport an adequate primary :and alternate soil ah:�orption system; inn (3) The lot lines between Lots 22, 23 and 24 he altered so all three lots will !neet the minimum two nacre .area requi rcment; and (4) Drainage easements be provided .as indicated on the proposed plat; and (5) A wetlands conservation easement be provided over the area along the shoreline is indicated on the proposed plat; :and (6) The park dedication fee be paid; .and (7) A 10 ft. easement be provided along the north property boundary abutting County Road #6; and (8) An underlying easement be provided to the City for private roads; and (9) Outlot A be approved with the assurance it will be combined with any of the adjoining properties; and (10) The access road approach at County Road #6 be relocated 125 feet easterly of the original location as indicated on the plat submitted December 2, 1978, as per Hennepin County Public Works Department recommf!ndation; and (11) The Hennepin County Public Works Department submit a letter of apFroval for moving the north access at County Road #6 westerly an additional 30 feet; and (12) The lot lines be altered so only Lots 7 and 16 will have access to the lake and each lot will have not less than 200 feet of lakeshore; and (13) The dock easement for the two shoreline lots be 6 feet wide; and (14) A 33 ft. right-of-way be dedicated to the City along the east boundary line abutting Dakota Avenue; and (1 S) A variance of 1/ 10 acre be approved for i.ot 10 if relocation of the approach f1-0m County Road #6 results in a lot a,( -a reduction of Lot 10; and (16) Lots 22 and 23 could access c+nto I..ikeview Terrace. Mr,t lon - Ayes (4) ; Ham.-lerel, W i 1 s,-,n, F'r.ih Ti ind Hannah: Nays (3); Hurr, Hassel ,.id McM)nald. The motion passed. Pu,biic Works Phone 935.3181 320 Washington Av South, Hopkins Minnesota 55343 HeNNePIN COUNTY December `3, 1977 Mr. Henry F. Muhich Zoning A.dministratnr City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Mr. Muhich: RE: Proposed Flat - 'The Farm at tong lake CSAH 6 - South ,ide at Dakota Avenue ',ection 26, Township 113, Range 23 Hennepin County Plat 11o. 600 Review and Recommendations Thank you for submitting this plat for our review plat and have the following comments: '1 4 7 N 5, re n� a'LT 1 ,'P r-eviewed the proposed 1. Reserve, for road purposes, an easement 10 feet wide, south of and adjacent to the south right of wav line of CSAH 6. 2. The proposed new access road from the plat to CSAH 6 is :c.ceptat;lf However, the access must not be located nx)re than 35 e fet West of the invlace field entrance. 3. The developer must apply for and obtain an approved entrance permi• before beginning access cons'',.ruction, Entrance permit forms are available from our Traffic Division. 4. All lots must have access to the proposed city street. lrid i%i dua' direct access to CSAH 6 will not be permitted. 5. All other construction within county right o' way must receive County Enaineer approval prior to oeginnrna istruction. This include_. but is not limited to, drainage revisions, itility construction. trail development. and landscapina. b. All areas within county right of way that are disturbed durino construction mist be restored by the developer. Please direct. Your response or questions on the above-cimrents to Douglas 'Mattson at this office. merely, J. M. Wold, P-E. Chief - Planning R Prograrrinn Division cc: Tim Adams, DeveloDer 11W : DP M : rm REGULAR riLETING OF THE ORONO COUNCIL, DECEMBER 12, 1977 Page 2 pursuant to Article 11 of the stipulation, is hereby calling for you to appear for a public hearing to discuss the mattes at the regular Council meeting on December 12, 1977. The City wishes to be objective about this experiment and to provide you with sufficient opportunity to proceed in good fai h. Cc �s of Resolutions #823 & #830 are aqain enclosed for you to execute and return to the City at or before the December 12, 1977 meetinci. End of lets er Council fleeting - December 12, 1977 Mr. Larry Hork, representing North Shore Drive Marina, commented that he had been in the hospital and had not been able to proceed with fulfilling the agreement as originally planned. "I have ordered the fencing which was delivered November 30, 1977. Fence posts are insta-Iled and the fence should be complete -I within two we:.l:a. I have applied for permits from tf , latershed District and the PCA and the berminq will be completed by next spring. I will comply with all the requirements as originally agreed to wind will sign off on all the resolutions." Ma.for Van Nest commented that when all resolutions are executed and application for the 1978 marina license is received, and because of lateness in the year, the City would renew the agreement for one year,includinq the requirement to remodel the slip design removing all small slips replacing thera with parallel slips as originally aqreed. NORTH. SHORE DRIVE MARI (Continued) for. Alan Olson,, Assistant Building & Zoninq Y.SOBDIVISION Administrator, entered into Lhe record the minutes 820 Brown Road North of the Planning Com.i sslon concerning the sub- #317 division for The Form at Lonq Lake, 820 Brown .John 11: twell. Road North, dated hucenber �3, 1977, which state: Public Hearing was helr'. as scheduled. Tim Adams, the developer, was present. Approximately a dozen neighbors attended the public hearing. The Zoning Administrator presented the proposal and displayed the revised plat. The plat consisted of 24 lots, one out.lot, two 60' wide private roads, drainage easements, 10' wide easement alonq County Road #6, a wetlands conservation east -meet. and a 31' street dedication adjacent to Dakota Avenue along the west boundary of the property. Durinrt the period of review, the applicant displayed several alternatf-, can transparent overlays. (Corit iriied) REGULAR MEETING; OF THE ORONO COUNCIL, DECEMBER 12, 1977 Page 3 In reviewing the proposed plat, the Commission addressed the issues of concern and after much discussion,recommended approval of the preliminary plat subject to the following conditions,and a letter from the City Engineer certifying approval of the plan and assurance that th.> soil conditions of each proposed lot would support a primary septic system and an alternate location: 1. Alter lot lines between Lots 22, 23 E. 24 so all three lots will meet the minimum two -acre area requirement. 2. Relocate access road (Outlot B) approach as per County Public Works Department recommendation (approximately 125' east of location indicated on plat submitted December 2, 1977.) 3. Provide 30' latitude on determination of location of approach from County Road #6 (subject to approval of Hennepin County Public Works Dept.). 4. Lot area variance of 1/10 acre approved for Lot 10 if relocation of approach from County Road 06 results in lot area reduction of Lot 10. 5. Approve substandard Outlot A subject tr assurance of combination with any of adjoining properties. 6. Ten -foot easement to County alonq north property boundary abutting County Road #6. 7. :hirtl-three foot right-of-way dedication to the City along east boundary line abutting Dakota Avenue. SUBDIVISION 820 Brown Road Borth (Continued) S. Drainage easements as indicated on plat (condition - any drainage easement changes resulting from lot line alterations require City Engineer approval). 9. Lots 6, 7 i 16 indicated on plan as lakeshore lots do not meet minimum 200' shoreline requirment (would require variance). I'lanninq Commission included the conditions that lot lines between these three lots be altered in such a manner to provide lakeshore for only two lots. 10. Wetlands c( nrvrvat ion easement over area alone shoreline as indicated on plat. 11. Provisions for access to the lake for thc• two shoreline lots - 6' wide- - location to be determined. 12. Underlyinq easement to the ritf of private roads Jut lot H and Out lot C) . (Cont inue(3) RrGULAR MEETING OF THE ORONO COUNCIL, DECE MER 1.2, 1977 Paqe 4 13. Certification of on -site sewage disposal SUBDIVISION systems for all lots. Each lot contains 820 Brown Road North adequate area of acceptable soils to support (Continued) an adequate primary and alternate soil absorption system. 14. Title opinion addressed to the City. 15. Park dedication fee (2-acre zoning - 2S8 of raw land value - 24 lots). Total raw land value = $150,400.00 for 24 lots - 4,216.67 value per lot @ 2�% = 105.43 - per lot Minimum fee is $250 per lot, therefore, $250 X 24 lots equals total park dedication fee of $6,000. Letter from City Engineer, Greg Frank, dated December 8, 1977, concerning The Farm at Long Lake, which states: "We have reviewed a rev preliminary plat on the subject project. The pi minary plat included drainage easements, a dearcation of 33' of right-of- way along the length of Dakota Avenue, proposed drainage patterns, the locations of drainage structures and a centerline road profile. With respect to the submittals, we have the following comments: 1. Some relatively steep road grades are provided (in excess of 7%) on both West Farm Road and North Farm Road. One could expect considerable washing if a gravel road is proposed. We would not recommend slopes over 6% on City streets, but our understanding is that the proposed streets will be private. Tht develop-r should strongly consider blacktopping, but we will not require it at this time since the s h Bets will be privaty. However, we do recommend that the drainage ditches d acent to the stre eL be sodded and check d.,a%._ provided to control erosion alone the highway. 2. We have reviewed the Hennepin County soil maps prepared for the subdivision. Although some slopes are excessive (in excess of 12%) and some Glencoe and Hamel soils. are present, it appears that each lot has ample suitable sat for an on -site treatment !cystt•n . ttt :.tlJt 'ji REGULAR MEETING OP THE ORONO COUNCIL, DECEMBER 12, 1977 Pace 5 3. Hennepin County has expressed some concern SUBDIVISION relative to the location cf the intersection 820 Brown Road North of North Farm Ruad and County Road 6. The (Continued) Council's approval of the preliminary sub- division should be contingent on Hennepin County's approval of the intersection. 4. The proposed drainage structures were not sized in the submittals. Before the final plat is approved, we recommend that the applicant's engineer subnit drainaqe calculations and detailed plans for our review." End of letter Council fleeting - December 12, 1977 Mr. Tim Adams commented that all the proposed lots have been platted two acres. Mayor Van liest reviewed the 15 conditions outlined by the Planning Commission stating that a variance to the minimum 200' shoreline requirement for Lots 6, 7, & 16 has not been applied for. Mr. Alan Olson, Assistant Building & 7onino Administrator, commented that two other conditions should be met: 16. Homeowners Association maintenance of proposed private street. 17. Developers agreement. Pesek moved, Paurus seconded, to approve the pre- :iminary subdivision request of John Hartwell, 820 Brown Road No_tt., subject to variance for Lot 6, no access to lake, engineers review and approval and the following: 1. Alter lot lines between Lots 22, 23, & 24 so all three lots will meet the minimum two -acre area requirement. 2. Relocate access road (Outlot A) approach a:, per County Public Works Department recommendation (approximately 125' east of location indicated on plat submitted December 2, 1977.) 3. Provide 30' latitude on determination of location of approach from County Road Ah (subject to approval of I(enr►epin County Public Works Dept..) 4. Lot area variance of 1/10 acre approved for Lot 10 if relocation of approach from County Road 16 results in lot area reduction o' Lot 10. (Cont inued) REGULAR METING OF THE ORONO COUNCIL, DECEIIBER 12, 1977 5. Approve substandard Outlot A subject to assurance of combination with any of adjoining properties. 6. Ten -foot easement to County along north property boundary abutting County Road #6. 7. Thirty-three foot right-of-way dedication to the City along east boundary line abutting Dakota Avenue. 8. Drainage easements as indicated on plat (condition - any drainage easer.ient changes resulting from lot line alterations require City Engineer approval). 9. Lots 6, 7 & 16 indicated on plan as lakeshore lots do not meet minimum 200' shoreline requirement (would require variance). Planning Commission included the conditions that lot lines between these t.aree lots be altered in such a manner to provide lakeshore for only two lots. 10. Wetlands conservation easement over area along shoreline as indicated on plat. 11. Provisions for access to the lake for the two shoreline lots - 6' wide - location to be determined. 12. Underlying easement to the City of private road.; (Outlot P and Outlot C). 13. Certification of on -site sewage disposal systems for all lots. Each lot contains adequate area of acceptable soils to support an adequate primary and alternate soils absorption system. 14. Title opinion addressed to the City. 15. Park dedication fee (2-acre zoning - 2S% of raw lard value - 24 lots.) Total raw land value $150,400.00 for 24 lots 4,216.67 value per lot @ 2h8= 105.43 - per lot Hinumum fee is $250 per lot, therefore, $250 X 24 lots equals total park dedication fee of $6,000. 16. Homeowers Association maintenance of propc ied private street. 17. Developers agreement. Motion, Ayes ( 3 ) - flays ( 0) . Page 6 SUBDIVISION B20 Brown Road North (Continued) -John Hartwell -----_ ----- .. _.- - - - - 639 Buyhaway Road -_ Wavzata, Minn. 55391 I�1� ..ram r_.►..�.+Ir..�f.ri . � Y.. �..M .�. _a. ..r�x��...t •.. • • .. •. .. .. . a . TEE FARM, LONG LAKE - SUBDIVISION RhVtrW t•81; 00 32.652. Variable Additional Costs. Each applicant shall be c'- ar6ed an ixnount equal to the additional costs incurred by the -City in processing, and reviewing each application for each of the above pecznits, including, "but not limited 'to,' engineering, legal and planning consultant cost-s w,en. authorized by the City Council or Planning C ommi s s i on TOTAL: $84 00 !.L i:.x'fC'fYi -i. . - ..i •ram '.-2-.� ..: _.Jef 9•"s' Yi:��..i L-i[ ?. i..,. • � .. ^�. - �. �. y._ z" a -... � I declare under the penalties of perjury that I am Treasurer for the- City of Orono (title of office And name of firm if claim is by a firm or corp.) the inking the within claim; that I have (person or firm3 examined said claim and that the same is just and true; that the money therin c.harg(la was actually paid for the purposes therein stated; tli.gt the property therein charged was actually delivered or used for the purposes therein stated, and was of the value tli-rein charged; thAt the services therein charged; that the fees therein charge-d are official �,A are s+)ch as are allowed by law; and that no part of said claim has been paid. Signatt+re of C11+i�t..�nt The effect of this verification 511A11 be the same ns if subscribed and 'sworn to under oath. M.S.A. 471.38. ns amended by Laws 1951, Chapter 416. MINUTES OF A PLANNING COMMISSION MEETING HhT.D FEBRUARY 27, 1978 - PAGE 15 The Commission informed Mr. Platteter that with a conditional use permit if there are any complaints after one year the conditional use permit may not be renewed. Commissioner Hannah moved, Commissioner Hammerel seconded, a motion to recommend approval of the variance request by Dennis Platteter with the following conditions: 1) the barn be located 90 ft. from the cast lot line and 130 ft. from the south lot line 2) the barn be 60 ft. x 60 ft. 3) 5 horses only be allowed 4) approval be conditional that if any complaints are received from the neighbors the conditional use permit be reviewed Motion - Ayes (6); Nays (0). The motion passed. Tim .♦dams, developer for the project, was present. The Zoning Administrator instructed the the Commission that along with the variance request, Mr. Adams is also requesting final plat approval. He informed the Commission that Mr. Adams did not submit the final plat until 2-23-78 which was not adequate time for staff to 1; !-epare a reconvnenda t i on prior to the meeting. He stated that one condition when the Planning Commission originally approved the subdivision was that there be only two riparian lots and that the lot meet the 200 ft. minimum lot width requirement. He explained that Mr. Adams appeared at the Council meeting and was advised to come back to the Planning Co.:v-iission and apply for a variance for three riparian lots. Commissioner Hurr stated the setback requirements in this zoning district are 50 ft. from the front lot line and 50 ft. from the side lot line. Tim Adams stated he is asking for a 35 ft. variance for Lot 6 and explained this lot has a considerable amount of wetlands And would be better for a smaller house. There is a total of 565 ft. along the shoreline and each of the corner lots, Lots 16 and 7, will meet the required 200 ft. lakeshore width. He reviewed the lakeshore situation. He stated they have a 10 ft. easement along the lot line and the dock will be built along this easement and will serve only the owners of Lots 16 and 7. DENNIS PI.ATTETE R #357 (con't) i 'TIM ADAMS FARM AT LONG I.AKE VARIANCE #358 MINUTES OF A PLANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 - PAGE 16 Pe stated the Zoning Administrator had advised him to allow for the access along the lot line. The Zoning Administrator informed the Commission he had suggested that Mr. Adams request a 6 ft. access strip to the lake which would be setback from the lot line and excluded from the conserva- tion easement over Lot 6. Commissioner Hannah stated that when a dock is put in it must be 10 ft. from each lot line. Mr. Adams stated that for visual amenity reasons they are trying to keep the structures to the corners of the lots and they do not want the docks in the middle of the property due to the wetlands and also so they do not obstruct the views of the new homes. The Commission questioned if Lot 6 would have riparian rights if there was a conservation easement. The Zoning Administrator referred the Commission to a similar request by Cargill - Victoria Grain. He informed the Commission the City Attorney had advised him in that case the lot did have riparian rights even though there was a conservation easement across the lot. Mr. Adams stated the owner of Lot 6 will have a private easement to the other property so they can go to the lake. He explained the shoreline is very marshy and he did not think Orono was loosing anything by allowing the private easement. The configuration of the land and the fact they are setting aside five acres for a conservation easement is the hardship. He added that they have a conservation easement and a separate pasture easement. Commissioner Hurr cited the request by Paul Kaster who also asked for lake access for a back lot and was denied. Another similar situation was cited where a Mr. Dikstra requested the driveway access easement be extended to provide lakeshore access to the hack lot, but was denied. Commis- sioner Hurr stated she understood providing lake access would increase the value of the lots, but felt providing the lake access for non- lakeshore lots was against the philosophy of the City of Orono. TIM ADAMS FARM AT LONG LAKE #358 (con 't) MINUTES OF A PLANNING COMPASSION MEETING HELD I'EBRUARY 27, 1978 - PACE 17 The Zoning Administrator stated that as far as dock usage, boat dockage and boat launching is one issue. However, it is another issue if someone is going to allow someone to walk across tht'- lot. He explained that this private casement would be forwarded to the City Attorney and :could go to the Council for their approval or denial. Mr. Adams stated they originally had provided for legal easements, but at the Conunission's recommenda- tion they were removed. The Commission discussed at length the fact that Tim Adams was putting in a private easement which would allow access to the lake for other property owners. Mr. Adams stated the easement is owned by the owner of Lot 7 and that the dock will be at the end of the 10 ft. easement. He added that they are trying to do everything they can do to comply with the Commission's recommendations. The Zoning Administrator stated the main reason for denying an easement was to prevent dock use. Commissioner Hurr stated the Commission possibly could consider a definition for motorized riparian use and non -motorized riparian use. She added that she is concerned about the usage of the lake because to allow the private easements would be granting non-lakeshore riparian rights. Commissioner H3mmerel c, rnented that residents of Orono who pay taxes here shoulc' 'lave the right to use this lake. He added that many people come from other areas and use Lake Minnetonka and he felt lake use should be restricted to those who reside near it and pay taxes toward it. Commissioner Hurr stated she has trouble with the approval of the final plat because the applicant is not indicating on the final plat the same as had been the original intent. She was concerned there would be no control to ensure the easement would never be for motorized use. Mr. Adams stated he would be happy to revise the plans so the dock would not be adjacent to the easement. Commissioner Hurr read the Planning Commission minutes from the October 3, 1977 meeting which stated in the preliminary plat approval there could be no riparian access -o the lake. TIM ADAMS FARM AT LONG LAKE #358 (can't) MINUTES OF A PLANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 - PACE 18 She commented that she would like to study this request before making a recommendation and she would like to be shown that this is r against Orono's present policy. Commissioner Wilson stated it is possible to control the decks and boats accessing to the lake, but he did not think the same would be possible with people who are only walking to the lake. Commissioner Hammerel stag.. he did not fuel. the riparian access to the lake could be denied. The Commission questioned if private easements could be allowed without City approval and also if the City would be loosing control of the lake by allowing riparian access. The Zoning Administrat.,,r stated he had no problem with a walk-in easement, but expressed concern if it would remain only a walk-in easement. Mr. Adams stated the City Attorney has the legal papers regarding the ment and is reviewing them at the present ti;:,c. The Zoning Administrator explained that the applicant brought in his information the Thursday before the meeting, 2-23-78, and is asking for a variance of 35 ft. for Lot 6 which would be less than the required 200 ft. and also is asking for final plat approval. Mr. Adams stated they must know if there will be two or three lots because this will affect all the other lots and their deeds. The Zoning Administrator stated in the past the Commission has approved lots if the average of the lots complies with the Ordinance. Commissioner Wilson questioned if it would make any difference even if one of the lots would be lass than 200 ft., in the event Mr. Adams would give up the riparian rights on the wetlands. Mr. Adams s ted it will only be the owner of Lot 6 who can own the property in front of the structure, adding that the total lot area of the three lots is about 12 acres with dry buildable are. of about 7.2 acres. Commissioner Hurr moved to table the requ-st until further information on the legality of private easements is received from the City Attorney iind to review the homeowner's association aKreem.-nt. The inotion died for lack of a second. T I M ADAMS FARM AT LONG LAKE #358 (con't) 'MINUTES OF A PLANNING COMMISSION MEETING HELD FEb8UARY 2i, 1978 - PAGE 19 Commissioner Wilson stated with the original plat Mr. Adams had asked for three riparian lots and now two of the 3 lots only will have riparian rights. Commissioner Wilson moved, Commissioner Hammerel seconded, a motion to approve the variance for three lakeshore lots based on only two lots with riparian rights. Motion - Ayes (2): Wilson, Hammerel; Nays (2): Hurr, McDonald; Abstain (2): Hannah, Frahm. The motion failed. Mr. Adams commented he was really hurt because they are getting tied up with these side issues. The first time the Commission reviewed the plat they indicated they were very much in favor of the project and felt this was a great development. C issioner Hannah stated hr was not concerned about the private easement, at was concerned about the lakeshore variance. He commented there is the issue of riparian versus lakes -e. Conunissioner hannah moved, Commissioner Frahm seconded, a motion to approve the request for a lakeshore variance unless prior to the Council meeting the silty Attorney shows that by granting a conservation easement this takes away the riparian rights of Lrt 6 and then there would be no problem because there only would be two lakeshore lots. He added that he was not addressing the matter of the private easements because at this time to was not a function of this motion. Commissioner Hurr asked if the conservation va%crut•r,t and the pasture easement overlap. Mr. Adams replied they abut one another. The motion was withdrawn. Commissioner Hannah moved, Commissioner Hammerel seconded, a motion to recommend the variance be granted conditioned on the fact the City Attorney advise the Coritmission that Lot 6, by having a conservation isement over its entire shoreline, will loose its riparian rights. Therefore, it is a moot point as to h-w much of the property will be considered the shoreline, and th^t ths- Planning Commission concurs with the 200 ft. shoreline of Lets 16 and 7. TIM ADAMS FARM AT LONG LAKE #317 ( t,n't) MINUTES OF A PLANNING CnMMISSION MEETING HELD FEBRUARY 27, 1978 - PAGE 20 He added that the Plarr. Commission is considering that a discussion will occ-ir regarding the private easements along Lots 7 and 16, and it was determined this issue would not be formally addressed in this motion because these private easements are not snows she plat as submitted. Further, in regards to the discussion on dock placement, Mr. Adams felt that it would be consistent with his goals to allow for the placement of the docks not an the private easements, but adjacent to the easements, thus, not allowing for legal use of those dockL by the lot owners other than those of Lots 7 and 16. Motion - Ayes (4): Wilson, Hammerel, Hannah, Frahm; Nays (0); Abstain (2): Hurr, McDonald. The motion passed. Chairwoman McDonald and Commissioner Hurr indicated they abstained because they felt they should wait for the City Attorney's information regarding the private easements and riparian rights. Commissioner Hammerel moved to approve the final plat subject to the City Attorney's recommendation regarding the private easements and riparian rights. After further discussion it was determined the final approval would have to include the many unresolved matters, such as payment of the park dedication fee, drainage and utility easements, etc. Commissioner Hammerel withdrew his motion. Commissioner Hurr felt they were rushing the approval of this plat. Commissioner Frahm indicated he wanted to gee the homeowner's association agreement before he voted on the final plat. Commissioner Hurr reminded the Commission that the Zoning AdmenLstrator did not receive Vie final plat until 2-23-78 and did not have time tr review it and make a recommendation to the Planning Commission. The Commission disetissed the urresolved issues including: 1) location, size and number of boats and slips Including use rights and setbacks 2) association agreen►ents and by-laws TIM ADAMS FARM AT LONG 1..AKE #317 (con't) MINUTES OF A PI..ANNING COMMISSION MEETING HELD FEBRUARY 27, 1978 - PAGE 21 3) the extent of the permitted use on the private 10 ft. lake access easements along Tots 7 and 16 4) possible expansion of the lake access easements 5) satisfactory on -site septic systems for all lots 6) legal descriptions of the flowage and con- servation easements over the wetlands 7) detailed plans including legal '-scriptions of all drainage culverts, etc. Commissioner Frahm moved, Commissioner Hurr seconded, a motion to table the final plat approval until additional information is received the homeowner's association and that the City Attorney and City Engineer review the request. Motion - Ayes (4) : Hurr, Harunerel, Frahm, McDonald; Nays (1): Wilson; Abstain (1): Hannah. The motion passed. The Zoning Administrator passed out the information regarding the marina committee. He noted that the Council wanted this information by April 1, 1978. Cottunissioners Hurr and Frahm staled they will be willing to serve on the marloa committee. The Zoning Administrator encouraged the other members to present their ideas. At 1:05 A.M. Commissioner Frahm moved, Commissioner Hannah seconded, a motion to adjourn the meeting. Motion - Ayes (6); Nays (0). The motion passed. TIM +DA.MS FARM A'T LONG LAKE #317 (con't, + Tr+L � ,ARM AT LUNG LAKE 8`3 Brown Road North Long Lake, Minnesota 5535 t.�) _... 7 March 7, 1978 Mr. Jim Olson bonestroo, Rosene, Anderlik b Associates, Inc. 2335 Highway 36 St. Paul, Minresota 55113 Dear Mr. Olson: At the request of Hank Muich, I am forwarding a copy of our engineer's drainage calculations as requested by the Orono Council at the time they approved the preliminary plat of the Farm at Long Lake. As additional background, I am enclosing those pages from our Purchase Agreement detailing the improvements the developer has undertaken to con- struct for the buyers of the proposed lots. With the concurrence of Panning Commission and Council Members. we are providing for 2 private driveways in keeping with the 'rural" development image and the existing topography and environment of the property. homeowners will be responsible for their own private water and sewer systems, and storm drainage will be «ccommodated with the proposed easements. I .'so enclosing for your file copies ,f th,_• "driveway profiles' as prepare,: ,r engineer last December. This morning, Bruce Kelley provided me with t.. ,er specifications for the 3 new culverts. West Farm Road (1) Major culvert i:i creek bed - 96' of 24' C.M.P. 2 apron end sectiont. 24' C.M.P. (2) Drainage culvert west of farm buildings - 36' of 12" C.M.P. 2 end sections 12" C.n.P. nurth Farm Road (1) Drainage culvert c)nnectinq drainage easements on west property lir►es of Lots 6 and 8 - 36' of 12" C.M.P. 2 end sections 12" C.M.P. If you have any fu-tner questions, duji': hestiate to call (378-0837i. Sincerely, t Timothy Adams TA:mv Encl. cc: Mr . Nank mw i c t) LEONARD. STREET AND DEtNAF7D ,a. ••iOS ri tof.a,ant� <aau:i i ''I. n:r•. 1. .. ... 4.. [.r •.•. M f.:tiiNw Sf 06a g'r ... r. r!w4N il•u N[• .0RREA MINNE.APOLI$. MINNESOT• 5540? °•' -` SIONC• NA 0W^r «•AOL0 u C. LEN S•[rg r40wwa M wl NV4•. of 7wciC pC•. N 7:7 F ,•y`r rpL w[u NOT&BC-� c:f OwGl • �cOUNN ".i: f' 1N ,•CrC'. G.. tnaV, t1'.w .•i. I , ...arch 7, 1,178 Bruce MalkerGon, Lsq. Popham, iiaik, Scrinobrich, Kaufm:c•. & Doty IDS Cc -ter Minne,�olis, Minnesota 55402 Re: The Farm at I:ong Like Dear Bruce: won, H1 a{ N P4�•F�'+MS +F to Nr•1 P .. ,.r N'� •'aN- •.er I am writing in accordance with your su(igesti•')n, and with reference to our tc:lenhone conversation of March 3, the draft of the letter I prepared in accor_!ance with that conve=rsat.ion, and as updated by our telephone conversation of this morning. You and I have discu!3iced the fact that. at Orono Planning Commission/ City Council meetings, there occut+-ed some considt,rable dis u:�sl.on between Tim Adams, our client and general partner r f the development partnership developing the above captioned land, and Commission/ Council members rcaardinq "r p-_'trian rights", and the need to restrict the same with reference to bona 1,:-ike. It is yc ur and my uriderstand.ing that "riparian . i ghts" means the rights to bji ld and/or share in the use of docks, an:9 the Yi !hts to launch, rt.:trieve, moor and store boats on the lakeshore. You and I agreed that it is a policy question (to be decided by the Planninq Lomm.:.ssion and City Council) as to whothe_-r it is appropriate to allow residents of this subdivision the right to walk down and along the lakc.:sh,�. re• and enjoy the same in such mrvincr, l,rovided thc• ether ri.(:hts do - scribed above :arc not granted. Assuminrl that the Planni.ni. ion and l ounc: c lde that it is so appr-)priate to grant such rights, you and I than discussed what would her the best mt ans of achievinca these ends. It. was m • suggestion that section 2 of tht= derlarat-ion of rotective ^ovenints coverincj the entiro sulf'_:ivisi.on, which creates a pt.:ciL.-tit:ri°in ca:';F :^i-nt to thtz lakeshore, be amended to st at=� .,..,,.c- i f ical 14 : (A) Th!' ria11ht granted is f(.,r Ickes,*, tr) a:?cl fI-"T1 t !see shi , re of Lonct Lake, { ,.l f`: r #317 Bruce Malkerson, 1:sq. -2- M irch 7, 1978 (b) Provided, howcvr.rr, that. no of any kind may be constructed in the eels- m(nt area without prior municipal. approval. The latter point will pre ont the eonstr;v--, ion of docks the easement area (except as is sc;c.if rr11l- ,), rmit.ttc I for the three lot owners whose lots front on LOnc; Lake) . These throe lot owners who will have actual lake frontages `mould then still be able to construct one dock each by utilizing the remainder of their frontage, which is outside of the p�_,justrian easement area. You then suggested that there be an affirmative grant tc the municipality of all rights to construct docks and/or launch boats, and moor boats in front of the lake lots, t.xcept ae :specifically reserved for the benefit of these three lot owners, as t*) their own respective lots. I suggested that this could be included in the flow- age easement already prepared. The above language would prevent any other homeowners in the subdivision from t;cing able to launch boats, moor boats, maintain a dock, or share in the use of the same, however. You agreed that the foregoing was the appropriate vehicle to use and suggested that our discussions be rec�rcied in ic4.-t,2r form at this point in time for your benefit and the 'benefit of the City officials. You felt that neither your office nor ours should consume more time in attempting to draft such a.>nr-)mate restrictive language until such time as the City Planning Commission and the City Council had made the decision that the,.• wished to so restrict access and usage of the 1akC.` by ok^ crs it ';z :....: i.vI Sinn. Once t!iat policy decision has t,e,-!n made, we would then -_-•-cecd with the drafting. SRP:Qa Regard. LF:ONAPD, S'T'PEET AND DEINARll Stet. riR. Pf laum cc: Mr. Hank Muhirh, Cit•,., *...f Ornno Mr. Alan Olson. City of Oro,io Mr. Tim; thy Adams -#iqA" 36 ` i (sto b Bonito, P E Le rence F Feldslen, P.E Robert N' Roseme. P.E Glenn R. Cook, P.E. 81 /�aNt(j, Mlnaadoia 55113 loteph C Anderlik PE Keith A. Gordon. P.E Piiewa: 636-4600 B,d&ord A. Lem lwlt P L. Thomas E Noyes P.E. Robert D Frtjeerd P F Rlrhard W Foster. P.E March 8, 1978 Mr. Henry Muhich Zoning Administrator City of Orono Box 66 Crystal Say, Minnesota 55323 Re : The Farm at Long Lake - No. 317 Our File No. 139 Dear Hank: Ruhard Erune. P r Janes C. nllom. P t. Robert G Schswkks, P.E .He,,tm L. SoPrWe, Pl. Donald C awredt. P.E Kenneth R Mettler. P.E Charles A Erickson :.to M Pawelsky Herten M. Olson V i'LAAGS U i ORONG Mr. Timothy Adams delivered to our office a copy of the design street grades and drainage calculations for the Farm at long Iake plat, prepared by Clark Engineering. Mr. Adams also delivered a copy of Al Olson's letter dated 21 Dec. 1977, listing items required for final approval, a copy of the plat over an aerial photo at the scale of 1"-200' and Section I11, paragraphs A and 3 of the "Rider to Purchase Agreement" outlining certain development procedures. Our office was not involved in the original review of the proposed plat. Therefore, we are unfamiliar with any previous considerations that may have taken place, and our review is based on the information made available to us at this time. Mr. Adams indicated to us that it is intended to maintain a strong rural atmosphere within the development and that West Farm Road and North Farm Road are to be developed as narrow rural driveways. Indeed, the "Rider to Purchase Agreement" indicates that the grav<<1 base is to be 14 feet in width and that the bituminous surface is to be 10 feet in width and that the westerly 600 feet of West Farm Road is to he left in a gravel condition. We have made a review of the plat and offer the following comments and recom- mendations for consideration: 1) Street Grades - the street grades prepared by Clark Engineering are at the maximum gradients considered acceTtable for residential streets with the exception of the east end of West Farm Road which has a gradient of 10%. There are four proposed lots at the end of this gradient and we recormuend that this grade he flatened to not exceed an 8% slope. 2) Street Width - We have very serious reservations about streets (or driveways) that are 1,000 feet and 1,200 feet long and are only one lane wide. There are a number of vertical and horizontal curves in the proposed layout which, in our ,judgment, presents very restricted sight distance for on -cowing vehicles. This restricted sight distance introduces significant safety hazards which are further aggrevated with snow banks on each side of the roadway during Page I. Mr. Henry Muhich March 8, 1978 City of Orono Box. 66 Crvstal Say, Minnesota 55323 Re: The Farm at Long Lake - No. 317 Ou- File No. 139 winter. Mr. Adams indicated to us that "passing lanes" would be instilled at critical locations along the roadway. We recorw nd that the private streets be a minimum of 20 feet in width with a prefered width of 24 feet. 3) Access - We recommend that no direct access be allowed to Co. Rd. b from lots 1, 8, 9 and 10, and that no direct access to Brown :toad be allowed from lot 11 and 23. A driveway easement for lot 20 is indicated between lots 19 and 21. Thts driving access intersects West Farm Road just below the crest of a bill and care will have to be taken to provide proper sight distance. 4) Drainage and Wetlands - The drainage calculations prepared by Clark Engineering appear reasonable. The Stores Water Management Plan indicates 5.4 cfs as the 100 year outlet flow from Dickey Lake (Brown's Lake) while Clark's calculations indicate a 1.4 cfs as the 10 year outlet flow. The sug- gested 24 inch CMP culvert under West Farm Road appears adequate and is recom- mended. The street grade plan did not include a cross-section of the proposed streets, but it is presumed that there will I ainage ditches along the roadway. With the very steep slopes involver re is a very high potential for erosion within the ditches which could cau,.% siltation of the wetlands and/or Long Lake. We recommend that the De•e ioper submit specific detailed erosion control plans prior to start of any grading or construction. A conservation and flowage easement is required over parts of lots 5, o, I, 1.6 and 17, cased on examination of the half -section aerial photographs. The easement outlined on the plat supplied by Mr. Adams does not appear to follow closely the actual wetland area indicated in the aerial photo. The drainage easements are adequate as shown. 5) Soils - The Soils Development Guide, X-ap No. indicates Hayden, Lester, Erin, Glencoe and Hamel soils across the -proposed subdivision. There are also areas of steep slopes. We recommend that acceptable evidence be submitted for each proposed lot indicating; that there is at least one primary and one secondary area for drainfield facilities. 6) Maintenance - A pasture easement is indicate,'. on the proposed plat. A clarification of the use of drainage easements and .•onservation and flowage easements for pastk,-e purposes should he made. We rvcLxmX,nd that responsihilitr and obligations of each lot toward the roadway and any com- on easements be in written form. accepti.hle to the City Attorney, prior to approval of the suh - divisior. Very tri,ly y BONESTRO0, RS►-JAE�(,ANDERLIK 6 ASSOCIATES, 1.*:. earn mlso CO:kf cc : Mr . Timothy Adana Page Z. CITY OF ORONO, MINNESOTA REGULAR PLANNING COMMISSION MEETING HELD MARCH 13, 1978 The Orono Planning Commission met on the above date with A'F'FFNDANCE the following members present: Commissioners Hurr, Frahm, Hassel, Hammerel, Hannah and Chairwoman McDonald. Com- missioner Wilson was absent. Also present was Zoning Administrator, Hank Muhich. Chairwoman McDonald asked for any corrections to the MINUTES Minutes of November 21, 1977. There being none, Com- missioner Hannah moved, Commissioner Hurr seconded, a motion to approve the minutes of the November 21, 1977 meeting. Motion, Ayes (6), Nays (0). 'Motion passed unanimously. Chairwoman McDonald asked for any corrections to the Minutes of January 16, 1978. There were corrections on pages 11, 14 and 15. There being no further corrections, Commissioner Hassel moved, Commission Hurr seconded, a motion to approve the Minutes of the January 16, 1978 meeting as amended. Motion, Ayes (6), Nays (0). The motion passed. Chairwoman McDonald asked for any corrections to the Minutes of February 6, 1978. It was noted there were corrections on page 14. There being no further correc- ti ons, Commission Hannah moved, Commissioner Hurr seconded, a motion to approve the minutes of the February 6, 1978 meeting as amended. Motion, Ayes (6), Nays (0). The motion passed. The Zoning Administrator stated Mr. Birkeland had called him and stated he would not be attending the meeting. Hannah moved, Hammerel seconded, a motion to table the request by Mr. Birkeland for dredging reconsideration until the applicant submits the necessary additional data. Motion, Ayes (6), Nays (0). The motion passed. The Zoning Administrator stated that on March 10, 1978 he was informed that Item #358, variance application to allow three lakeshore lots rather than two as recommended by the Planning Commission, was not to have been presented to the Planning Commission, but was only to have been filed as a variance application as a matter of record. ROBERT BIRKELAND 1298 Wildhurst Tr. Dredging Recon- sideration #217 FARM AT LONG LAKE 820 N. Brown Rd. Variance #358 MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 13, 1978 - PAGE 2 He referred to the January 25, 1978 and February 21, 1978 letters from Stephen Pflaum, Tim Adams attorney, and also the March 7, 1978 letter from Tim Adams. He stated that at the last meeting the Commission did not have all the answers they have today. He explained that this plat is a copy of the final plat and that the final plat, my- lars and hardshells have not been prepared yet, until it is approved, due to the exp.,,ise. 'Farm at Long Lak #358 (continued) The Planning Commission questioned the locations of the pro- posed buildings in relation to front, side and rear setback requirements. Hurr informed Mr. Adams that the barn must be 150 ft. from the side lot line. The Zoning Administrator reviewed the setback requirements in the 2 acre zoning district. Tim Adams stated they originally planned a 14 ft. gravel road with 10 ft. of paving. however, now they have decided on a 20 ft. gravel base with 10 ft. of paving down the middle. Jim Olson, City Engineer, stated he had reservations with only 10 ft. of paving over a 20 ft. gravel base because of the safety factor, especially when a car is coming up over a hill. He stated they would prefer gravel only and that it should be 24 ft. wide which would allow for some encroachment. He commented that one of the private roads is about 1,000 ft. long and the other is about 1,200 ft. long and that the minimum standard width for cars is between 11-12 ft. The Zoning Administrator stated Orono requirements are such that if a private road exceeds 500 ft. in length, a wider right-of-way must be provided with a cul-de-sac radius of 50 ft. Hassel stated he was concerned about approving a situation which would be dangerous. Mr. Adams replied they will be changing the purchase agreements to include 20 ft. of pavement and that they plan to include 10 ft. paved areas with several 20 ft. paved areas at critical points. Commissioner Hassel questioned if this would be practical. Jim Olson responded that a person who drives in the area often and is accustomed to the situation would be cautious, but the same would not necessarily be true of a person who seldom drives the roads and is unfamiliar with them. He added that the 10 ft. of paving with gravel on either side will result in erosion and the wearing down of the gravel. Hassel stated he realized aesthetics and dust are a pro- blem, however, he felt the dust problem could be treated in some way and that the safety factors should be resolved. MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 13, 1978 - PAGE 3 Tim Adams cited the development directly east of his property which was quickly built up in contrast to this development where he anticipated no more than 10-11 homes within the first year. Jim Olson stated to have private gravel roads is not the general policy, and the erosion and safety hazards must be taken into account. He added that if the idea of private roads also produces problems then this policy possibly should be changed. Hassel explained when roads are taken back by the City in areas where the roads have not been maintained, there is no developer to absorb costs. Jim Olson conn.ented that by State statute the City Council has the right to assess the cost back to the affected properties if the property owners ask the City to take over the streets. However, if the City of Orono chooses differently it may do so. The Zoning Administrator added that at present these costs are provided for in the general fund. Hannah a;,ked how frequently it would be necessary to add gravel to the roads to prevent erosion. Mr. Olson replied it would be very difficult to estimate, but depends a great deal on the base. Hammerel felt the roads in this area most likely would be maintained properly since the homeowners %o uld be paying a great deal for the lots and homes in this area. Hurr cited other areas with homes of high value where this was not the case and she did not feel the value of property necessarily indicated the home owners would properly main- tain the roads. Tim Adams stated the people buying homes are legally bound to maintain the roads. Also, property owners have only 18 months in which to build a house after purchasing a lot, at which time he will buy back the lot. Hassel expressed concern that with private roads the pro- blem of maintenance and additional costs could be tied to the City. He suggested the whole policy of private roads be reviewed. Tim Adams read from the association agreements which noted the City of Orono will be held harmless for the maintenance of the roads. Hannah noted in the Farview Subdivision the developer put in the roads, but the private road now is a city street. i Farm at Long Lake #358 (continued) MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 139 1978 - PAGE 4 Jim Olson commented if these were City streets they would `FARM AT LONG LAKE have to be at the minimum 26 ft. wide, adding that the base 820 N. Brown Rd. at least should be up to City standards because the sur- Variance face can always be brought up to Code. #358 He stated there is not a clear cut answer regarding safety, erosion and maintenance. He recommended approval of a 26 ft. wide road with bituminous surface with curbs and other erosion measures, adding that a 10 ft. paved surface on a 20 ft. wide road would be unsafe. Hannah reviewed the Commissions' concerns which were for the developer's intent to keep the area rural in nature and for the road width to be such that it will he fe for the area residents. Hassel suggested addressing the rest of the plat and if the general feeling of the Commission is to approve it, the Commission can ask the Council for guidance on the width of the road. Jim Olson stated as far as Lot 20, it accesses onto the road just over the top of the hill and it is difficult to see from the west and this situation will have to be dealt with accordingly. The Planning Commission discussed the roads within the plat. The Zoning Administrator asked about the private access from Lots 20 and 22 to the outlot. Tim Adams stated this would be an easement and that his engineer has told him that the County will not ac-,ept the plat with the easements on it. Jim Olson commented without the easements these lots would be landlocked. He also stated if there is access, even if it is a private easement, it must be shown on the final plat. It was also noted there were no locations of existing struc- tures on the plat. Tim Adams stated none of the lot lines on the final plat are any different from the preliminary plat and that nothing has changed. Jim Olson asked if the old existing house would be taken down. Tim Adams replied this will be done in accordance with Orono regulations. The Planning Commission reviewed the location of the existing structures. The Zoning Administrator stated the Orono MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 13, 1978 - PAGE 5 regulations state a minimum code requires a minimum of 3 structures are on lot lines from the property line. of 30 ft. side setback and State` FARM AT LONG 1�%KE ft. Therefore, if the existing 820 N. Brcwn Rd. the next property mist be 6 ft. Variance #358 The Planning Commission suggested tearing down the existing buildings. Tim Adams stated this is a quaint 2-door barn and he did not feel he wanted to tear down or move the ex- isting barn. He stated they will keep the sheep on Lot 19. Commissioner Hurr asked how many sheep he planned to keep on Lot 19. Tim Adams replied only as many as are allowed by Orono code. Chairwoman McDonald stated when approving a new subdivision, the Commission is not in favor of grant- ing variances. The Planning Commission indicated they wanted to know the exact location of the existing buildings. Tim Adams stated these buildings are not on the lot lines, and that they are at least 3 ft. from the lot lines. he Zoning Adminis- trator indicated he wanted to see a survey which would show the location of these existing structures. Jim Olson suggested the survey show the exact location of any and all the encroachments. Hurr addressed the pasture and wetlands easements, and that Mr. Adams indicated they abut. Chairwoman McDonald stated there are many unanswered questions at this point and suggested postponing action until the questions were answered. Tim Adams replied he wanted action tonight as to whether the request will be denied or if it will be forwarded to the Council with certain stipulations. He added that if it is denied he wanted to know why. He also stated that this request has been in process since October of 1977 and he has been bending over backwards to get the subdivision through and did not feel he should have to wait because the Com- mission wan ted more tnformation. Chairwoman McDonald stated she has felt rushed on this subdivision request since it started. Hassel stated during the approval of the preliminary plat the Planning Commission had been rushed. Hassel moved, Frahm seconded, a motion to table the re- quest until the following items are resolved: 1. if private access easement between Lots 19 and 20 should be r-corded on the plat or be included in the title 2. the private ro A width and erosion issued be resolved MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH 13, 1978 - PAGE 6 3. location of all existing structures FARM AT LONG LAKE 4. location of proposed fences on wetlands 820 N. Brown Rd. Variance Motion, Ayes (6), Nays (0). The motion passed. #358 Coimnissioner Hannah stated he felt they should keep in mind the safety aspect plus the developer's intent, and also provide the best road width that will also be safe and keep the country atmosphere. Jim Olson stated the minivuum that could be approved is 20 ft., but they would like to see about 24 ft. with emphasis on the base more so than the bituminous sur- face. The Commission discussed roads and how the City could take over the private road and pay for costs of maintenance. Hurr felt fencing the wetlands was against the Ordin- ance and suggested asking the City Attorney for his recommendation. Tim Adams asked if the Planning Commission should be in- volved in designing private roads. Hannah stated the Commission is not trying to design, but are only trying to ensure safety. Hassel stated if the City Engineer recommends 20 ft. and if the Cl mission is told by the developer this is a hardship. . .i if it is determined a 10 ft. strip is not safe, then the Commission must address this problem. Jim Olson recommended there should be evidence that each lot could support a satisfactory septic system and ad- vised the Commission to get this information before final plat approval. Hurr addressed riparian rights and asked if the City Attorney had responded to Mr. Pflaum's March 7, 1978 letter on this. The Zoning Administrator stated he has not re- ceived this information yet. The Planning Commission indicated they wanted this infor- mation before the next meeting. Hurr felt the pedestrian easement would be granting riparian rights and if the Commission stipulates the allowed uses of the lake access easements, this would be a change in MINUTES OF THE PLANNING COMMISSION MEETING HELD MARCH i3, 1978 - PAGE 7 policy and should be addressed. She thought the use of FARM AT LONG LAKE the lake should be clarified. 820 N. Brawn Rd. Variance Hassel stated perhaps the Commission should check with #358 the Council on this matter. Chairwoman McDonald stated she talked with Al Olson and that he was to get a letter from the City Attorney regarding this easement. Tim Adams stated they have evidence from another engineer that there is a satisfactory septic system. Jim Olson stated that would be another opinion, not evidence. He stated it is implied that with large lots and a rural atmosphere in Orono there is a great need for a satis- factory on -site sewage facility. Tim Adams stated they significantly changed lot lines to avoid problems with septic systems and that they have taken measures within their purchase agreements that if there is no way to support a satisfactory on -site system the potential buyer does not have to buy the lot and that they have 24 lots on 65 acres of property. Hassel stated possibly the Council could review the policy on this, adding that it is costly to drill for testing without knowing the exact location of the proposed homes. Frahm suggested there be an affidavit that the City of Orono does not have to issue a building permit on any of the lots if it will not hold a satisfactory septic system. Jim Olson stated the phosphorous discharge from a pastur, is more detrimental than discharge from other things and should be kept in mind. Hassel stated this is a policy decision which should be addressed by the Council. Chairwoman McDonald stated one of the Commission members should go to the next Council meeting to discuss these policy questions. .;ommissioner Hassel stated he would try to attend. The Planning Commission indicated they would like direction from the Council regarding the following issues: MINUTES OF THE PLANNING CO;�IMISS.ON MEETING HELD MARCH 13, 1978 - PACE 8 i 1. the requirements of the roadsFARM AT LONG LAKE 2. boundaries of the pasture and conlorvation easements 820 N. Brown Rd. 3. whether or not the access easement between lots 1.9 Variance and 21 should be indicated on the plat #358 4. clarification of the possibility of the pedestrian easement providing riparian ri.ghts for nun-lakeshore lots 5. reply from the City Attorney regarding Tim Adams' attorney's letter 6. if it would be necessary to have soil tests done for septic systems 7. if fencing of wetlands would be allowed Hannah stated these issues are very important items which are very necessary to be resolved before action is taken on this proposal. The Zoning Administrator stated that the applicant has lengthened the 60 ft. road and will be following all specs up to City regulations. He explained the plat was just a copy of the preliminary plans with drainage easements on it. Hassel moved, Hannah seconded, a motion to approve the final plat for subdivision of the property at 90 Willow Drive So. by George Jackson. Motion, Ayes (6), Nays (0). Motion passed. The Planning Commission discussed the work session items. GEORGE JACKSON 90 Willow Dr. So. Subdivision (FINAL) #334 Mr. Joe Whitney was present. He explained there were two JOE WHITNEY Hans submitted. One is for a PRD and ont, is a regular 780 Old Crystal Bad subdivision. He explained this property is a very narrow Subdivision Rid piece of property. The property has about 17.8 dry #360 buildable acres and he is proposing 8 lots. The Commission discussed the layout of the lots and the easement through the property. It was noted that not all the lots would meet the two acre minimum lot area requirement After subtracting for roads. The Planning Commission indicated they were not in favor of creating a lot which will not meet the minimum requirements, jnd chat with a PRD thet ire no lot lines as such. Mr. Whitney stated there already ,ad been some sail boring tests dine on the property. A Y G F % Y A A r of "t-li 'AS A M #--o tI-lis 19 y 4-i LY of Orono, a Mxlnicli'2-811 ct:>Lj?(:)rat !in zed --ii)der 0'13 lawn of the State of MiACCsOta (hereinafter calved "City*), And callted "Develk.,der"). W I T N E S S E T H: WiWREAS, the Dew?'Loixer has made a.,plication to the City Coi.ncil for of a plat of Iand within the corl>orate Wits of the City legally described in Exhibit A attached .-jereto and incorpor4ted herein jy referl.-C* (the A and WHEREAS, tho City Council by re&O'UtiOn 460jAed dLTIAQ*t-.(--d *.-At-i:t--'.,j as Ex'lhiblt 3 and illcorpor- ated hereby by reference, has yr&nted pr,-Iiminary approval to of y the Subdivision, on the ccnditicn that the "_,.veloper enter into this of;rtG- ri:nt to provide for the installation of e:(ivr %;ay, electric. teleplo!cr,e and gas sarvire, and any other herallrafter described on the terc.s and cor,diti-ns hereinafter set forth. I;OW THEREFORE, in consieera l icn of the prer,ises and of ti:e flu* ual ;�r� r.ises and conditicns hereiraftr-r contair.E-d, it is Y. relby as follows: 1. Ir-orover'•�nts. :n accordance with the ;,o'Wes Ord ordinances of the City, the following described irproverent• eir.after collecti,,ely called the" pr+)vf%f--nts") Shall be constructed and installed on the terms and con- ditions hereinafter contained: $I* "" A. Driveway grading, graveling and stabilizing, in.cludirg scddirg and/or seeding as required for Erosion control. (hereinafter called "street imprcvprent0, S. Driveway culverts (hereinafter called "storm sewer irprov:-ents") C. Rerr:,anert driveoay surfacing (paving) . (hire -'rafter called "perranent street improvements"), D. Standard street nare signs at all rewly opened intersections and such other traffic control signs within the Subdivision i (hereinafter called "traffic signing ir-prover.ents"); .,i E. ;nderground gas, electric and telephone service to Ce arranged f by the Developer with the utility companies involved (hereinafter called "Utility 4-iproverents" ). 2. Warranty of Developer 'he Developer t-ereby warrants and represents to the City as inducement to the City's entering irto this ayrci-r°Grt, that Ceveloper's interest in the Su�.division is vardee urk.ar cortract '.r rr..ed f^(e Zohn M. Hartwell, vendor. S�r�aLu�=e of .eve�ap�r -2• Initials �Y 3. DesIvnation of Tc~ro.:-r, nts to he installed at Developer's exrc;r,se Lly the Develciier as hereirafter provided are h,�rcir.after referred to is "Plan A Irrprovewcrits". 4. S¢CLr i X Pt-ior to issuance of ary hui lding or occupancy permits in this subdivision, the ctvcloper shall rave let contracts for and/or mm- pleted construction of all "Plan A Improveiments" r.s agreed to r�crein. S. Plan A. 'improvements. A. Irrrarever.-:nts The Developer will cc;,struct and install at Developer's .�.._.__ _ ._ ...-.. expense the following Plan A Improverr..ents acc;,rding to the follo,,Ang terns and conditions: TyR�_of TrTroverynt a. Street Tr.proverents b. Storm Sewer :r-p.► ovements c. Permanent Street icproverents d. Traffic Signinq Irrroverents e. Other - sod/seeding Total estirated corstruction cost - Plan A Tmproverents ASove estir-.ate aaproved ty Minn. Sea. # Est. C=^rstructicn Cost $ 20,COO 2,0^0 4.F-00 5.00 1,000 S 2E,000 B. Construction Plans and.•horoval Tt•,ereof It is understood and arced that the Developer has requested from tre City and the City his grv+nte4 in the approval of tt,e preliminary plat for &+e -a►ir, at long Lake "concept +;aproval" for private ipfrovemnts in keepirrq with the proposed envircrompt for the developrent-inclutIng two rural type drive*ays; North farce Road. proaidieg -3- access for a waxirrum of ten bui; iry sites ,.r,d t Fam road, providinq access for a r zzxirrum of ten to thin--.n bt,ilc.irg si* s. Tt,e developer has further agreed w: th re(jar-d to t;,, �..e !rl . ,::ys: 1. To dedicate in the final plat s,,ch PiSht of Way as ray be required by the City Engi r..r_•r, and to grant to '.he City underlying csse: -:nts .nd rights to the � .,1 is in a form acceptable to tl-.e Ci'.y Attorney. 2. That the City shall have no o51i+ration for eitiher the installation or maint--tnance of raid drive eys. and that the developer shall so inform all prospective purchasers and rwners of this provision. Furthermore. t'e Developer shall through a "Driveway !'aintc:rance ASrccerwt" rake all rEsidrnt lot ovrners personally liable for the rriirtenance and further irprcver.ent of said driveways. 3. That said reads shall be 6esigr,ed with a cr-csssection acceptable to the City Ergincer providing for a gravel surrace of ro less than 20 feet. 4. That notwith,standina f3 atFcve. the plars and specifications for the proposed Type A :r,-proverents shall allow for police and fire protection and for public safety in a r..ar,-er ccr= sisttnt with city standards for cther private driveways serving A-13 residertial lots ranging in size frow 2.0 to 4.4 acres. Oevelorer will ergage at ",eveloper's expense a Minnesota registered civil engineer to prepare appropriate drive-Aay J;ofiles, ceossections, and specifications for the installation of all Plan A I"- roverients and the des%nation and description of all rx �;tssary t(, j.c rury a!�d easements. S,.ch profiles. crossections. and specifications shall be tried V. 0 u,,on such soils inforr,ation Ord engir.r., ring survi- s as c-,rced u,-on by tk,e City Ergir,et:r and -.rd s,}f11 be consistcnt with the provisions outlircd a'Crt'e. such pions and Ic1 ,.ci fica�icrs r-,jst be gpprcvtd i � IL �y �h,e C; z 1'ngir., er^prior to the cor-r,encerent of the construction of -,.ry Pl :n A rts. C. Services to be yerfi ►t7,e4ty_ Ci ty. 1. The City will perform no wi.h respect to Plan A Irprcver•znts. D. Construction of Plan A IMrc%,ertnts. 1. Cor21etion Date. All Plan A :i;.provemxnts shall be corpleted not later than 1211178 with the exception of Perr,arent Street rs,prov- rents (paving) and the installation of gravel on the proposed Cul de Sacs. the Developer further wwrcts to the following as a condition to deferring any portion of the Perr.anent Street Improvements (paving) or the installation of gravel on the proposed Cul de Sacs: a. To furnish to and thereafter maintain with the City a satisfactory performance and payment bond in an arount deter0r>ed by tKe City Froincer to to sufficient to complete said deferred Plan A :rprover*ats. b. To complete said deferred ioproverents without delay if so re- quested by the City for reasons relating to police and fire pro- tect'on or ,:.blic safety 2. Fpproval ofContractors. Ary contractor selected by the Developer to construct and install any Plan A Iv1provet ent must be 6-tervined in writing to `e acceptable. The City reserves the right to T-4 c; ire sat- isfactory proof of successful experience ar.d adequate firar.:isl s'dtb;s by any such contractor. 3. (n •ti',: ct'cr. The . jferials, and i'�all be in oc(or�icrce with pl,ir',s +::n(i s,1•-,Jficrt'16ns approved ty the City Frgireer. The .r will cause the (-c.l.tractors to furnish tFe C•Ity Engilrear wi-.h a sc�•era'e of prc,r(jsed of-t_ratirns at least five (5) eays ,rior to cr.:,. i''.t'r_" rt of eCtStrt.GtiGn work. 4. Easerents. The C,!velcper shall uk, availal.le to t�,e City at no cost to the City, all perr:arent or t, ' ,-orary c6scr�ents ri,cessary for the installation of the ?%n A i'tRrr r c'nts, as eeter;-Ued ty ti.e City Engineer. All such easer.ents requested by the City shall to in writing, in recordable form, and on the stardart ea.serent fore of the City or on such other terns and conditions as the City shall t'etert, ne. 5. Insurance. The Developer will cause each rerscn with r,hom the Developer contracts for the construction and installation of any Plan A Improvements to furnish the C.ty with evidence of Insurance coverage (including Workmen's co:persation, liability and properly damage)if so requested by the City ';ngir.eer. 6. faithful performance of construction contracts. The Developer will fully and faithfully comply with all terns of any and all contracts ertered into by the Developer for the irstallation and construction of all Plan A Irprcver.ents. The Developer further aarr,,s that the City shall be entitled to withhold t.e issuing of building and occupany permits until ,-31 etion of 'j;a A l prove-*nts as outlined in Sections 5.0.1. and 11. 6. Hoge Nners _ _ ".c.,,lopefa,rees to Katie all hone owners responsible for the'krersh',p ird ra;rtfnarce of .Ary of the lr..provetents herein w�Jlch are not to be Ly the City for pbl it ownership and rainteran(,e execr.te a A5rct:.,, ..nt ecc.;�y attached). Su--h mairtenc ne shall Irclude ,; .t,q ct1",:r Ihir;s r+rair, replacerent when necessary, sAlow r,�r.aval, (,r�Lss rutt'nn, �d rc.' trol, clr it -up of trash and di,:bris, cosquito control, c%'or and silt rc:; .-.,val from drainaGe por.d5, and r--:cval of di`.c.sed ty—ces. if a i- csir.cui4 (.dir.- talrance standard in not rr:aintaired ty t!ie c�,r,c rs respcxs",':Ie, the City shall have the ril;ht _u t,ke ct,rr,-�ctive action it C,..:;;;►rC, riate to protect the health, safety and welf4re of 1!1.e public and to assess a,airist said hcr.eowners for all costs iricyrred therefor. Such corrective action will r)ot charge the statug of a private Ir,prov�::-ent. T. 1-•:y -III City `f.+'S r+.-iUi red City Urt'1!t'r .3y ['+_• ,,,',;): :.i? i 117i 1_y for all i hi co-;ts It liif_'lal S 1 i7C17 i�J1:)�j� '.),It not. 1 ]:l i_+•(� to 6i r'?Ct city h.3�+,�f�11 +3�7�� UV.'1-iii.f+l,J� l'l�`?� 5, 1•{' -•i �. 1� (i 1.. ) 1'tY `. ;ttl t ,7nt �7ilti y f-r. �ls and t, t,. r , Ot.ht r �>I )+..,+_.S)/);i.. � .t, � f.:i .� 1)i i! 1 ilt ,]�� i;,+il 1lli� •11)Ci �rovt�c� ritvcUrl iJ 4 Vr� fv .v �.�••��t� �.rc{,i cc p� .�(r<� !�'�[,i supplies. �'L:�vi'tY'-i.�;,r;� �ri� t;�-;+�r;f,3r•�-.z.:�r,a�.s..,....-minis to kit,��-:�i__�--zy•'-iP...= r+r 3". i" 5t'. r:tK i.t -,• ,.. 1 .. y ial Provisions. (rf not e;,oligh splice, set forth in Exhibit B atta(-1+tad _her( -to and ine:orl,ordt_ed by reference.) 9 Issuance of Building Pei ni ts. The City may grant building permits okf -d uelviat• r+t-t►€ residential structures on the lots and blocks set forth in the proposed subdivision only upon completion of the following: 5i•,r+a,ure of Developer lnit..ais of City Cierk f Aj- X A ,. �. �t i�,N � P,.,w J�LC�J •CV J/+r .y �� I_. / r «// �J w. pilot;t, � u.• ��. W•�f r�„1 {/ld is - J3 X Rc,;olutions of Cit�v. Developer agrees to be bound by the provisions set forth in the resolution of the City Coun- cil approving the Preliminary Flat attached hereto as Exhibit B and the provisions of the resolution of the City Council approving the Final Plat of this subdivision. //YI. Binding Effect. ;he terms and provisions hereof shall be binding upon and inure to the benefit of t-'tie hairs, Signature of z)eveloper Initials of City t'Ieik I'i? "I It- it:1V"s `i?Jl.l^!'S''.ors s:',(1 is'.i'.-1'jnl; of ;ir' �ii3]'tl,�i !,•'Y•'CO ani3 �11 he +>::ny �., rn .�11 ;.afore �:;�'rs ij� �11 i.,r ,,;.y ��,irt . of th,? ondi ',all 1;,� �'.,, , ;•:3 �_�:.��-n:.;,! y � :,inilli3 with t:h,i Lind. nef,_renc-es I,cr,?in to if ;'(1re t'l.-in oI)f- ;;;,311 n ,.,iCh .innt, or a short f(,r,n their,?of to 1:4,! cy -LeI t;,.velv�lG'r, at Cie option of the City shall be of I'<?(,Urd so as to jive notice hereof to subsecli:ent pui c; 1•s--•rs nc:1:,,;,:.►Fll.:cr s of all or any part of the subdivision and All rec:orriing fees, if any, shall be paid by the Developer. %L 14. Notices. Whenever in this ayri''i;,Ti_nt it shall be required or permitted that notice or der,and be given or served by eiC;er party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States rail to the addresses herei.:after set forth by certified mail (retu: n receipt requested) . Such notice or 4en-and shall he deemed timely given when- delivered personally or when deposited in the mail in accordance with the ,above. The addre .ses of tLe parties hereto are as follows, u:,til changed by notice yivcn as above: if to the City at: City Clerk and Administrator City of Minnetrista 1101 County Road 110 W. Mound, Minnesota 55364 si,j;,ature of lieveli-yer Tni tiAls of City Clt? k �. t: ' ! i i .J.'`�.?� 1�i �°-1 .a . � :J � i- .. � 1 l ., 1IJ �3 y7. Zs?il •3';t"_' t)i ,: l; V. �:it �: •I _ ...s,r•'�� ';y 14,l Dsavojcq'ji.r of t.lie t,..'1,:3 of, i11i �-ri1'., at ion of any .Jti,1i•iint.y I,-1 W.sl C•.jiLy ,r .'i l ! .>i nil(I t I -se form lice by D'-. velr of 5i_v.-1r' �,��1 ,.�t itJ.is L -i,ein with 1•ta.: pact to .illy Such rj t! .:11•.y 4Jj' -o] 1 Y tt'e 4'1 ty w` 11 release to the Deveio`.Fer. t..j:_:h �3,.L;i> i ; .-d in c sc. vw in ance with this agreement or, in c•ise a ponal bend shall Nave been filod in .it_t'otti,in a with t ii5 �3t}I. i.� tet, will tjive, upon the request of t' Developer, cvidtance satisfactory to the Developer of his performance of this at�re`rrent in accordance with its terms. Final Plat Approved. ';';,e C:ty agrees to give final approval to the plat of the subdivisio upon execution ar" CO st ;.r �N. CL..j4. delivery of this agree;-,,ent aY-��-�rf- 1 r L:n ,p i�ri�rrs, bond, � I y �.erttsjjo�t"d- -a ared---by—t :M City pursuant to the resolution by the City Council approving the Preliminary Plat. Incorporation by Referr-ace. All plans, special provisions, proposals, f.icatiuns �,nd contr:acta for tiie Sit;r:�t+ire of Developer i.1ls of City ( I#- k _'.0 - 'pop At '.Y .ally .-l'. t & ill full . ljy tilt ,11 10n Of q3;4Y the Ci I.Y wi I I •.Jt f.-.r filin(i a resaluti,n of his jjOIfC,lA,,,j)ce 1_)f this ira wish its terms. s s. and Troi Gi,,n i f i,.- i ,.)n-. The Developer !-,old hazaile-is tlhie City i-A its .:Itj(---nts 'Ind employees from and against all claim lt.),3ses or expenses, including attorney fees, which the City -.ay suffer or for which it ii,ay be held liable, arising out of or resulting from the assertion against the City of try debts or obligations in consequonce of the 1,erfor,-,aince of this agreement by the Developer, its einploy,•es, agents or subcontractors, whether or not caused in part by a party indemnified hereun6er. Covenants Concerning Title. Developer hereby war- c. Vt. 4,tls AvL(v,.,6 /A, rants that it has the property in the subdivision and warrants that there are no inortqayes or. liens filvd on the subdivision presently or as of the time of the filing of the final plat for the subdivision excopt as follow-*: s 1 (j ,,, t i, r e (): 7e v -') .;.? - r I 47l LY C i,_` I k --..W - e -6- - Nktv W* q 4 16. W Jq L.t.+rest in r op,e r t y ItO4 V" I-V4. fOr AUI by t.'** I)eV*I*Plk'*- C, ATIY Of tint t*VM4 Of this, -*IJf6*-Ak-ftt. ShAll au* -M4- iC411y felvUlt in thoo ousponsion at Mr hold�.;vq of all �xa too licenx--s. nrvv- poncy coi't x f icates or cothwr authorizat -ssvwd by the Ci ty &I. com.ction with .hv prqporty jr, tYla s4b4iviolou. he a -edieg aff*g '-d to th* City Un4or this, soft ion shall be in ac ;at -on t.o any ot. i reme-liao to whic' e-ho City "y entitled by law ujr oth.:r agrpezwt�.-A. is WALJ'a0r. tho cl.-Y a a I 1%i,4r.,4ture of I r TaI,.tlals of City C'&,-.k At t0 '-e cluly ext-etitcA on the day d1A Year f i r s t above t t kn. I In Pik-st-nce Its . -sylur And its City Clerk D"ELA)PSA And STATE OF X I.-*N ) so. CCAM-TY c F hf.10"VEPIN ) f"O"Ing jaAktruownt was this day ad by ArA - Mayor &�xl C%LY Clerk, r--4�vctT4e1V*' of t ty. -4f--6r -XA0m*tA surj.-ipai ccorporAtior.* 0a t,eha I f of the ~iclpol corper&tica. .-.A- - ;04ww / too CITY OF ORONO, MINNESOTy MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 The Orono Planning Co -mission met on the above date with the following membtrs present: Commissioners Hassel, Frahm, Wilson and Chair- woman McDonald. Commissioner Hurr, Ha-nmerel and Hannah were absent. Also present was Zonine Administrator Hank Muhich, Mayor Brad Van Nust and Councilman Norm Paurus. Tim Adams, developer for the project, was present. The Zoning Administrator referred to the crass sections of the road which had been submitted by Mr. Adams, and informed the Commission that Jim Olson, City Engineer, had called him earlier that evening and was in agreement with all the provisions except the details on Exhibit T which did not note sufficient ditches. He also referred to the March 17, 1978 memo from Al Olson which was in reply to the Planning Com- mission's request for direction on certain policies f ron the Cou. r ` l . He informed the Commission t it Mr. Ae •-s had submitted his revised plans on Thursday, Marc.-'`.3, 1978. Chairperson McDonald refvt : ed to Item #4 of Al Olson's memo and questioned if private ease- ments, on -site acceptability, legal document language or provisions necessary i.- implement policy are technical matters and .nould be determined by staff as indicated ;n the memo. Tim Adams stated the private easemients indicated can these plans were no. part of the original plat, adding that his attorney and ,e Citv Attorney have worked on an agreenk z in an attempt to preserve pedestrian circulatioLa without raising the question of the water issue. Commissioner Hassel asked if the pasture ated conservation easement would be public and could be used by the owners of another lot with the understanding this property would be a Link to the lake. Manor Van ;hest replied the limits on the, con- servation ease -sent only prevent the owner freer building, filling, t-tc., but allows the City *tic- right to use the easement for storm water drainage. ATTc';DAN�:E-, 3.. ,. T IM ADAMS FARM AT LONG LAKE 820 BROWN ROAD SOUTH SUBDIVISION (FINAL) a317 Craznntisssir.tner Frahm noted the pedestrian easement ,'-,es not ,give the people the right to go to the ,ake. but only the right to go up to the "sauent. MINiTES OF A PLANNING COMMISSION `:EETI':C HELD MARCH 2i11 1978 - FACE 2 He asked if it was included in the covenants that the owner of the ease" --It --,ist ,give people the right to use the R ase:ne=nt LO L�c to the lake. Mr. AdaT:s replied the pasture easement only runs to the wetlands. Mayor Van Nest commented the private easements were not part of the preliminary approval. Commissioner Hassel asked the Zoning Administrator to interpret the Ordinance regarding horses. The Zoning Administrator replied the Ordinance requires a minimam of 3 acres per horse in this zoning area. However, the issue could be addressed considering the whole property as one rather than each lot individually. He thought horses could be addressed with a conditional use permit so as to allow the horses with the understanding the City promotes a rural atmosphere. He stated that in the past they have allowed 2 h,-.rsors can a 3 acre parcel. Commissioner Wilson cotmented that according to the Ordinance the owner of a 2 acre lot could not have a horse unless he owned 2 or more lots. Co=issior_ Hassel stated he was hesitant to allow horses when the Zoning Ordinance does not allow horses. Tim Adams stated the private easements are not on the plat, and that they have not included them frr approval, but only for information. The Zoning Administrator commented the easements show what is included in the legal documents. Mayor Van Nest thought private: easements could be addressed by the City Attorney and that basically this plat is consistent with what the '-ity wants. Comiaiss.oner Wilson stated he was unclear as to the Plannin Commission's jurisdiction in this matter. Councilman Paurus stated if the Planning Commission wants to set certain conditions on this plat it may do so. Commissioner Hassel brought up the question of how the City might guaranty the huildableness of the property when it approves a subdivision. He commented that .any building permits would be subject to satisfactory septic system reports. T I M A DAMS G-'-KM 'T ('*:G ''-WE ::a1% ," iin' t1 Councilman Paurus s t : t --d that 11 approving a subdivision the lots would have to be subject to MINI,-rF.S OF A PLANNING COMMISSION MEETING HELD MAKCH 271 1978 - PAGE 3 City standards. TIM ADAMS FARM AT LONG I.,AY E The ;!�oning Administrator stated that Ji-n Olson 41317 has concerned about the drainage of the road, (con 't'► He added, however, that Tim Adams has indic.:ttc-d he will take care of the drain Sze per ? Ol son' s reco-mnenda t ions. Commissioner Frahm questioned the private easements and asked why some easements are addressed and some are not just because they are private easer;:c:its. Tim Adams asked to move the pasture security fence can the wetland conservation easement. The Zoning Administrator state' it would be better to fence the hearses to keep them out of the mud, etc. He also stated that variances would be required can the existing structures. Tire Adams corwented there will never be any -c�struction next to the existing structures ex:_ept for a driveway. Mayor Van Nest stated the City has granted technical v$x:,ances in the past, adding that variances are to protect adjacent property owners. In this case these buildings already are existing; and anyone interested in buying this property could already see these buildings. This would be a 27 ft. variance if the north lot line of Lot 15, BIL'-k 1 was moved I� ft. to the north so as to conform to the State requirements. Chairwoman McDonald asked about keeping the present horses. The Zoning Administrator stated the horses kept on the prope-•y now are an existing situation and that a new property owner would have to come in for a canditional use permit and possibly a variance if the lot is not large enough. Mr. Adams stated he would t)e happy to work with the City ptaff on this. There being no further discussion, Commissioner Hassel moved, Commissioner Frahm seconded, a motion to recommend approval of the final plat fc- subdivision of the Farm at long lake, with the understanding the approval does not include reference to the pasture, wetlands, flowage and conservation easements or the matter of riiarian rights, and sub je-t to the following conditions: MINUTES OF A PLANNING COMMISSION MEETING HELD MARCH 27, 1978 - PACE 4 1) The construction of the road be approved by TI"! ADAMS the City Engineer and that the road be a FARM AT LONC LAKE 20 ft. wide gravel surface with 2 ft. of #317 sodded surface and drainage ditches on (con't) either side; and 2 ) The cul-de-sac have a di a -A ict er of 100 f t . and the private roads be 60 ft. wide with an underlying easement to the City; and 3) A variance be granted to move the fence on the wetlands; and 4) A 27 ft. variance be granted on Lot 15, Block 1 and the lot line be moved 1k ft. to the north to allow for the existing barn and garage; and 5) A 24 ft. variance be granted on Lot 19, Block 1 to allow for the existing metal shed; and 6) Payment of the park dedication fee; and 7) A variance be granted to allow for the construction of a 6 ft. dock on Lots 7 and 16, Block 1, but that there be no dock to benefit Lot 6, Block 1; and 8) Exhibit T be modified in accordance with the City Engineer's recomrrndations; and 9) A side yard variance be granted on Lot 19, Block 1 to allow for the existing !yarn; and 10) Conservation easement over the wetland; addressed to the City; 11) Technical. matters such as private easements, on -site acceptability, legal document language and provisions to impl, i,nt policy to be approved by staff. Motion - Ayes (4); Nays (0). The motion passed. The Zoning Administrator presented the mylar of the Tanglewood Addition and reminded the Commission that he sent both the preliminary and final plat to them because the final plat had been changed. Commissioner Hassel asked if the City Engineer had any questions on this. The Zoning Adminis- trator stated they only have comments by the previous City Engineer and the MCWD whi.:h indicated that the culvert he constructed to provide adequate drainage. There being no further 6iscussion, Commissioner Hassel moved, Conor:issioner Wilson seconded, a motion to recommend approval of the request by JaRzes La�,,rence for approval of the f ina l plat of the Tanglewood Subdivision with the same conditions as are include! in Resolution 866. JAMES LAWRENCE TANGLEWOOD 1550 S I XTH AVENUE NO. SUBDIVISION (FINAL) #323 31-7 4c-7" /fcr f dPJIPtA Cps� i-/Aa�� e4r4VI 6SA 9 -,jo r"ut Ac4 o,&ir r,.J r.* %Sw - r4t v I rw CIO, I&A. us.;A dip. A -to Ci --s ]ter-Aiod"r(Ik► . 06-6 Is OrWA crime 4A.ol� F � t � sc �. !�►" � � Gov /sew �,�"� ___.__ W, OwAwmt - 04V 1,4., 777" A,, t,- w Ct.NaR(j t•Dw[ • :Oww( w gIDN[v *aww0ws .."OLD D tl0.jw al a(h lLCwi ♦...,...a D rttwtat wG MQwwi{ .. 'rtw,.aw a[Qwo[ w[1L,* Yi,.Ae( a 1♦KlwNorr DXD w CO■ s+[t...tN w orlwNM CMawits a r. a.s NA wc. C Dwt-tw LOw,.L .i NA't fi4r'.• Ot OqO[ / 1rls Li arwh *..[ is f wt Ow.0 • wOVIENOLa+• ",(wept D 040L,.f[w LEONARD. STREET AND DEINARD NINNEAOOIIS. MINNESOTA S54OZ April 10, 1978 Mr. Bruce Malkerson Popham, Haik, Schnubrich, Kaufman. 6 Doty, Ltd. 4 344 IDS Center Minneapolis, Minnesota 55402 Re: The Farm at Lang Lake Dear Bruce: � Pw. • a x-.1 r.g.. 4aYfiwq;l • r • n • i � ... t . C � Tim Adams has delivered to nua a copy of the draft form of subdivider's agreement as marked tip by you and him, and re- flecting subsequent discussions he has had with the City staff at Orono. I have prepared a red -lined copy hhow►inq changes from your draft. I assume you will contact me after you have had a chance to review the same. I have also prepared. per Tim Adams' request, a redraft of the flowage aria conservation east-ment and the declaration of covenants with reftrence to the pasture easement, to reflect changes negotiated with the City Council as relayed by Tim to me. I ►..Ave, fcF your cunverience, red -lined these changes as well. Finally. in accor ,ance with Tim's request, and pursuant to a request from the Planning Commission. I have prepared the declara- tion of private driveway easement and the driveway maintenance agreement covering the same for the private driveway to provide lots 20 and 22 with access to West Farm Road (Outlot C). Very truly your<., LEONARD, STREET AND DEINAPD Stepiten R. Pf laum sure cc: 'fir. Titlu,t_hy Adams /lr. Al O)son, City Planner N FXHIBIT COVENANT FOR MAl"'JENA:dCE OF DRIVE�4A'1 EASEM1111T North Farm load, The Farm at Lot1L.i'r, .HIS COVENANT made this day of ._______—, 191761 by and between the undersigned, who -ire all the okriers ci record of the following descri and in the City of Orono. County of Hennepin, State of Minnesota: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, 'Al. Firm, at Long Lake , according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State, W I T N E S S E T H: WHEREAS, Own(s) Lot 1, Owns) LoL Own(s) Lot 3, Own(s) '"ot -+, Uxn(s) Lot 5, Own(a) Lot 6, Uan(s) Lot 7, own(s) Lot 8, Uan (s) 1.o t 9, and Own(s) i.ut 10, i11 I" 111:)& 1, 7"w Farm at Long Lake ; and WHEREAS. there exists a non-exclusive eaasen:ent (i,ureln- after, "said easement' ) for driveway. ingress allu e6res::, and utility purposes over and across Oi:tlot li, The if".. at Long Lake (also) knowi1 a:: Kurth I`arr: wad) a:, ;et that cert«ii.n Dc ir,ftiull ul Uri%ewa: L"Se;-A11L 19 ;'S a.:J t : lt-k� Document. No. +:� WHEREAS, the purpose of said easement is for a cu:=,on driveway serving said Lots 1, 2, 3, 4, S, 6, 7, 6, 9, and 10, The Farm at Long Lake ; and WHEREAS, said common driveway is not a dedicated road- way and the City of Orono ha:, no obligation to maintain or s---iice said roadway; i'OW, THEREFORE, in consideration of Une Dollar 01.00 in hand paid by each of the parries to each other, receipt of which is hereby acknowledged, and of the mutual cove- nants, agreements, conditions and stipulatiun•i herein con- tained, IT IS MUTUALLY STIPULATED AND AGICED ljy and bctween the parties as follows: 1. That the parties hereto do hereby acrnowl4. .: the existence of said easement and the existence of the conanon driveway. 2. That the parties hereto will and do hereby assume and agree to ody a proportionate share of the costs of main- taining the co i :- veway over said easement described herein, said proportionate snare to be determined by divid- ing the total costs of maintenance and repair (including, without limitation, the costs of cleaning, snow removal, surfacing anu resurfacing) by the number of lots adjoining Uutlot B upon which construction of a house has begun, and that each party hert'to :;hall bucome liable fur thr saiO pru- portio.iate share frow and alter the date of this ae•.ree,-�VIIt ur the date h,)use const.ructiun begins on his%her,their lot, .,,;.chvver is latL!r. 3. Each of the owners of i. _ut describc6 herel:At hereby covenants with each of the owners of all of the other lots described herein, and cacti owner of a lot describes! herein, by accept :e of u deed therefor, .:net:ier or nut it: shall be so expressed ..n clh conveyance, small be and hereby is deemed to cov,....,nt with the ;:hen owners of all the other lots described herein, that t:e; ..hc/they shall promptly when due his/her/their pruportionatc share of the costs described in the preceding paragraph. "i':e costs described in the preceding paragraph shall bL a personal obligation f the person or person:; who arm Lhe: u ;,er(s) of such lot at the time when such costs we.ec incurred, an,: said obligation shall not pass to his/her/their successors in title unless expressly assumed by them. 4. This covenant shall run with the lanI and shall be binding .,:• and inure to the benefit of the parties heretu, tti-.ir 'iei:— representatives, :successors and assig:s. IN WITNE:,S W, ' OF, the parties have hereunto e:.ecuted this ceven:::it the and year flcst abuve rritten. Owner(s) of Lot 1 Owner(s) of Lot ' (. ( i Owner(s) of .. -t ? Owners) of Lot 4 Dwricr(s) of Lot 5 Owner(s) of Lot 6 Owner(s) of Lot 7 f)wner(s) (.)T- Lot 6 Uwner(s) of Lot 9 Cr,nier(s) of Lot 10 STATE OF MINNESOTA ) ) Ss. COUNTY OF liENNLI'14ol The foregoing i.lSL,:ument was acknowledged before me this day o 19 7 owner(s) of Lot I. utary u STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ac►cnowledted bef.,re me this day of , 197_, by STATL OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) this owner(s) of Lot 2. ,Notary TUTI icc The foregoing instrument was acknowledged before me _ day of 197_, by owner(s) of Lut s. Notary yam'-u�3�c� STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoint instrument was acknowledged '.�efore me this day of 197�, by _ - owner(s) of Lot 4. ___.---------yot 1.. v Pudic STATE OF MINNESOTA ) ) 53. COUNTY OF HENNEPIN ) The foregoing instrumwnt was acknowledged before me this _._ . day of 197 _. by owner(s) of Lut 5. _ ___ .ota'ry Tub7.*Ic STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this — day of , 197_, by owner(s) of Lat b. Notary F'u iT c - - STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowl:edged before me this day of , 197__, by owner(s) of Lot 7. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 197 _, by owner(s) of Lot 8. iota- ryubl c STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of .__.._.. 19 7 __ , b;r uwner(s) of Lot, 9. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1 197___, by owner(s) of Lot 10. --- c Lary P blic This Instrument was Drafted by: LEONARD, STREET AND DEINARD-W-U, 1200 National City Bank Building 510 Marquette Avenue Minneapolis, Minnesota 55402 cXHIBIf �. COVENANT FOR MAINTENANCE OF Dit I VE'WAY EASU.41:NT West Farm Road,- The: Farm at Long Lake THIS COVENANT made this day of 1978, by and between the undersionecl, who are all the owners of record of the following described land in the City of Orono, County of Hennepin, State of Minnesota: Lots 11, 12, 13, 14, :5, 16, 17, 18, 19, 20, 21,22 and 23, Block 1, The Farm at Long Lake:, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State; W I T N E S S E T H: WHEREAS, owns) Lot 11 own (s) Lo t 12 Own (s) Lot 13 owns) Lot 14 own (s) Lot 15 Own (s) Lot 16 Owns) Lot 17 Owns) Lot 18 Own(s) Lot 19 owns) Lot 20 Own(s) Lot 21 Chan(s) Lot 22; and own (s) Lot 2 3, a! 1 in Block 1, The Farm at Lonu Lake; anI WHEREAS, there exists a non-exclusive easoment (horeinatter said easoment") for driveway, ir►grvas and c:7re,3s, and ut.Llit • purposes over and across Outlot C, The Farm at Long Lake, (also known as west Farm Road) as set forth in that certain Declaration of Driveway Easement dated 1978 and filed 1978 as Document No. ; and WHEREAS, the purpose of said easement is for a common driveway serving said Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, The Farm at Long Lake; and WHEREAS, said common driveway is not a dedicated roadway and the City of Orono has no obligation to maintain or service said roadway; NOW, THEREFORE, in consideration ^f One? Dollar ($1.00) in hand paid by each of the parties to each other, receipt of which is hereby acknowledged, and of the mutual covenants, agreements, conditions and stipulations herein contained, IT IS MC:UALLY STIPULATED AND AGREED by an;l between the parties as follows: 1. That the parties hereto do hereb,• acknowledge the existence of said easement and the existence of the common driveway. 2. That the parties hereto will and dt: hereby assume and agree to pay a proportionate share of the costs of maintaining the common driveway over said easement described herein, said proportionate share to be datermined by dividing the total costs of maintenance and repair (including, without limitation, the costs of cleaning, snow removal, surfacing and resurfacing) by the number of lots adjoining Outlot C upon which construction of a house has begun; and that each party hereto shall becn:rw liable for the said proportionate share from and aftor the date of this ayrocment or the 'ate house construction beytns or, his,'hor/their lot. whichever is later. -2- 3. Each of the owners of a lot described heroin hereby covenants with each of the owners of all of the otter lots described herein, and each owner of a lot dGSCribLd herein, by acceptance of a deed therefor, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then o,•mers 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. 'ihe costs described in the preceding paragraph shall be a personal obligation of the person or personi who are ;.'r:e owner(s) of such lot at the time when such costs were incurred, and said obligation shad not pass to his/her/their successors in title unless expressly assumed by then. 4. This covenant shall run srith the land and hall be binding on and inure to the benefit of the parties hereto, their heirs, representatives, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto axecuted tihis covenant the day and year first abo-ve written. (i Owner(s) of Lot 11 ( Owner(s) of Lot 12 t i Owner(s) of Lot U Owner(s) of ilot 14 Owner(s) of Lot li Owner(s) of Lot 16 Owner(s) of Lot 17 owner(-;) of Lot lS Owner(s) of I.ut 19 Cwnur(s) of Lot JO Owner(a) of Lot Zl Owner(s) of Lot 22 mwner(.0 of LotZ] ( ( ( -------------------''--- --�----- ( < ( ( (--------'---- -- ---- - — - - ( ( ( ( (--'---'--------------------------------- ( ( -------------------------- ------ ( <---------------------------' --------- < ------- < ('--- ------ ----------'- < (- --'--------------- - ---- -�- - ( ( -- ---- -------- ---' - --- - STATE OF MTNr1ESOTA > COU14TY OF HENNEN 1N ) The foregoing instrument ,*as acl:na::lt d,ed Lefoi: :,.ie this day of 1'' 7_, `)y OW114_r(s) Of Lot 11. .:ocary . F is - STATE OF MINNESOTA ) ss. COUNTY OF IIE14NEPIN ) The foregoing; instrument ..;as b(-.forQ me this day of 197_, by o.z,er(s) of Lot 12. - --Notary fu�)lic STATE OF MINNESOIA ) COUNTY OF HE&NNEPIN ) The foregoing instrument was acknowled6ed before :..c this day of , 197�, by owners) of Lot 13. Notary F'U*.)Iic STATE OF :dIN:vESOTA ) ss. COUNTY OF HENNEVIN ) The foregoing instrui:wnt was acknowle.ig;ed before -w this day of - 197.._. b csw::�r(Sj of L.:L tic,tsry svlc: STATE OF MINNESOTA j ) SS. COUNTY Oi' HEN:,LP IN ) The fore6oi.ng instrument was acknvaledged before r,:c this .� day of 197__, b, tar i' uL l i c STATE OF MINNESOTA } } 5S, COUNTY OF HENNEPIN ) The foregoing instrument was acknuwledgec be:orc r.e this _ day of _ 197y, by ou-ner(s) of Lot l . No P igC STATE OF -:INNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrLwient was acknowledged before n�i Lhis day of , 197 ,, by ,__ ownei(s) of Lot 17. .:otary�u�iicy _ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing, instrument was acknowledged before ^.c this day of _ 19 , by of "ut le. STATE OF :-• I:N:NLSUTA j ss. COUNTY OF UL:NI:LPi.N ) The foregoing instrument was acknowledi;c:d be :or : ::,c this clay of 197 b --- __ __�-__---_--•-- o'.mcr(s) of Lot 19. _ :.ut srv�i u�Zic STATE OF MININESOTA ) ) ss. COUNTY OF HENPNEP I:: ) The foregoing instrument �•ras ackno ledi,ed beiurc Te this day of , 197_, by owners) of Lot 23. ,---- :tiotarry�u� is STATE OF MIINNESOTA ) COUNTY OF HE:N:NEPIN ) The foregoing; instrument was acknowledged before c.ie this day of , 197, by _ owner(s) of Lot 211. :.otary Public ATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing ii. tru:-ent was acknu•.,ledi;ed before: r.: this clay of - w lyi_, b.r owner(s) c'. Lot STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 197, by owner(s) of Lot 23. Nc tary Publ1C _. This Instrument was Drafted by: LEONARD, STREET AND DEINARD-HMM 1200 National City Bank Building 510 Marquette Avenue Minncapolis, Minnesota 55402 Hank Muhich City of Orono P.O. Box 66 Crystal Bay, JL 7 �OMB5-KNUTSON ASSOCIATEa'TNC. Minnesota 55323 December 8, 197, Subject: The Farm at Iona i.,ake Dear Hank: We have reviewed a revi4ed preliminary plat on the subject project. The preliminary plat included drainage easements, a dedication of 33' of rinht-of-way alone the length of Dakota Avenue, proposed drainage patterns, the locatior cf drainage structures and a centerline road prnfile. With respect to the submitt,•1s, we have the following comments: 1. Some relatively steep road qr.a-ies are provided (in excess of 7%) on both West Farm Road and North Farr.? Road. Ono could expect considerable washinv if a gravel road is proposed. We would not recommend slopes over 6* on Citv streets, but our understandinq is that the proposed streets will be private. '"he developer should strongly consider blacktoppina, but we will not require it at this time since the streets will be private. However, we do recommend that the draina:.ae ditches adjacent to the street be sodded and check dams he provided to control erosion alonq the roadway. i :'e have reviewed tillflennopin CgUnt.`.' sc,11 f?I, ps t)I'c al"e for the subdivision. Although some slopes are excessive (in excess of 12*) and some rlencoe and liamel soils are present, it appears lat each lot has ample suitablf• soil for an on -site treatment systems. 3. Hennepin County has exoressc°ri some concern relative:: to the location of the intersection of North Farm Roarl and County Road 6. The Council's approval of the prelimin,-iry stiNii-ision should be contingent on Hennepin Count 's ,:It'IIrr..i1 of the intersection. IJIM UI SitM kit %K-M$AL N16414AV. M11410 4M?LIS, MI NNESI.)TA :A411 TtLtPNQNF 461/1 tpbga ;100 12 NORTH MAIN SMUT. NUTCHINSON MINNESOTA 56JW TELEPWAI 46121 879*329 SOUTHWEST ENGINtERING DIVISION, MAMSHALL. WAINESCITA 'ASM TtLEPWAA IWII SJ2 WO Hank Muhich December 8, 1977 7 Paqe Two 4. The proposed drainage structures were not sized in the submittals. Before the final plat is approved, we recommcne that the applicant's engineer submit drainaae calculations and detailed plans for our review. Tf you should have any questions, please advise. Very truly yours, Mc BS-FNVTSON ASSOCIATES, TNC. GF:ts r' R-*� -- 3 -z -?fir AMOS S O[IN•gD MCtvIN .. sILGLI SiUNEr LOPB[P •IONcr eANPOwS NAPOLO D FIELD JP ALLtN I S•CIIS MpggIS .1 SN[gMA.. OEOPO[ NEILLW MICHAEL • SWIPNT)I • 0AVID N COX ST EPM[N 0 PF LAUM C M•q Les A. MAWS NANCV C OWE NEP LOWCLL J. NUTCOOOM GEOINGC F M.OUNN-liLt. Jw FPILOPIC T "OSE1,18-ATT !T[v LN D. DLqultEP •• r-.rrtcts LEONARD. STREET AND DEINARD %10 MAPOUCTTE AVENUE MINNEAPOLIS. MINNESOTA $6408 TELEPHONE '6121 )SB 1200 CABLE ADDRESS LEONt) January 25, 1978 City of Orono, Minnesota Attn: Bruce Malkerson, Esq. c/o Popham, Haik, Schnobrich, Kaufman & :)ot,, 4344 IDS Center Minneapolis, Minnesota 55402 Re: The Farm at Long Lake Gentlemen: 3!7 eK#1.4 /7- 0 •T[PNcN J DAVIDSON STC PHLN w L. T-AN c OwA00 M MOEPSFtlOcw PUetwT 19WI{ a♦Pwpws t tOUN � SPFYr M PA • u • • L P .. rC .••1' 1. ♦ •.[.: _•« 6ut04wr L OANL O[OwOc • It ONAwO nHL I*SO. ...«mow , .. {•wLc• n•FF ,cell w/ YT !. ,t t OL•NAwA I,e{•r•{{I at COuw{[L ,at -It SCOT• We have examined title to that certain land situate in the County of Hennepin, State of Minnesota and described in Exhibit A hereto, by aid of a Registered Property Abstract covering Certificate of Title No. 4724050, dated December 30, 1971, and originally registered August 19, 1931, and lAst certified to by Title Insurance Company of Minnesota on December 21, 1977 at 7:00 a.m. Rased upon examination of said Registered Property Abstract and upon the files and records in said County and State, it is our opinion that title in fee on December �1, 1977 was vested in JOHN M. HARTWELL, a married person, subject to the following: 1. Mortgage and Assignment of Rents, Profits and Sales Proceeds, in favor of First National Bank of Minneapolis, a national banking association, dated August 25, 1977 and filed August 31, 1977 as Documents Nos. 1235285 and 1235286, to s cure a debt in the original princip:�i amount of $125,000. Z. Interests of Timothy Adams and Mary S. Adams as lessees and op- tionees under an unrecorded lease with option to purchase date) June 28, 1969 and an extension and modification thereof in a Memorandum of Lease dated August 31, 1972 and filed September 14, 1917 as Document No. 1237292. Said interests extend to Lhe land described in Exhibit B (which land is within the land de6,:ribed in Exhibit A) and to a drivewav easement o•ter Land not within the land described in Exhibit A. City of Orono, Minnesota Page No. 2 Jar.uary 19, 1978 3. Interests of The Farm at Long Lake, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole general partners, under an unrecorded Contract for Deed dated August 25, 1977, in the original principal amount of $130,000. Said interests extend to the land described in Ex- hibit A, except the land described in Exhibit B. We under- stand that upon filing of the plat for the subdivision The Farm at Long Lake, Timothy and Mary S. Adams will quitclaim to the partnership The Farm at Long Lake all rights to land in the subdivision and, in exchange, will receive Lot 15 of the subdi- vision, which is the Adams homestead. 4. Highway Easement in favor of the County of Hennepin, dated July 3, 1954 and filed August 25, 1954 as Document No. 432938. Said easement is along the northerly boundary of Parcel 2, Lxhibit A. 5. Hennepin County State Aid Highway Number 6, Plat 5, dated September 1, 1970 and filed September 1, 1970 as Document No. 976842. Said plat relocates the highway easement along the northerly boundary of Parcel 2, Exhibit A. 6. Real estate taxes pavahle in the year 1978 in an amount which is not yet available. 7. Special assessments and deferred installments thereof, if any, heretofore levied against the described property, prepayment of which is not yet enforceable. 8. Building and zoning laws and regulations. 9. You should assure yourself that improvements are located on t'.e described property and that there are no encroachments thereon. 10. You are, of course, charged with the rights of parties in possession, whether as tenants or otherwise, and of materiale.en and laborers who have furnished material and performed work on the described property within the last ninety (90) days. 11. The Owner's Duplicate Certificate of Title is in our Possession. NOTE: Proceedings Subsequent to the Initial Registration of Land (Case No. A-189i:3)were commenced on January 2'j, 1978 to amend the legal descriptions in Exhibit A as follows: a. To the end of the legal description for Parcel 1 add "a part of the north line is monumented by Judicial Landmarks set in Torrens Case Ao. 12396." City of Orono, Minne sour Page No. 3 January 19, 1978 1). To the end of the legal description for Parcel 2 add "a Pact of the west line is monumented by Judicial Lan&.!arks set in Torrens Case No. 12396." The above additional lanttuage should be used on any future conveyancing docu- ments. The pending proceeding also prays for the extinguishment of the hi;gh- wav easement rientioned in comment 4 above. Very truly yours, LEONARD, STREET A14D DEINARD Hu.;h M. Haynard lODI : ms Attachment c:_: Mr. Timothy Adams Mr. John N. Hartwell E.UIIBIT A Land Covered by Certificate of Title No. 472405 Parcel 1: That part of the fractional Soutl-east quarter of Section 27, Township 118, Range 23 beginning at the Suu_hwest corner of said quarter section and thence running east on sec- tion line to shore of Long Lake, so named; thence northeasterly along the shore of said lake to the east line of said section; thence north on said east line to a point situated 13.94 chains north of the south line of said section; thence west parallel with the south line of said quarter section to the west line of said quarter section; thence souLli 13.94 chains to place of beginning containing 55 acres more or less. }'arcel That part of the Southeast Quarter, Section 27, Township 118 Range 23 described as follows: Beginning at a point on the East line of said Section 13.94 chains North of the Southeast corner thereof; thence West parallel with the South line of said Section, 17.85 chains; thence North parallel to the East line of said Section. 13.07 chains; thence South S9 degrees East (assuming the East line of said Southeast Quarter as bearing North and South) 10.75 chains; thence So, 64-1/2 degrees East 5.08 chains; thence North 88-1/2 degre Last 4.06 chains to the Last line of said Section; thenc South 5.91 chains more or less to the place of beginnitl . EXHIBIT B Land Subject to Memorandum of Lease dated August 31, 1972 and excepted from Contract for Deed dated August 25, 1977. That part of the fractional SE 1/4 of Section 27, Township 118, Range 23 described as follows: Commencing at the Southwest corner of said SE 1/4 of Section 27, thence East along the South line of said Section a distance of 1525.5 feet to a point, thence North along a line drawn through said point at right angles to said South Section line a distance of 200.0 feet to the point of beginning of the tract of land to be described, thence South a distance of 200.0 feet along said line drawn through a point at right angles to said South 'ection line to a point on said South Section line, thence West along said South Section line a distance of 328.5 feet. to a point, thence North along a line drawn through said pr-Int at right angles to said South Section line a distance of 2E,,.O feet to a point, thence East along a line drawn through said point at right angles to said last described 280.0 feet line a distance of 207.8 feet to a point, thence along a line drawn through said point Southeasterly 144.9 feet to the point of beginning and there terminating. Together with the right of view and access Lo Long Lake. &441 - 3 -2 - ? k LE1rER to C/ry A7 6MLJ5 5. Or'NANCI M[LVIN N. b!EO[L S'ON[+ LORd1CR 51 ONCT OARROWS ) AROLO O 1.9 LG. JR ALLEN 1. SAEKS MORRIb M 9HC N.aAN G[ORO[ NI'iLLY M.CMA[L • SWIRNO,► DAVID N Cl�a ST[PMCN fi PFL-JM CMARLES A. MAIrS NANCT C. 0 .HER LOW[LL J. N01C 000" /R[DRIC T ROSENR=.A.T STIEV[N O. OL PUTTER LAW QFF,r.ES LEONARD. STREET AND DEINARD 1700 •IAT!ONAI CITY BAN" N!J'L t'�N'.: StO MAROUETTC A+1 NV[ MINNEAPOLIS. 1.4INNE50TA 55402 !f LtF'MOHr ,p,7: l �o February 21, 1478 Bruce D. Malkurson, Esq. Popham, Haik, Schnohr.ich, Kaufman & Doty, Ltd. IDS Center Minnuapolis, Minnesota 55402 Re: The Farm at Long Lake Dear Bruce: STl PMrN J 6AYtU50N STI N P I.. T MAN t• RGJ@CRT 1l. W.S OANN.1 /yg [: GfiN J SP[N'f.w JN M jr,M M 4A♦N AP 1. M ff_..A 1'. A NI. .+ f In accordance with our discussion last week, I am enclosing herewith the documentation we have urepared for Tim Adams covering the above -proposed subdivision. For your reference, the 11oeuments are as follows: 1. Declaration of Covenants covering the entire subdivision, and including several private easements for the benefit of homeowners in thi_- subdivision alone. 2. Preliminary plat and a copy of 7,11m, Adams' >k;�tch locating approximately the proposed easements described in the declaration. (Br.uca Kelley of Clark Engineering will prepare a new survey, showing all of the easements or. the Adams sketch and contained .in the declaraticn, upon com- pletion of the proceedings subsequent this week. Upon the preparation of same, we will forwar:i to you a copy for your file.) 3. Utilities Easement -- this Litletcs the standard language from your declaration regardi.nq dedication of streets, in— asmuch as the streets are private. Otherwise it follows lour format. 4. Cons(-rvation and flowage East.ient -- this permits contin- uance of the pasture land use of the flowage easement area. Otherwise, 4 follows yoi.!r standard for^it. Bruce D. Malkerson, Esq. -2- February 21, 1978 5. Declaration-r�atinq privy ti roaclwa•.• easc.m, nt f r Ncrth Farm Road. 6. Covenant for maintenance of drivewa*, ease-ment covering all the users of North Farm Road. 7. Declaration creating private roadway easement For Pest Farm Road. 8. Covenant For maintenance of driveway easement covering all the users of West Farm Road. 9. Title opinion to t :y of Grono covering all of the land to platte The Farm at Iona Lake. Finally, you asked that we outline for you the work that Tim Adams has agreed to do L. CUnnection with the ..i. lo,, .-., nt of the prope,ty. My understariing ig that he has agreed to do the following, which should be inco . "tPd in ,,our development agreement: 1. Grade and -ive North Farm Road (Outlot B) commencing In June of 1978 and compieting the same (except for final surface coat) ou or before September, 1978. 2. Grade and pave Wert Farm Road (Outlot C) commencinq at. a poin* 600 feet east of t: western terminus thereof. Work is to commence upon ..est Farm Road when building permits have been issued on houses to to built on at least two of the following lots: 12, 13, 14, 16, 17, 18 and 21. The work is to be finished in a timely fashion thereafter. 3. Sow and raise grass suitable for erosion control. in the graded areas on either side of the road beds of North Farm Road and Wes,. Farm Road. I am aware that Mr. Adams has had a number of discussions wth his contractor and with the City consulting en;lineers (McCombs -Knutson Assoc- iates, Inc.) regarding the Above wirk. If you require a greeter degree of preciseness as to the ro;. ' work, I believe Mr. A.'ams can provic:t the sari. If you require any addi-lonal documents or language, I assume you w411 be in touch with us. My underst-a ding is that Mr. Adams is t:) make final Bruce D. Malkerson -3- Ft aruary 21, 1978 presentation to tte-- Planning C'onmissicn can r,!I-:ruary 27 and he is required to ha*,•e all papers approvod by ! ou by ' arch 8 in time for a Council mee ;ing on March 16. would appreel ate your inform- ing me whether these deadl inns cause -ir-.y problems for inu. Very truly yours, £F.ONARD, STREET AND DF.rNARD Stephen R. Pflaum SRP:sa Enclosures cc: Mr. Timothy A:Ia^is ♦ • YI-A.IA i' ,vor'v I npy Aill.l.l•:It•I1AVINCo. At►nn,up,.Ii, PURCHASE O HALA GRLEN' r 1ItiK—buyer'sltrwr►pt m_,r,_V - 3 —2 —Ar L.Uny Lake , Itil;�,1, , 1978 h 1-r 1:I VLD OF the surn of t s ) DOLLARS check IChdek. Cash or Nut* fitatr Ne6icb► as earnest money and m part payment for the purchase of pruperty at City of Orono ......................... sltuated In the County of Mennen f'1.............................................. , Sratc of Minntrst,ta, and IcgAlly duticnbedX#*2aG ,M&K on Exhibit A attached hereto and incorporated herein by reference. r-.-.mows.-T. �c•+c�rr►-ate, aha,lrs, hlu� s �n hLnds), currain rook, travcrse nkls, drapcty —lti, 1191.IELL U valbs, plumbing fixrures, hot water tames and heating; pan rs ra t r Itr cy apment used In connection there. wi(h), water softener and li uid gas tA 11 1 t 1t• pro 1rr +1m11, n.It•vr�1n,j antenna, Inurltr- ator, (,1;rlr in ge a Isposal, ovens, ct«►k tvp srosts .url cr nrral air urrh ItltWu tip, used an 1 all of which property the undcrslhned has this day sold to the buyer for the sur of. %hLh the huycr Agrves to pay in th(: f,)Uowing manner: ($ ) lx)t.IAAS, Earnest money herein pAw S andAxXXXXXXXXitic]L*$3oXXXXXXXXXXXXXXXX*"XXOC66tkalo the balance in the sums and in the manner, and subject try, such additional terms and conditions, all as are set forth iri Exnibit B attached hereto and incorporated herein by reference. Subject tit perb,miance by `fie buyer the seller avers t,. vxrtum anti 1l' . %era _� _ __ __ ____ -- WAffArity I)red (tu be twined in by spouse. if any) conveying rnarre!able title n, utd 1-!vt11ltes %,)!,irir only f„ the toli,,winr rtfcpr,on% (a) BuoRestrictions ti and vonllAti n,t laws. or,fitwntes. Stare f .111 real to h. ttt ''% g) DL-cl rat�o� teCtive (b) Resttictiurts relAtinl{ of use or impn,vetnent of pnnu.rs without rtirtr,%c („rtt,t.ur 1+rosiuun ,li3iliiflt8 c�Tl ter (c J Reservatiun cif any minerals or minetal right% to the .Mate tit Almne-s„ ., (d► Utility and drainalre rasetnents which tit) n.,t interfere with present imi+rovrmcnrs of 1}Ch 13 dltc�ChE'tj hE'retot�s (e) Rights •of tenants A% follows tunics sixtifed• not subject rt) tenanttc%) DdiIIJit C. ($e-o at1;,ached drawirk. The buyer ►hail pAy the real estate (AAC% d11e in the year 11) *fill Any unpaid installments t i stwt. Al aA%t::,l,ents tut;vl,ir litr,e,. i,h and therrafter. Seiler wartants that real estate rAties due in the year 19 will be hun►eueAJ ttas►►ticAtnat i 1101. partial , r ntm Mtturwrad - -slate whi.l 1 Neither the >;. 11^t nor the sellers anent make any (h•pieuntatv-n t•r warrant♦• ahatmoever rimtrrnine the atn,+•-nt of real estate taus which shalt be assessed attainsf rile pnfperty subsequent to Ow JArr of purchase 0 Woo..».�... s +-t1W++�,� f + sil-A+4.skt ,, Af 1i 44"- .0.3«+ +... ' bpi lis I -i is "-- -_ �.wJrArt -al+at -wilr.s.,n.i«...«...►-t1s.., .-»..»..w am t IAustwa/t..►-++t.._:.t.-..�r...c.a....t.-.,i sou.....wNtwat-►wwr.r+aa.+w.t.air w,rtei sty.+: fw slat- ttl.e� .+t N v.Pww.w�hs o 16- i--a.tawa•- ++r__. The seller shall, within a I'Monahit' time after -q{ i •A) of fief aivfetincnf. hitnish An AhStrArt try 11"' :+t A h. .iatrt:I f'rutactry Ab%tfait Certified tit date r„ include pruprt searthrs ,,•lfcrull. bankrut+ttic% And `rail And fctlrrai ,11�1t•rltf,its at' ! I+rt„ Stir husrt Shia 1.- allowed It.) JAys Attcr receipt thereof for esAminAtam of sat,f title and the in,okitil, tit Am tolswiti. at% rht r, n , ►a,a ..4+,e, rt, n% r.i l•r mA,lr 11, writing fit deemed to fie NAivvJ. 11 any ultjec11f1n% Aft -too (Wade the o-vtf %hall IY- Allt.ar.I 120J i%. t., n,d4e %trih trt:e rt%,t\Ct.at•.[C PrnJitti curreetion tit rule the pavments hereunder required sbW tic• 1x,i11,:ltli-:, hilt ut-ii wtretrinn %)f title and wuhit- !t) ,lots After .written n,Ki.e to the buyer• five patties shall perform this atcrrrntenr Attording to Sri t:rm%. It Said title is nod 111Aiketable And is not math Y, %%ithm 1.10 das'% ir,-rn the ,late tut wrlttt?, + 11W0i:,n% thercit• Al Aft..'%C [stt,%t%!etl, flit; aiert<mrnt shall lie null And void. A, gvvin ,•1 the buyer. Anti fit ithtIt 1`int,t[tAl :ilal' lie I,Ahle t-,r fiattl*Ct% lurr ;11,ier i the ,lfhrr lsrlih,laf All moony ihrretiif,ite paid by vl.e buyti shall iV refun,lt:l It the mle f,• %to,i I,tf,perfy live toout'd nlAil,lt.thle .,r Iv- frfade vol"I' ♦a sAr 1 time, and Said I'iiytr %hill defdtilt in any of five Airteenirt11% an..l tonrinite in ,it tAvlt L+l t pett,al r,t ill IA%% !Iotft AnA in 11141 laic rim ief[r,'r inay irfminAtr thi, rontta,t Anil ,in ttuth termtnati.•n all the pivirwrots tna,it ul. n this „•ntratt shali fir wf.,ntf• I ki %Aul sePt•r And %.11.1 Aet f:t, A% their respective intriorsrs may Appear. As ltquidateJ damaces, time !-etor ,I flit' t%=.t n. irer.•14 '1111% pt,,. t, IP,1ia!i 1 "t .L vrive .,,her {•.ter% , f the petit of enfortui,; the %perthi tuff ,rmArue tit thi, t„nrf.ttt prnvldt•'i %ittli t• ntrait %has: ma be it-mmi.fre,I As Aft.rrsa;,?. and t*rf %r,ted A fi, n it) enforce %uth epecitir petformanee shall lv commen.r>t within %it nit -nth, .art-r Stith ni;hi of atta,n t,hall Arr%r It is un-tersto xl and aitteetl that this %fir is n►a+lv %Milo f t t., thr 1•% rise .•arvtr eft %Apt pferlr).trs In -A fitin►t An.i that tht- wt.', SIX IMI Anent is in 1141 mAntic r liable of ►eslx,nsible on atti.unt ut ifits A+:'t, illeftt. r (94 " return ,`f At tMinl (t'r the rArfte,t ml.tu"% 1. A„1 bn. if this t„111ract The delivet► t,f All ;silvers And monies %hall be made At the ulfite of. 1. the un,ler•.,ie,ted. owner tff the Atwive land. du herelvy aj�1 r%< the above .a teernttit and the %tilt there`•► madle. THE FARM AT LONG LAKE, a Minnesota General. Partnership (>rAt ► 14 !ter Y*moth Ada.ma , Y By Amw hrrelss agree h) t4it, tta%c the •ar.i t,.. lse,;'s jet, the 1- 'Ir" ap,n the trims Ai"" ment!.Mred, mad subfc%t ,,t 1 ; •ni herein r1, prrsaed. B, , ttt,re. 1SkAll i FYurnTn "All This Exhibit A is attached to and incorporated in teat certain Purchase Agreement dated 1978, by and between rchaser, and THE FARM AT LONG LAKE, a Minnesota General Partne, p, Seller (herein "said Purchase Agreement"). The land sold and to be conveyed under said Purchase Agreement is legally described as Lot The Farm at Long Lake, a subdivision to be developed by Seller in the manner set forth herein, all locates: and being a part of that tract or parcel situate in the City of Orono, Hennepin County, Minnesota and described as follows, to -wit: That part of the fractional South-east quarter of Section 27, Township 118, Range 23 beginning at the Southwest corner of said quarter section and thence running east on section line to shore of Long Lake, so named; thence northeasterly along the shore of said lake to the e:,st line of sai section; thence north on said east line to a point situated 13.94 chains north of the south line of said section; thence west parallel with the south line of said quarter section to the west .lint- of said quarter section; thence south 13.94 chains to place of beginning containing 55 acres more or less; and That part of the Southeast Quarter, Section 27, Township 118, Range 23 described as fellows: Beginning at a point on the East line of said Section 13.94 chain= North of the Southeast corner thereof; thence West parallel with the South line of said Section, 17.85 chains; thence North para- llel to the East line of said Section, 13.07 chains; thence Suuth 59 degrees Fast. (assuming the East lint! of said Southeast Quarter as bearing North and South) 10.75 chains; thence South 64-1/2 degrees fast 5.08 chains; thence North 88-1/2 degrees East 4.06 chains to the Fast line of said Section; thence South 5.91 chains more or less to the place of beginning. (herein "said premises") . EXUBIT R RIDFR 'rO PURCHASE' The attached Purchase A(jret-n;(,nt datrrd , 1978, by and between . Purch,-iser, and THE FARM AT LONG LAKE, a Mimic -A,a (1-ne.ral Partnership, Seller, (herein "this Purchase Agreem►.nt"), i, � ubjec.t. to the fol towing additional terms and conditions: fr. Purchaser has inspected said premises (with, if Purchaser :;o elects, a contractor of Purchaser's choice) and fully familiarized him:;.1l' with t_he c;,,rnt!. Seller makers no iepre,#:rtation t)r warranty as to soil conditions or of h,_r m•_att(,rrs r ojar<li„g said 1)r-'1.!ml.,;os not `il!-oi i1c.,1i ly ,e,L forth here'ln. Pvlrcha:;r•r shall have t-he right, train and after tho tl.cte of this Purc-h,:se Agreement, to onter upon :; iid incl :.;oil tests t:herc,on, all at Purcha•;t.r's 1,wn c:Q.;t. ,►nd-�Xpc•nse?. Pirrchasc:r shall hold Seller and said 1.ind harmless from any and all mechanic's .and riaat(•r ialwen's liens r,:•sirl t. i ny from activity of ;,Arch.iser rind/or Purchaser's engir, ?Cs :tnd/or Liurvt`_,,,Ors under the preceding sentt-nce. In the event that Purchaser determines that soil t.onditions on ;.yid promises —1satis- factory, in Purchast.-r's sole Purch:rser may eloct to terminate this Purchaise Agreerkl�nt bi so notifying Seller of such fact in writing by letter lx)stmtrked within days of the date of this Purchase A.trvemt:nt. In the event Purchaser terminates this Purchase Ac,rc�emeant as :aft,rvsaid, all earnest mor.ey paid ht-r,•irndNr shall be promptly r.. fun(?ed to Purc•haier, whereupon this Furcf-i.e3 Acts-e:ment shall become :and 1•t• nu1t and void. EXHIBIT B RIDER TO PURCHASE AGREEMENT The attached Purchase Agreement dated , 1978, by and between I , Purchaser, and THE FARM AT LONG LAKE, a Minnesota General Partnership, Seller, (herein "this Purchase Agreement"), is subject to the following additional terms and conditions: I. Seller has obtained preliminary plat approval from the City of Orono (herein "Orono") for division of said premises into The Farm at Long Lake Addition, a subdivision in the form attached hereto and incorporated herein by reference as Exhibit D (herein "said plat"). This Purchase Agreement is contingent upon Seller's being able to obtain final plat approval from Orono in the form of Exhibit D and record said plat, all on terms and conditions of development imposed by Orono and acceptable to Seller, in Seller's own judgment, and all on or before May 1, 1978. Seller shall notify Purchaser in the manner herein prescribed on or before May 1, 1978 that Seller has completed the items described in the preceding sentence. The date postmarked on the letter so notifying Purchaser hereunder shall be described as "the Notice Date". In the event Seller is unable, or elects not to proceed with said plat and the contingent sale hereunder made, and so notifies Purchaser in the manner herein prescribed on or before the Notice Date, this Purchase Agreement shall thereupon be null and void, and all sums advanced by Purchaser to Seller hereunder shall be promptly refunded. (In the event said plat is recorded prior to the date of this Purchase .Agreement, the date of this Purchase Agreement shall be the "Notice Date" hereunder.) II. Purchaser has inspected :;aid premi.-3es (with, if Purch•i-•,°r so elects, a contractor of Purchaser's choice) and full'..' RIDER TO PURCHASE AGREEMENT (Continued) himself with the same. Seller makes no representation or warranty as to soil conditions or other matters regarding said premises not specifically set forth herein. Purchaser shall have the right, from and after the date of this Purchase Agreement, to enter upon said premises and conduct soil tests thereon, all at Purchaser's own cost and expense. Purchaser shall hold Seller and said land harmless from any and all mechanic's and materialmen's liens resulting from activity of Purchaser and/or Purchaser's engineers and/or surveyors under the preceding sentence. In the event that Purchaser determines that soil conditions on said premises are unsatis- factory, in Purchaser's sole jud.;ment, Purchaser may elect to terminate this Purchase Agreement by so notifying Seller of such fast in writing by lette.- postmarked within _ days of the date of this Purchase Agreement. In the event Purchaser terminates this Purchase Agreement as aforesaid, all earnest money paid hereunder shall be promptly refunded to Purchaser, whereupon this Purchase Agreement shall become and be null and void. III. In the event Seller elects to proceed with the development of said subdivision and this Purchase Agreement, Seller shall proceed forthwith to develop said premises in accordance with the conditions of development required by Orono: A. Seller agrees, all at Seller's own cost and expense, to substantially complete all things required of Seller by Orono, including, without limitation, construction of North Farm Road and West Farm Road as described below, and the installation of public utilities (telephone, electricity and qas only) in the North Farm Road anci -2- RIDER TO PURCHASE AGREEMENT (Continued) West Farm Road easement areas, promptly, delays occasioned by the weather, labor and/or materials shortages and stoppages and other matters beyond Seller's control excepted. Purchaser wil assume all costs and expenses in connecting to the utility lines provided in the North Farm Road and West Farm Road easement areas. Purchaser understands that Seller is not providing sanitary sewer or water service to said premises, and that Purchaser will bear all costs of construction of a private well and septic system on Purchaser's lot. B. North Farm Road shall be graded and constructed with not less than an 8" gravel base and a 2" blacktop surface, or its equivalent load bearing capacity. The base shall be approximately 14 feet wide and the surface approximately 10 feet wide. The first 600 feet of West Farm Road (com- mencing at its intersection with Brown Road) shall be constructed with an 8" gravel base 14 feet wide (but no surface coat of asphalt). The remainder of West rnrm Pjad shall be constructed similar to North Farm Road. .:filer does not intend to construct West Farm Road beyon,; t,',.a drive- way serving Lot 15 until such extension is required to provide access to Lots 16, 17, or 18 when the same are sold. Seller shall defer blacktopping North Farm Road (or West Farm Road, as the case may be) provided (a) all Purchasers of lots adjoining said road who have scheduled construction during 1978 shall agree to such deferral, and (b) all such Purchasers contribute pro rata to the Seller such sums as Seller, in Seller's sole judgment, deems necessary ver all additional costs incurred in so deferring such work. Any sums remaining after Seller has completed and paid for the work described in the precodinq sentence shall. be divided pro rata amonq such Purchasers by Steller after payment therefor. -3- RIDER TO PURCHASE AGREEMENT iContinued) IV. Seller has made the continy-nt sale herein to Purchaser on Purchaser'. express representation that Purchaser is buying the lot hereunder solely for the purpose of constructing a house thereon for Pur- chaser's personal use. Purchaser further represents to Seller that Purchaser has fully familiarized himself with the Declaration of Covenants, Conditions, Restrictions and Easements, copy of which is attached hereto and incorporated herein by reference as Exhibit C. In particular, Purchaser represents that lie has reviewed and understands Article VII of said Jeclaration, "Building Design Approval". A. Purchaser undertakes to submit for written approval by the design committee in th•, manner specified in said Article VII (herein "design committee"), Purchaser's building plans and specifications for Purchaser's house within 1 year from the notice date. Purchaser undertakes to commence construc- tion on his house within 6 months after final approval by the design committee, provided that by such date (which is 6 months after the approval of the design committee), Seller has rough graded and graveled either North Farm Road or West Farm Ruad (as the case may be) providing access to said premises. In the event Seller as not completed the road work described in the preceding sentence 6 months after the date of approval by the design committee, Purchaser shall have 6 months from the date Seller (a) has so completed said road work, and (b) has notified Purchaser of such fact in writinfl, to commence such construction. B. In the event Purchaser's plans and specifications are rejected by the design committee, Purchaser shall have 60 days from the date Purchaser is notified that said plans and specifications were rejected, to modify and resubmit the same. -4- RIDER TO PURCHASE AGREEMENT (Continued) C. In the event (1) Purchaser fails to submit building plans and specifications within 1 year from the notice date, or (2) Purchaser's plans and specifications are rejected by the design committee and Purchaser does not obtain design committee approval for revised plans re- submitted to the design committee within 60 days of the date said plans and specifications were initially re- jectod, jr (3) Purchaser fails to commence construction on his house within 6 months after the date of the approval of the same by the design committee (or 6 months after the completion by Seller of road work and notification to Purchaser of that fact, whichever last occurs), or (4) Purchaser desires to sell said premises to a bona fide buyer before Purchaser constructs Purchaser's house thereon in accordance herewith, and Purchaser gives written notice thereof, then, in each such event, Seller shall have the right, by giving written notice of the same to Purchaser within 10 business days of the event described under sections (1), (2), (3), or (4) of this sentence, to repurchase said premises for the same price as Purchaser has paid hereunder. Seiler shall inform Purchaser in Seller's notice under the preceding sentence as to the time and place of closing on Seller's repurchase hereunder, which shall be within 30 days of the date of Seller's notice to Purchaser as aforesaid. On the date of closing for the repurchase of said premises, Purchaser shall convey title to same by warranty deed in proper recordable form, and Seller shall pay Purchaser the purchase price therefor in cash. RIDER TO PURCHASE AGREEMENT (Continued) D. In the event one of the events described in the preceding paragraph C occurs and Seller does not exercise Seller's right of repurchase thereunder, Purchaser shall be free to sell said premises to any other buyer, subject, how- ever, to the provisions of said Article VII (which require such buyer in turn to obtain approval of the design committee prior to the construction of a house thereon.) E. Each of the provisions of this Article IV shall survive the closing hereunder, and bind Purchaser, his heirs, succes.iors and assigns. V. Purchaser is paying S _ as the purchase price herein, in the following manner: A. S down payment on the date of execution of this agreement; .3. $ additional down payment within 10 days of the Notice Date; C. $ balance of the purchase price hereunder on or before days from the Notice Date. The date of payment of the balance of the purchase price hereunder shall be the date of closing. on the date of closing, Purchaser shall pay interest on the balance of the purchase price hereunder at the rate of __% per annum, commencing as of the Notice Date. Purchaser, at the time of payment of the then balance owed hereunder, shall deposit with Seller S _ to cover Seller's costs in repairing the roads damaged during the construction of Purchaser's house. Seller shall remit the balance of said S (if any) promptly after such repairs (if any), or, it r;,� such repair is requireu. in i- RIDER TO PURCHASE AGREEMENT (Continued) Seller's sole judgment, upon the completion of Purchaser's house. Purchaser further agrees to pay promptly on demand by Seller any additional sums paid by Seller in excess of said deposit for the repair of damage to the road caused by construction of Purchaser's house, if such costs of repair exceed such deposit. VI. Purchaser shall pay before penalty attaches thereto all real estate taxes due in and after the year following the year in which this Purchase Agreement is executed. Purchaser shall also pay special assessments (if any) due therewith and thereafter. In the event such real estate taxes and special assessment; are not subdivided into the separate lots Purchaser is buying hereunder, Seller, on or before the date such taxes and special assessments are due, shall pro rate the same on all of the lots of said sub- division (other than outlots) and notify Purchaser of Purchaser's pro rata share of the same in the manner herein prescribed. VII. Purchaser s'iall not be given occupan-y of said premises, and Purchaser shall not commence any improvements of any type thereon, until Purchaser has performed as required hereunder on the date of closing. VIII.Seller shall hold the earnest money herein in a segregated account until the Notice Date, or until the end of the soil testing period described in paragraph II nerein, whichever date last occurs. At any time after the last -cvrring date described in the preceding sentence, Seller may, and Purchaser hereby authorizes Seller to, commingle said earnest money with Seller's other funds, a:,d to apply the same to Sel-er's general expenses of developing The Farm at Long Lake. IX. Any notice or elections herein or by law required or permitted to be given or served by either party hereto upon the other shall be deemed given or :served in accordance with the provisions -7- RIDER TO PURCHASE AGREEMENT (Continued) of this Purchase Agreement if delivered personally or if mailed in a sealed envelope by United States registered or certified mail, postage prepaid, addressed as follows: Seller: The Farm at Long Lake, a Minnesota General Partnership c/o Timothy Adams, a General Partner 820 Brown Road North Long Lake, Minnesota 55356 Purchaser: IN WITNESS WHEREOF, the parties hereto have executed this Rider to Purchase Agreement as of the day and year set forth on the attached Purchase Agreement. THE FARM AT LONG LAKE, a Minnesota General Partnership Seller: By: f5iithy Adams- a Ger.era-l� Partner Purchaser: CLARK ENGINEERING COMPANY 2815 WAYZATA BLVD. � MINNEAPOLIS, MN. 55405 ; (612) 374-4740 FRANK G PRANKOSK V JA ft"" "tt ►ANDat I M CICI JIMD BRAUCMER Ya* AN1+MN C"ARLESI MANSE% Mich 3, 1978 City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: THE FARM AT LONG LAKE Gentleman: LARRV G %kVURiRv BRUCE R KILL E A,Wc 44 DAVIDN btENA� A� V-. t EbLit G RENSIC -LER A WKYt\ The proposed plat, "The Farm at Long L0•e", contains a drainage way ►ihic1', will be crossed by the driveway to be conI,tructed on Outlot C. It is proposed to provide a corrugated metal culvert to accommodate this drain- age. Because there is a relatively large area drained into the plat from thz west and north a drainage st6dy was conducted to determine possible peak flows ana adequate culvert sizes. Becau,c: the backup of flood waters to a height somewhdt over the top of the low point in the driveway would not cause damage to buildings nor flood basements, a design storm frequency of 10 years is considered con- servative. The watershed is divided into two parts. The first is that which drains to Brown's Lake west of Brown Road ar:d the second part is that which drains from the north. The two parts have distinctly different runoff patterns because the first has storage in the Lake and the second has direct runoff. In a stony situation runoff from the north will peak long before runoff from the west. The attached drawing shows the pro- posed plat and watershed. The outlet from the Lake is d 24 estimated that a 10 year frequr raise the lake about 3 inche, , cu. ft./•.ec. of flow. The nur'.-,I peaking in about 20 minute% at j I I L_ CONSULTING ENGINEERS STRUCTURAL • CIVIL LAND SURVEYING ::'ir culvert under, P,►otivn Road. It is ,,torw of 60 minute duration will 4pptii would contribute about 1.4 It -a Will Lnnuibute an amount ►-dti ;I altaut IA8.'1 cfs. 400 SI BL E Y ❑ ST PAUL, MN. 55101 (612) 291 7000 u 310 SOUTH LINCOLN STREET ABERDEEN, S U. 57401 (6061 22b-:3494 City of Orono March 3, 1978 Page 2 A 24 inch CM culvert at a hydraulic slope of 2, will provide CdPilCity of 20 cfs; therefore, we recr,,-,. end a 24 inch CLAP culvert in this loca- tion because it will accommodate a ten year storm runoff. It has been recommended to the Owner that, even though the access is a private driveway, that it be furnished with an adequate bituminou.; sur- face to prevent loss of base material. A modified rural section is con- templated with sideslopes no steeper than 3 to 1 and shoulders at 2%. Where runoff is consentrated it should be controlled with bituminous swales or sod to prevent erosion. At other locations where drainage is to be directed across the drive- way, 12 inch corrugated metal pipe culverts sloped to provide a mini- mum 2 ft./sec. velocity, will be adequate. All culverts should be furnished with apron end sections at each open end. This information is to supplement the preliminary profiles and grad- ing plan submitted at the time of preliminary plat consideration. Ver truly your �? Z__�7 Bruce R. Kelley, P.E. BRK:ja Enclosure cc: T')e Fawn at Long Lake CLnRK EN6INEFRING COMPANY [� 2815WAYIAIA BOULFVARU ❑ Mttgr4i l+P011'_;• MINN. 55�U5 L] 1��171 37a 4740 *#4 DATE Tt- cc ' f ,• — 3 — 2 G — '? P' CLARK ENGI, :A ow, COMPANY 7 7815 WAYIATA HOUJA VARD MINN[ APOL I i 1.11NN °a,,,4% i612; -174 1-1r I i - A C i • FOR 1 ! M ..... ___... _ .. ... by _. _. _ _, .. ..... Ar ..- t - B,I T CLARK ENGINEERING COMPANr _ Ib15 AAYIATA BUUt k VARfn MINNEAPO IS k4INN ,5405 ifiI2 114 1 T t • -,A a� F L r "''t1►rRyy�sr�..• '� •; j may``. t �;.ree _`1 7c, -,RK ENGINEERING COMPANY L: 2$15 WAY ZATA HOUL E VARU ~MNNE APOL IS MINN _,54M 1612I 314 474(l rIII L-VA Scale 1' - 100' Iron Monument �•4 so OUT L0� PROPOSED DESCRIPTION Lot 19, Block 1, The Farm At Lo.-01g Lake CERTIFICATIO" I hereby Certify that this plat was preWred by mv nr unoer I*v direct SuperviSion and that I am a duly registered I -and 'urwevor finder the I laws of be State of Minl►t�ot� .+ DATE ���i � Ili REG. NO. `,713 -s i PR[ PM E D LOT 19, BL O K i>ww wry. - 3RS T14E f ABM AT L '4G L A ► . t FOR TIP AIDAMS ,. x �..- 7p39 __ 7t- CLARK ENGINEERiNC COMPANY ❑ 281SWAYZATA SOULEVARD �_ MINNEAPO I IS MINN 55". r' (6121 ?ta .1 '. LA d� e O �• 7 4� •irs L•sT of. C,S? os wS1�UC,.i. 'w 67 E: s+4 4' sE f Nr,IE ! 4 EAST IVS M4Vyf LOT 15 8LOCK r INf-• Ira tt. E.rKiO�r- V #31 NOTL 1. Barn - 1 foot rnof overhang. al;o a nayloft overhang, 1.2' wt^'r North line of Lot IS. 2. Garage - 1 foot roof overhang. 0.6' Within North line of Lot 15. Scale V - 130' Denotes I rm Npriwer t PROPOSLI) OfSMIPTION Lot 15. Block 1. The Faun at Lang L4ke CERTIFICAl1ON I herebv Certify that V' 'I s plat was Drrpared by one or ur4er my dire( supervision and that I afr a July reyi stered ;and Surveyor under the laws of the State of Minnewta,. BY: _ - QA7 : wi w. 5713 G*W. WI&Y �` r PROPOSED 4OT I5, BLOCA I ''Ni FARM AT LONG :LAKE 1L T.JM. Ate. ti MN! wCIE CITY OF ORONO HENNEPIN COUNTY, MINNFSOTA S1.'AnIVTDFR'S AGREEMENT FOR 74 me_ 24- I t V THIS AGREEMENT, Marie and entered into this _ day of ✓ , 19 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, (ht-reinafter rill-- "Subdivider"). h I T N E S S E T H: WHEREAS, the Subdivider has made application to the City Council for approval of a plat of land within the corporate limits of the City described in Exhibit A attached irFreto and incorporated herein by reference (the "Subdivision"); and WHEREAS, the City Council has granted preliminary approval to the Subdivision, on the condition that the Subdi- vider enter into this agreement to provide for 'he ir:�,tallation of streets, utilities, pathways, landscap- ing, and any otht,r improvements hereinafter described on the tt-rms and conditions hereinaftr=r :set forth. n Signature of S,ibdiviler Initials of City Clerk ri NOW, '. H!:R':FORE, in cons i dA-a *ion of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Improvements. In accordance with the policies and ordinances of the City, the following dr>scribed improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions herein- after contained: A. Site grading, including all necessary erosion con- trol procedures (hereinafter called "site grading improvements"); p. Street grading (public or private), graveling and stabilizing (hereinafter called "street improvements"); C. Storm sewers, including all necessary culverts, catch basins, ponds, inlets, channel improvements, and other appurtenances (hereinafter called "storm sewer improvements'); Saniyky sewer laterals or extensions, including all nece• ary i ng services and other appurtenances (here- inafter ca "sang. y sewer improvements'); hater ai.n laterals or extensions, including all neccssa • buil nq ervices, hydrants, valves and other appur- tenances r nafte alled "water main improvements'); F. Permanent street surfacing, including curb and gut- ter (h(--reinafter called 'perr.inent street improvements'); G. Standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision to be installed only by the City (hereinafter called "traffic signing improvements'); V signature of nevelope= Init ials of City Clork c. H. Landscaping including houlevird �od?!Irjy z:;d improve- ments, finished grading, fencing, srr.,oning, sodding, se —ling, berms, and plV ings (hereinafter called "landscaping improve- ments"); IVII) _��a s and sidewalks (hereinafter called "pathway and side-mi,ro ments"); J. 1, g ing improvements including street lights, path- way light n , dri ---,.-ay and parking lot lighting (hereinafter called "l t.ing imp em•.,nts"); K. tlndergroyt� as electric .end telephone service to be arranged by the Wi+�with the utility companies involved (hereinafter called "utility inn rovements"); and L. Other improvements. 2. Wa.rant,►__of Subdivider. The Subdivider hereby war- rants ,nd represents to the City as inducement to the City's entering into this agreement, that Subdivider's interest in the Subdivision is VV4CG -Ak _y/ (indicate whether fee owner, vendee under contract for deed from named vendor, or other vested interest. Prior to Final Plat Approval and execution of agreement, a title opinion must be provided to the city and all persons with any interest in the subdivision must execute this agreement; contract for deed venders, mortgagees and others with a claim of title or who hold Equitable title must agree to allow the Subdivision to t,E r-rig ;*:bF-red by the t -r ms of this agret-_meet. ) J signature ouL>Aiwid�r Initials of City Clerk s 3. Designation of Improveinents. Improvements to be installed at Subdivider's expense by the Subdivider as herein- cer provided are hereinafter referred to as "Plan A Improvements." 4. Bondinq. Prior to issuance of any building per- mits in this Subdivision and prior to the installation of any improv, ments by the City or Developer, the Developer shall deliver to the City Engineer a "Performance Rond" acid/or "Penalty Bond" in an amount equal to the total amount of all bonds required as set forth hereinafter. 5. Plan A Improvements. A. rovements. The Subdivider will construct and install at Subdivider's expense the following Plan A Improve- ments according to the following terms and conditions: Construction plans, specifications or contract for improve- ment attached and incor- porated herein by Estimated Con- TUe_of Improvement reference as exhibit: struction Cost a. Site grading improvements b. Street improvements c. Storm sewer improvements _d. - Sani Lary.. sewer i*}+fo%%e- ments Signature of 96b4413er_ _-__...._._ t n i t i ads t? TC :Ly crir t__..._.___ Construction plans, specifications or contract for improve- ment attached and incor- porated herein by Estimated Con - Type of Improvement reference _as _exhibits struction Cost e. Water rovem f. Permanent street improve- ments g. Traffic signing improve- ments (to be installed by City) h. Landscaping improvements i.. Pathway and sidewalk improvements i ovunen k. Utility improvements 1. Other TOTAL ESTIMATED CONSTRUCTION COST; PLAN A IMPROVEMENTS Above estimate prepared by name) a registered _ 00< nn. Reg. S` B. Construction Plans and Approval Thereof. The Sub- divider will engage at Subdividers expense a Minnesota regis- tered civil engineer to prepare detailed plans and specifica- tions for the complete installation of all Plan A lmprovc,ments Signature of Subdivider initials of City Clerk in accordance with City standards, including preparation of est' ates, special contract provisions, preparation of proposal forms and designation and description of all necessary tempor- ary and permanent easements, which shall be attached as exhi- bits as met forth in paragraph SA. Such p' :s and specifica- tions shall be based upon su,_-h engi.nt:e! �:,g purveys, including such soil borir:ys and material testy determined to be neces- sary by the City Engineer and must be submitted to and be approved in writing by the City Fndineer pr'or to thenefteew— OfA_4141-�, The Subdivider through his engineer shall provide for competent daily inslFction of all Plan A Improvements, both public and private. Inspection report copies shall be pro- vided by the Subdivider's engineer to the City Engineer on a weekly basis. -Ae-tmi 2 t d2^dWifigS with "service ,�n a's _ olr�pr�rLu m ari8 certi f i ca t —co rgipl et i on an c�corr.- -p}}artee +►it�t s etfi cet icmm &pprvved_..by_,&bie" City shall also `MI- deiive-red to the City in the form and contort approved by - t?ig *'Stp ll»d �ha 1 I bA nppro-fAd by the City F.n« i n, E, r . C. Services to be Performed by City and_Payment T'? r�.•foz. (1) With respect to Plan A Improvements, the City will (a) review and approve the Subdivider's sevuring all necessary permits; (b) make periodic inspection of construc- tion methods and materials; (c) make final job inspections; and (d) review and approve as -built drawings and service ties. 6000� Siynat►;re of Sli►.,(.:ivider Initials of City C]erk (2) For su,,h services, Subdivider will escrow with the City a sum Nquai to 3% of the total construction cost of all Plan A Improvements at the time of the ex cution of this agreement. The Subdivider will provide the City F.naineer with true, accurate and complete information as to bids and all construction costs. Upon completion and the City's final acceptance of the as -built drawings and service ties, the City will remit to Subdivider any amounts reJ7,aining after the City has charged against the escrow account all expenses incurred by the City for the above services and for any other reason- able expenses incurred by the City relating to the construction of Plan A Improvements. In the event that the charges incurred by the City exceeds the escrow amount, the Subdivider shall pay to the City the excess within 30 days after receipt of a statement therefor. The City Engineer will execute the certi- ficate of substantial completion after the City receives all amounts due. D. Construction of Plan A Tmorovements. (1) Completion Date.t 1 Plan A Tmprovemants shall �� be completed not later than � � l.'�� � , 19 (2) Approval of Contractor. Any contractor i selected by the Subvider c to onstruct and install any Plan A Tmpiove;rent must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require Fatisfactory proof of successful experience and ade- quate financial status of any such contractor. - (3) Pre -Construction Conference. W�f�c-.+ ,s. s sr eA S i gnat urc of SubAi vi Tnitials of City Clerk (4) Construction. The construction, installa- tion and materials _sha_ ll be i n Act.-o-r:aTice wi th t he plans and specifications approved by the City Erijiof-er. "he Subdivider will cause the conrractc.rs to fuenish the Cit; Engineer with a SchrAule of proposed opt: -rations at ]cast five (5) days prior to of construction work. (5) Cross Sections. Upon r�uest by the City Engineer, the Su&Jivid�r chaff cause to be furnished to the City Engineer for his approval crass sections at fifty (50) feet stations of all streets in the Sulolivision after initial grading. No construction of storm sewer, sanitary sewer, watermain or utility improvements shall be conwienced until the initial grading cross sections are aplroved in writing by the City F.ngin,ryer. The Subdivider shall cause to be fur- nished to the City Engineer in Mriting a statement or contract document indicating the contractor who is responsible for regrading to the approved section after the completion of the storm sewer, sanitary sewer, watermain and utility i r,_•rovements. AN All of the work shall be under and subject to the review and approval of the City Engineer and, where appropria*e, any other governmental agency having jurisdiction. 7 09 Easements The Subdivider shall make available to the City, at no cost b the City, all permanent or _emporary east-ments necessary for tLe installation of the Plan A improve- ments, as determined by the City Engineer. All such easements requested by the City shall. be in wri• .ig, in recordable form, and on the standard easement form of t1he City or on such other terms and conditions as the City shall determine. f Signature of SubAivicer Initials of City tIerk Tr - sr ante. The S:i1;divi �..r wi' 1 cv-,se each pex - +JTI iK'Y" s' '"�^• s ,nd i rat' ae l l s any Plan A : o .. r v..-r.tS to furnish t*,e City with the sA.mo_ evi,A(Lnce of c%,mplete ir,suran�.:e tav,�rage (i—heeling W,!L.r: -)'s ror�ponsation, liability a--' property damage) aE i s r s i rc-d can C ty cc"nt rac.~ted cr,nst ruc- tion -bs as deterrr,,." ° the gf:rreral 4 :ecific:ations now in use, Faith,j rer:ot,-a.":ce of r >nstt wct ion and Wai santy AorA. The Sup,livid r will dully an4 faithz,.. iy comply with all terms ci ar►y ana: . 11 contracts ent-red into by the 5c.bdivider for ttwe nsstallation and construction ;.lf all Plan A 7 ova# -sr• - and heiol"y quarentut--s th- worlm.4nshfp and matt?riais for , od of r yrAr follr,�winq the City's final acceptar�ee of 0Plan A T. etnen*s, plrbiic or pr' .ate, and agrees to repair or replac, in directed by the Ci' '•, and at: Subdividea's sole cost and expense. any workmanship or mater- ials that bet-ome deferctive, in the sole opinion of the City, within Aid or--y,-jr period -ven though notice thereof be iven by the City after said one -rear p-riod. Concurrently, with the ex+eCotion of this agrtyt-r'ont by the S bdiviAer, `►. Subdivider will furnish to, and at all times :h+areafte!r ':aa11 waintain with, the City a satisf^c-t.ory and sufficient !Ou&Slrrr .sooft warranty bond rerqu red by Minnesota Statut , Sec- tion S74.26 (1967) for public devel-pers it at least i50t of toe t7tal estimated c4-�--t of Plan A Ierrovement : As deterainod in pAragraph 5, above, wi' a COXPoratt sc+rety sat+rfartory to the Cit IrrluIed among the obligations of *he surety under such shall LEA that, the Subdivider cha,1 fully and faithfully dischobige SuG•31.c '.":'ss ablivationS tith respof:t to t' �:.�r. A ?ssepro`tenwn`R Aur i rig • -re : rest 3l l r • '-n a:-d const rue- pe•iod and t',at Ay cL. isr a. a re It : 3n><9�vie'-r's yadr rt,ar-anty, and that all pers u. 'oinq w rk or `urnish- �Li;'se, `ools. mjrc ,inerv, "terials, inxu.ar,=-e yrrraivtrs. ey pment, or susppl es ' c- .-ioction with tho const ,Ctior, and ar.stallation of te.v Plat- A lagrovements, cr in with any weak tt.erecm und*& err%:- owe-yP4r quay anty of • ? 1 t,+e maid there "or. E Tra r of 1e�►. e 4"1 vi v toot t , toac"t, r l as .,n f t,e �:. F§ "r w: t i n t barb i. ur! F 1 a e ., sa►pi, n* a h,a f1 od t'tOr a 41 1l`a Piw 1 t : .. i+.► t if sl J !;4 .--iation. '^he Sjb+iivider ayznes to cre-i!e a viable ht; owners ,35scociation, acceptitble to the city, which will be r4 si-o nsible for the nership and rr,sinte- nance of among other things: c.,oiriin taci 1 it if-ys, private reads, private sewer and . t lines, open space, pathways, dra .- -i e ways, and drainage p,?nds, and any of tt I..,provements !-ereii. whi,^h •ire not to be accopt #ed by the Cit• pu:l ic' o�rnea .hip and maintena e. Such r•ainter,ance shall include among other things repair, replacement when necessary, ^ow removal, grass cutting, weed control, clean-up of trash •ind -br is, rmosquito control, odor crnt.rol,-1raintge ways, silt removal from drai:i- aoe ponds, grad:-ng and surfacing of private roads. If a rea- sonable maintenance standard � s not maintained by the t -came owners association, the City shall have the right to take corrective accion it de,-ms appropriate to pro*--^t the health, safety and welfare of the p+rtlic —11 to assess against said htvne owner's association arid/or tha and in the subdivision for all cc5'.s incurred therefor. ic►± corrective ate— • not ;e tYhe s•a`:ss of a private Imi jovement. •' "=$ ass(:,r_.Ation shall waintaa.q public ac-cessibil.t- '-ails- and wa x,. ays which are necessary for coati nu i nq with ex i , fature trails and walkways n +c:3acernt neigi.�,;c�r►� s. / :.. •ture of $exk " rider Initial$ of city ('1'.'k �, dr3 ovi.si�r. s ✓in �r�Tit as us A�,3 s=�' _r.) % Fee %nd Expenses. The St.M ivider agrees to pay all City fees required per the current City Fee Schedule, and furths-r agrees to completely reimburse the City for all *'Ie reasonable expenses it incurs in regard to the review and approval of the IiaprovHmpnts and this Subdivision including, but not limited to, direct City payroll and overhead, costs, fees paid to consultants and other professiorals, and the costs of printing, mailing and supplies. The Zoning Admini- st ratr will determines escrow arw-Mrlts to cover these expenses pur scant to the cu.-rent City Fee 5ch-r!"C e. E5 row deposits in SIM shall be made at the time of .. rX�' �u�ra •T t' A'. Sf�ecial Provisions. t If neat enough-iVace, set forth in Fxhit,`- att.achc hereto and .incorporated %- reference. S i yna t ure c. !r !c,,E,r? • _; let snit 'als cif City Clerk 14 IssLance of Building Petmit.a. '"ie Cit_ "•ay not grant building permits and/or certi fit_•at+-s r>f occvq —tncy for development of residential structures in the subdivision until the certificate of completion for Plan A Tmprovet-cents has been issued by the City Engineer as follows: Block(s) and I,ot(s) Completion of All of Building certificates the Following Items Permit _ of Occupancy 4 'o C M wat r+,__ rk loti ll- 2 3 h.�.c. Completion of All of the Above Items and All of the Following Items -A F N K.00 •-.need a�:�..�vE- _� _ .V. d,as follows: d left s�••- F<Inature of gu iv:der it1.4�R� G ct.,,l.�✓,� s jj _ Initia:ls of City rierk K 1i+7c es Resoluticr:.s of ri tL. q�i'b'ivi ri"r agrees to he bound by the provisions set forth in the rpsolufion of the City Council approving the Final Plat s thi Fijbdivision. Rinding Effect. The t«-rms and provisions hereof shall be binding upon and inert- to the bi-nefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future cwr,,-rs of all or any part of the subdivision and hall be ai.-(-�med covenants running with the land. References herein. to Su'.)divider, if there be more than one, shall mryan each and all of them. This agreement, or a short form thereof to be execu -d by the Subdivider, at the option of the City shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrancers of all or any part of the subdivision and all recording fees, if any, shall be paid tly the Subdivider. . W. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand :hall be d,-livered p—rsonally or mailed by United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). Such notice or uman,d s`7a11 be deerr,ed timely given when delivered personally or when: depos i t fed , in the mail i - accor i,ince with th a ve. 01 l , �_ ., o f Sut-&i v i tf+r. r dys 14 � �I ��,�►dwtew�rs �0%hra-L Tnitials of City Clerk / 1; to t;.e+�velo; •r at: A Ti.� �- u t .,.�• a t L bZ.v V1 mow.. 1?_.."A X/0 /3:/S. Release of gecurit 4.._. Upcn performance by the Developer of the terms of this <,�r > ��:ent, including the expir- ation of any guaranty or ..arranty period hE.�t.-in and tine per- foric•ance by Developer of Developer's obl i.gat .ons herein with respect to any such guaranty or warranty, the City will release to the Developer cash dc.-posited in escrow in accord- ance with this agreement or, in case a penal bend shall have been filed in ac!•ordance with this agr.ecanent, will give, upon the request of the Developer, evi nee sat isfar;tory to t.;ie Developer of his performance of this agreement in accordance with its terms. /y)e-6. Final P1.et ;pproved. The City agrees to give final approval to the plat of the subdivIsio upon execution and d e l i v f i y of this a y: e �me« n t &06 -•arf _ .$-11 : ,o z u s s4,d - Peit ions , bond, 11p G'l C, seLu�a-t.�--ate-�j*-vt �arrd---acrivrrs r�eclai irY' City pursuant to the rt:.:olution by the City Council approving the Preliminary Plat. /- Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the Si a}r.at ur a of Developer Initials of C.ty Cierk ?r.pzover.,-nts furnis; ed and let Pursu,int to this shall be and hereby are r..ade a pert of t.;)i s v roemcat by reference as : ul ly as if •;ot: (D.)t 'herein in full. . Release to be ii in t.hf- Chain of -Title. Upon performance by the Develo.-ser of the t caz, s of this agree;;,ent, exvluding the expir.A ion of any guaranty or -,;arr�,nCy period, the City will of Developer's re.luest, provide to the Developer for filing a resolution satisfactory to the Developer of his performance of this a(jz-eer-..ent in accordance with its terms. /7 Hold Harmless and rndeznnification. The Developer shall inde,,nify and hold haimless tho City and its agents and employees from and ag.iinst all claims, dai..ages, losses or expen,es, including attorney fees, which the City rr.ay suffer or for which it T.ay be held liable, arising out of or resulting from the assertion aya.n,_t the city of .-illy claims, debts or obliations in consequence of the perforanance of this agreement by the Developer, its employees, agents or subcontractors, whether or not cal:,ed in pert by a party inoentnitfied hereunder. covenants Concerning _Title. Developer hereby war- n Vc...a..'s .iw E� b iti .%, rants that it property in th3 subdivision and warrants that there are no mortgages or lier.s filed on the subdivision presently or as of the time of the filing of the fir.al plat for the subdivision except as follows,: Siynat.ure of Developer irtiitiels of City Clerk ;,,:�z - / -1- - e I i;•,,,,ne 1 jWr1 fIf l ��0�!-�f+w�.a i ��O Vt i I.-�` crest in property ' t-r%I C'— - (/ /f► Remed)r for Default. Default by the Developer of any of the terms of this agreeiaent shall automatically result in the suspension or withholding of all permits, licenses, occu- pancy cercificates or other authorizations issued by the City in connection with the property included in this subdivision. The remedies afforded to the City un(3c•r this se^`' --%n shall be in addition to any other remedies to which the -...)r may be entitled *by ?aw or other agree:r.ent. IN WITNESS Yr'hi ,Ar.OF, t'7e City a:id Developer have caused Siur-#ature of Developer Initials of City Cl«-rk this agree,;ient to be c'.uly executed on the day and yc,.ar first above writt;-n. In Presence Of: CITY OF OAONO 3y Its Playor And Its i ty Clerk DEVELOPER by v And 1• �Fi 1ii:h� • -� t't si eiE�7'f t �i e..-a..1 I :... � ti..,.q STATE OF ME ,vrSOTA ) ss. COUNTY OF Vie fc,t t •j-:;jq instrument was acknowledged before me this d'1y of , 19 , 2� and Mayur a-,d City Clerk, respective. y, o: the City of Orono, a Minnesota municipal corporation, on 2,ehalf of the municipal corporation. ?votary Public _M Cie THE Fi, M AT LONG LAKE 2C„t, r . / " N 7? 7 rr March 23, 1978 Monk Muhich, Zoning and Bldg. Adminstrator Al Olson, City Planner RE: The Farm at Long Lake 9317 - Final Plat Approval Monday night (for the 3rd time), the Planning Commission will be re- viewing our final plat, and hopefully will he forwarding their recommendations to the Council so that Council action on our final plat +ill not be further delayed. There are three minor changes in the final plat from the preliminary plat approved by the Planning Commission and subsequently by the Council on Decer^ber 12. 1. Through a "proceedings subsequent" the northern are western property lines ad- jolning Country Club Addition and the legal description of the plat hove teen altered (by 1-A_ feet) to conform to Judicial Markers in place. 2. The property line between Lots 6 and 7 has been moved 7C' at the "no build" line to allow desired structure orientation without m setback variance. 3. The property line between lots to cne 21 has beer, adjustee to allow a "safer" access for a "probable" private driveway to serve lots 20 and 22. !these 'c!s are also served by a r.ity street) The Planning Commission's desires for lot 24 to meet the 2 acre minimum* and for lots 7 and 16 to have a minir..um of 200' of shoreline as well as the county's deslree access to Cty. Rd. 6 for No. Farm Road were all accomodated in the preliminary plat that was ap- proved. Also shown in the preliminary plot were the exIstIne buildings on lots l; are 19, which we now understand require varlances because of their proximity to lot lines. We have furnished the city with certified surveys of those bulldings so that .etback variances can be considered. In the process of obtaining the necessary approvrls of our plat, we have been asked questions and have volunteered tnformatlon with regard to our plans for private roads, private easements, maintenance agreements for the roads, covenarts !o be placed against the land, and even our purchase agreement outlining the conditions of buying a lot in the proposed subdivistcn. These plans, which incidental!y are the very Items that dlstlnqutsh The Farm from other developments in Orono, have causee the Panning commmO sslon to delay action on our plat while considering the broaeer issues. We have Fire-tunee our own positions to better reflect the Commission's ane the Council's implicit policies and would now summarize the developer's cm:rrent positions on these Issues: 1. Rttarttn Rights There are three lots with riparian rights-6, 7 and 16 because `hey Have —between them 565' of sho iine. Because access to the lake for these lots is restricted by Orono's Wetland. Creinance and a conservation ersement, your staff and the developer has requested exceptions to the conservation ease-ent al!MIr g tots 7 And 16 the right to construct appropriate docks into Lone Lake. -2- March 23, 1978 2. Pedestrian Easements - The developer proposes to establish private waikire/riding easements to allow all future homeowners at The Farm to quietly move from I_,st Farm Road to North Farm Road and from the barn to the pasture, and from the private reads to the wetlands/lake shore without trespassing. Instead of vlewlne, these easements as desireable features of a comorehenslve plan, the Commission has viewed them as "devious" attempts to grant Riparian Rights to lots other than those on the lake - des- pite the city attorney's reassurance that the proposed pedestrian use can in fact be accomplished without granting "undesired" rights to use the lake. To further clarify the issue, the developer has now agreed to terminate the proposed pedestrian easements at the wetland - 49' from the shoreline In one Instance and 260' from the shoreline in the other. 3. PriyAte Driveways - Prior to the last meeting, the developer had agreed to expand the propose grave roadbed frrm 14' with passing areas to 20' (which was the new city engineer's minlmum recommendation). The cross-sectlon recently sub-Itted to the city calls for a 20' gravel roadbed with 2' additional graded area on each side or a total width of 210. The developer has further indicated he plans to "pave!" portions of each driveway as required for erosion and safety considerations. What the developer does not wish to do is install "city type" streets with asphalt cul de sacs and curbs (i.e., Willowbrook Drive). This Is neither consistent with the contemplated "Farr," environment nor with the city's desire not to "force" city involvement in private driveways. 4. Pastures 6 Fences - From early concept elscusslons the developer has requested and the omm ss on has appeared to recognize the desireability of allowing that portion of the Wetlands suitable for pasture to be used for pp.,ture. To accomplish this the •arJ.-d conservation em+sement" must be altered to allow the existing fear:: (9 steel pr s ar,;, _ strands of electric wire) to remaln, and to allow the users of the pasture area to in- stall a temporary fence on higher ground in the wet'ares should the water leve' rise. 5. Additional Solis Data - The new city engineer hes recommended: "that acceptable evlderce be submitted for each proposed lot indicating that there is at least one Primary area and one secondary area for erninfield facilities" The city engineer At the time the preliminary plat was aoorovec wrote in his letter of 12/8/77: "we have ►eviewed tse Nernepin County soil maps prepared for the subdivision. Although some slopes are exce-s've kin excess of 12%) end some Glencoe are NA -el soils are present, it appears that each lot has Ample sultahle soil for ar on -site treatment system." Over $20.000 has been spent on surveylns e•id legal exte; rp-llance on that engineer's conclusion and the courcIlls approval of the prep 'nary plat based on that conclusion. Further^*,:)re, each buyer of a lot has the right to ''cet out" if he finds the soils unacce pt,,' ' For the house he wishes to build. We are providing an additional plan showing the proposed ortvate e-e-ents And restrlctir�rs superimposed on the final plat for your use, and hope th • t*ls sumr^.ary will het• ' rlfy our position or these r'Atters. 0 C. DBPT REMARKS C'41TYof ()R()A'V'() ORONO, MINNESOTA CRYyTAL BAY, MINN W 3 R=mvEp Aw HECK ACCT 5 :3 S 6 FUND r f- /i RESOLUTION NO. 899_ A RESOLUTION APPROVING A PLXT OF THE FARM AT LONG LAKE WHEREAS, th,.- City of Or _s a municipal corporation organized and existing under the laws of tht 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 Timothy Adams and John M. Hartwell the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including Dedication of required drainage and utilitv easements Dedication of public streets and roads Dedication of access easements underlying private roads Dedication of open space and flowage conservation easemwnts Payment of a park dedication fee of $6,000.00 NOW, THEREFORE, BF. IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of THE FARM AT LONG LAKE, Hennepin County, Minnesota; subject to the following conditions: 1. Execution of a subdivider's agreement for plat improvements 2. Outlot A shall be legally combined with an adjoining parcel in this or another subdivision 3. The private road, Outlot B, shall hereafter be known as North Farm Ro z d 4. The private road, Outlot C, shall hereafter be known as West Farm Rt,ad ;. ine aforesaid plat shall be filed with the Hennepin County Recorder's Office on or before September 13, 1978 together with a certified oriAiaal copy of this Resolution, and executed copies of the following documents: a. utility easement b. flowage an4 conservation easement C. declaraC',- of covenants, conditions, restrictions and easements d. declaration of driveway easements and covenant for driveway easement maintenance for North Farm Road, West Farm Road and a private driveway for Lots 20 and 22, Block 1 e. 10 ft. easement dedication to Hennepin County for highway purposes along County Highway No. 6 6. Lots 7 and 16 are riparian to Long Lake The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. AGREED: Dated this 1 s day of At ' 19 r" Willia-" B. Van Nest, Mayor ATTEST: lie r Walter R. on, Clerk Administrator STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk, Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City Council of the City of Orono on , 19 approving the FARM AT LONG LAKE plat on file in the office of the City Clerk/Administrator, City of Orono. Walter R. son, Clerk/Administrator Dated this day of , 19 (Seal) HIGHWAY EASEMENT THE FARM AT LONG LAKE THIS INDENTURE, made this _ day of _ _ 1978, by and between JOHN M. HARTWELL and LUCY A. HARTwELL, husband ,and wife, the FIRST NATIONAL BANK OF MINNEAPOLIS, a national banking corporation, and THE FARM AT LONG LAKL, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole general partners (hereinafter collectively referred to as "Grantors"), and the COUNTY OF HENNEPIN, a body politic and corporate organized under the laws of the State of Minnesota (hereinafter referred to as "Grantee"). WITNESSETH, that John M. Hartwell, individually, is the fee owner of the following descri'led land situate in Hennepin County, Minnesota: Lots 1, 8, 9 and 10, all in Block 1, and Outlots A and B. The Farm at Long Lake, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State; that Lucy B. Hartwell is married to said John M. Hartwell; that the First National Bank of Minneapolis is the mortgagee of said land under a Mortgage dated August 25, 1977, and filed August 31, 1977, as Document No. 1235285; that tLe partnership The Farm at Long Lake is the purchaser of said land under a Contract for Deed dated August 25, 1977; and that Grantors for and in consideration of the sum of. One Dollar ($1.00) and other good and valuable consideration, hereby revenant, grant, quitclaim and convey to Grantee a permanent easement for public highway purposes over and across the following described land situate in Hennepin County, ?Minnesota: The North 10 feet of Lots 1, 9, 9 and 10, all in Block 1., and Outlots A and B, The Farm at Long Lake, according to the plat thereof on f i ;lr and of rer(,rd in the offic-v of the Registrar of Titles in and for said County and State. 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. IN WITNESS WHEREOF, said Grantors have set their hands the day and year first above written F I RS'T f' IONAL B OF M 1 VNEAPOLI S By"' I!%%�-� �•���:� y t s l By _ �►- _ _ ►�.. _ _ Its c THE A LO i By li artwelT, Cen ra Partner By iti t,dams, GenerPartner STATE OF MINNESOTA I ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged by me this S,��44day of J , 1978, by John M. Hartwell and Lucy B. Hartwell, hus an 7and wife. R �, � N1►f JCJRIE l Y�CRE RV ,_��Li wl �_ Jj _: '/ r1 •�/�i,'1-' RQT1117 fll9LiC - w6w SOTS ..ii�� Notary Public r x�J MEMNE►IN couk�r i5 EW 9,nYw�.. e.wsa Ma iR. 1IN STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoitiq instrument was acknowledged by my this ZI day of � i t 1978, by _.... -11 . C�M -I tti�!_ �� VRi a *a ._ , an Q�v 1 �i^��ti�,w� _„ _•►sEas__, of First National Bank of 'innea}�is, a nat�.onal uaz,King corporation, on behalf of the c-orpnra on. Lary; STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN 44 The foregoing instrument was acknowledged :-efore me this 4 day of.L,_Z 1978, by John M. Hartwell and Tomothy Adams, sole generaV partners of The Farm at Long Lake, a Minnesota general partnership, on behalf of the partnership. r � i MAN}O■LL L. VIMMY ' MOt1Ulr •YBUt MNIFN[SOtA Votary Pu is Nt NNt PIN COUNTYM, Csiur+w- tw'" R,s 1s, 148 i ■NAAMAre4vvv.NN%%NNVVNNNNIVVVVVVVVVVVN STATE DEED TAX DUE HEREON: Extmpt This Instrument was Drafted by: LEONARD, STREET AND DEINARD - GLD 1200 National City Bank Building 510 Marquette Avenue Minneapolis, MN 55402 DECLARATION OF DRIVEWAY EASEMENT TO LOTS 20 AND 22, BLOCK 1, THE FARM AT LU'JG LAKE KNOW ALL MEN BY THESE PRESENTS: WHEREAS, JOHN M. HARTWELL, individually, is the fee owner of those certain parcels of real estate located in the City of Orono, County of Hennepin, State of Minnesota, legally described as follows: Lots 20, 21 and 22, Block 1, "The Farm at Lonq Lake," according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State; and WHEREAS, LUCY B. HARTWELL is married to said John M. Hartwell; and WHEREAS, FIRST NATIONAL BANK OF MINNEAPOLIS, a national banking corporation, is the mortgagee of said land under a Mortgage dated August 25, 1977 and filed August 31, 1977 as Document No. 1235285; and WHEREAS, THE FARM AT LONG LAKE, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole general partners, is the purchaser o. said land under a Contract for Deed dated August 25, 1977; and WHEREAS, ,tOi;'J M. HARTWELL has contemporaneously herewith created a non-exclusive easement for driveway, ingress and egress, and utility purposes over and across Outiot C (also known as "West farms Road"), "The Farm at Lonq Lake" for the mutual benefit of Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23, Block "The Farm at Lonq Lake", by a Declaration of Driveway Easement, West Farm Road, The Farm at. Lnnq Lake dated 1978 and filed 1978 as Document No. an,i WHEREAS, JOHN M. HARTWELL dosires to create a perpetual non-exclusive easement for driveway,ingress and egress and utility purposes, for the benefit of Lots 20 and 22, Block 1, and providing access from said Outlot C to said Lots 20 and 22. NOW, THEREFC-41., JOHN M. HARTWELL dues by this declaration foi- himself, his =irs, successors and assigns, hereby create a non-exclusive easement for driveway, ingress and egress, and utility purposes over and across the following land: That part of Lot 21, Block 1, THE F:,M AT LONG LAKE lying within 20 feet of the cajt and soitheasterly lines of said Lot. Also, that part of Lot 20, said Block 1 lying south of the westerly e.;11ension of the north line of Lot 19, said Block 1 for the mutual benefit of Lots 20 and 22, Block 1, "The: Farm at Long Lake." Thig declaration and the covenants contained herein shall run with the land. IN WITNESS WHEREOF, JOHN M. HARTWELL, LUCY B. HARTWELL, FIRST NATIONAL BANK OF' MINNEAPOLIS, and THE FARM AT LONG LAKE have caused these presents to be executed this day of 1978. AA_ i r I'. M. H nd i v i dually LU(.=Y'C.�Fi�i2Ti�E�.L, indiviiivalTy- - FIRST NA' `)NAL BANK OF MINNEAPOLIS B •r,•.,... C�nmezcial Ban�anq �ic� _ . Its (Cotporaite Meal) By t�> THE FARM AT LONG LjNKE By lit vL IV and wpj'T n M. Hair en(,ral tv.er By T i ii�Tt Partr,, STATE OF MINNESOTA) ) as. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 1978, by JOHN M. HARTWELL and LUCY B. HARTWFLL, husband -'4WII44 UA*"Rft t- VICKII RV NOTARY PUBLIC - 0111"Ot s0TA "f%%ILp1N COUIM t.vo. A.& J. IiW %%vvvw%vwv^"A %v STATE Or MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was ht.,f-3re me this At day of _APR , 1978, 61* PAI-AL and Dowiri A&j*-AS*Q , respectively the Commoxcic'. Vunkir.-j C- and of FIRST NATIONAL BANK OF MINNEAPOLIS, a national banking corpora- tion, on behalf of the corporation. STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of A 1979, by JOHN M. HARTWELL and TIMOTHY ADAMS, sole general partners of THE FARM AT LONG I.NKE, d Minnc=sota ovnvral partnership, or, behalf of the part ership. ---------- --.- -------- J0.9 L okfal pum Notary Ofrcj oft--f- c' 4 In* STATE DEED TAX DUE. HEREON: $ 2 . 2 0 This Instrument was Drafted by: LEONARD, STREET AND DEINARD-SRP 1200 National City Bank Building 510 Marquette Avenue Minneapolis, Minnesota 55402 COVLNANT F(Ah MA1 N': i:NANCI-: CT L)P I VE:1i t.Y E:ASI;M1;;J':' TO LOTS .';) AND 22, bLO K I, THE t'AMM AT 1. )N,", T111S CO': E•;N'AN'i made th i . d.,•, '): 1 10-i'i , 1)y and betwoon the uri;lc rsi ln�'d, wh- .tr- all they owners of record of the following dve;crit,tti laricl in t:�� e.'i�., of County of lienriepi;i, State cif M;r.n. sota: Lots 20, 21 iad 22, 111-lck 1, "Thy I' rr, at. Li)ro; Lake", accor,ling to the' plat :!Iior(�of on fil'' and of record in the office of the vei;:!;'rjr of Titles in and for said Cowity --1A Slate; 11 I T N E: S S E T E I WHEREAS, own (s) Lu t :: ,1 , 'Dwn (s) Lot 2 i ; and Own (s) Lot 22 , "The Farm at Long Lake"; and WHLki:A�;, thc::ro rxists a nori-i�xclusive c:asccr:x•nt (ht•rt•:naf ter, "said eascmenL"' for drivewdy, ii-,yress and egress, and Utility purposes over and a,•ross the fol iowi ng descr i bofi land: That part of Lot 21, I+lock 1, THE fAPM A`I' ur.,k: LAKE lyin_i within 20 feet of the cast acid southeastt--rly lines of said Lot. Also, that ;)art. of Iot 20, said Block 1 lyin<a South of the westerly •-xtensiun of the north line. of Lot 19, said Block 1, to serve said Lots 20 a:'A 22, Block 1, all ss set forth in t,,.at certain J'_claration of Driveway Easerrcnt dated , 1978 •%nd file,l 1978 a,; Document No. and WliEkE:AS, the purpost A said •,-i ;erk nt i : t,)r a serving said tots 20 and :.:, IIII)CK ";:.•. i'ar A WHE:k:.Ati, said comn%jn dr1S, :t"lt- ,, cic<1lcatC 1 A I ,, anti the City of Orono has no roadway; NOW, THL:14;1'o.'4t , i• i , 1:i :k ,t f nand i j' e.'a. :1 <Jf is hereby acknuwled<it-•d, and of thO mutual c(,)•J0(1,t11t.S, a .jr'rc.'mV!1ts, condition:; an).l st.ipulat ions herein contained, IT IS MLi',1;ALI,Y STIPULATED AND i,Gi<i:I:U by and Ho! partik_`.: as ::)l i,,:._ : 1. That al l of the (,.erties hereto do ;lere`il;r iAckn,�..'ledye the existence of said easement an,i the existence` of t.1—o., driveway. 2. That all of the hart.` ?s hcreto rocogniza• that the owner(s) of said Lot 21 has no <,t,liyat: ,:l to anc; lay ia::;• of the costs of construct inq anti or maintain.n• said (%; -Jrlon driveway. 3. That the owner (s) of s•...> d Lots 20 vid .' ' wi I i do :,cart L>y iissuTle +lid agree to pay c,ich ift}• I.,orioi,t ('Ill�'�i f t.i.t' '.:Ie:tS •3i conStructlnq, malritalnlnc_I :And r, pairin`t the coctiiluti drlv�•,-iay Liver said casement described herein (incia-.lin without l itn.t ation, the casts of cleaninu, snow rcrtr,)val, surfacinri arid rt surfarin(j) , and tl:at the owl,c_rs of said Luts 20 anal 22 shoIi bor:,'J.• !i,iblo for tho said proportionate share from and after +he •gate of this agreement or the date: house construction bec#ins or, his/horJthelr 1_)t, which- ever is later. of the owners of raid Leas 20 and 22 hervOy covenants with the v of thc> other of 'id Lots .10 and 22 desc'rtbed h•. rein, a• owner of eithor ,_Aid Lot ?0 cr saikil Lit 22, by A":_ 'ptar teed therefor, whether or not it sha 1 1 1) :�o r.ipressed Gi 'Jt'Yd11 :a?, y11'tI [ bit" .'.'d he•rt•b-.• A'? ti,' Ga.1ii covenant w, tht?n zo :ivr.. of all of the oth`•r 1 At:• :i• �::r::•a hc`ra`in, that ;h•_,'tl,, y :,h:el1 pa pr(,mptl} w:i` r, clue 'i. pr,iportiunaty .ur t)f t.:1t' it [I In tht A i Thu iC)its dk tit-r ll,t,d ltl titi. F,rt'i'L`llt ntl I'Jra(II oi' l l i.o L•1 ! t ;' t't : • i a`1 . W?i. • .1' tit W:t I lot at tilt' � i:" , 'n!i _. - *'A e• Ih ..r"r• shall, not l.•d` s t `. 111 l : r ! r• i• i • M -1- 5. This covenant shall run will► tht. land ask-.i shall be. binding on and inure to the benefit of the parties heretc,, their heirs, representatives, successors and assigns. IN WITNESS WHEIRL'OF, the parties have hereunto executed this covenant the day and year first above written. Owner(s) of Lot 2U Owner(s) of Lot 21 ( Cwner (s) of Lot 22 ( STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this __ day of 197_ , by <iwner(s) of Lot 20. Notary �ub11c STATE OF MINNESOTA) ss. COUNTY OF HE,:NEPIN) The foregoing instrument was ackrowlvfigvd before io, this day of owner(s) of Lot 111. -3- STATE OF ` , '+c: FSOTA ) ) ss. COUNTY OF HENNE:PIN) The foregoing instrument was acknowledged before me this _ day of , 197_, by owner(s) of Lot 22. N 0 t -a r- F Public PUBLIC Li1'iu'rii:s r*AsE`tl'N'r The farm at Long Lake THIS INDENTURE, made this day of 1978. by and between JOHN M. HARTWELL and LUCY B. HARTWF.'..I., husband and wife, the FIRST "NATIONAL BANK OF MINNEAPOLIS, a National banking, corporation, and THLFAILM AT LONG LAKE, a Minnesota general partnership, John N. Hartwell and Timothy Adams, sole general partners (hereinafter collectively referred to as "Grantors"), and the CITY OF ORONO, a Minnesota municipal corporation (hereinafter referred to as "Grantee"). WITNESSF,TH, that JOHN M. tiAR'rwELL, individually, is the fee owner of the following described land situate in Hennepin County, Minnesota: Lots 1 through 24, Block 1, The Farm at. Lotig bake, according to the plat thereof on file and of record in the office of Vie Registrar of Titles in and for said County and State; That LUCY B. HARTWELL is married to said John M. Hartwell; that the FIRST NATIUNAL BANK OF MINNEAPOLIS is the mortgagee of said land under a Mortgage dated August 25, 1977 and filed August 31. 1977 as Document No 1235285. that the partnership THE FARM AT LONC LAKE is the purchaser of said land under a Contract fur Deed dated August 25, 1977; and that said Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantors, do ereby grant, bargain, sell and convey to Grantov, its successors and assigns. an easement for public utilities purposes and uses, on, across and under the following described land situate in Hennepin County, Minnesota: Outlots B and C, Block 1. The Farm at Lony Lake. according to the plat thereof on file and of record in the .`ice of the Registrar gf Titles in and for said County , d State, (herein "said land'); including. but not by way of limitation, a full and free right :and authority to enter upon said land to construct, install. maintain. operate and repair water lines, natural gas lines. telephone lines, electrical line a s.tnirary sewer lift station. Sanitary sewer interceptor, sanitar- sewer main or lines. and anv and all appurtenances incidental and related thereto ;such are hereafter collectively referred to as the "Improvements"), and the Grantee shall have the right to make such use of said land as is reasonably necessary and ad- visable to the construction, installation, maintenance, operation and repair of the Improvements. TO HAVE A14D TO HOLD said easement unto said Crantee, its successors and assigns, permanently. The Grantors herein certify that the lands herein described are free and clear of all encumbrances, except as stated herein. In addition to any other rec;edy the Crantee may have, the covenants and restrictions contained herein may be enforced by injunction. IN WITNESS MIFRLOF, said (:ranters have o-.e[ their hands the day anJ year first above written. C f OW M. 1{l1RTW .LL, Individually 4.�4,4 V t�Ct�afe�� LUCY B. WARTWELL, Individually FIRST NATIO"JAL 8XNKK OF/MIINNNLAPOLIS By 'S /�.J�._ _ and Its C'om—rraerC Gl �QRIl112Q )t'P* By i 1 ) Its THE I ARM AT ONC, gy r� ` — and n M. Hartwell, General Partner — Timothy Ad;pW. General Partner STATE OF MINNESOTA ) SS. COUNTY OF it NNEPIN ) The foregoing instrument was acknowledged before me this ` _ drly of 1978, by John M. Hartwell and Lu.y B. hartwell, husband and wife. MARJORIE L. WCKE RY � AG' �%tL-'C.. + `� N3TAKY PUBLIC - MINN; BGTA Notary P is ',♦��.� HENNEPIIt COUATr Mr CeeleHNen [.PN„ AYE is. low • �1/W W K STATL OF 111NNEsoTA ) SS. COUNTY OF HENNEPIN ) 1he foregoing instrument was acknowledged before me this �/ _ Jac of (L- 197d, by t-4U S • 12AV/Z�' COMMercigl Banking Officer dAryi D 1 . 'e COMMercial Iinnking Officer of the First National. Bank of Minneapolis, a national banking Corporation, on behalf of the corporation. PETER WEST NOTARY wUµI -A41MNf30tA `j HEN/-LPIN COUNTYNotary Public STATE OF MINNESOTA ) SS COUNTY OF HENNUIN ) The foregoing instrument was acknowledged before me this _ -_ say of 1978, by John M. Hartwell and Iinothy Adams, sole partners of The Farm at Long Lake, a Minnesota general partnership, on behalf of the partnership. ■. ,v,,,,v,n ■ . Z� !'d "N MA■JORIE L. YI[Il[. RY '/. ! < 1A. [IOT"f PUBLIC - M:AtILSOTA Notary PubAAc a S MCNNI w!N is `J�INTY 1S < •e Gae�w,woa t.►n.. AW 1E I1r y S>t This Instrument Was Drafted By: LEONARD. STREET AND DEI3ARD-11MM 1200 National City Bank Building Minneapolis, Minnesota 55402 FLOWAGE AND CONSERVATION EASEMENT AND WAIVER OF DAMAGES The Farm at l.onZ lake THIS INDENTURE, made this __,_ day of _ , 1978. by and between JOHN M. HARTWELL and LUCY B. HA RTWELL, husband and wife, the FIRST NATIONAL BANK OF MINNEAPOLIS, a national banking corporation, and THE FARM AT LONG LAKE, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole general partners (hereinafter collectively referred to as "Grantors"), and the CITY OF ORONO, a Minnesota municipal corporation (hereinafter referred to as "Grantee"). WITNESSETH, that John M. Hartwell, individually, is the fee owner of the following described land situate in Hennepin County, Minnesota: Lots 1 through 24,Block 1, The Farm at Long Lake, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State; that Lucy B. Hartwell is married to said John M. Hartwell; that the First National Bank of Minneapolis is the mortgagee of said land under a Mortgage dated August 25, 1977 and filed August 31, 1977 as -)current No. 1235285; that the partnership The Farm at Long Lake is the purchaser of said land under a Contract for need dated August 25, 1977, and that Grantors for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration. hereby covenant, grant, Rift, quit claim and convey to Grantee the right to restrict and Grantors agree to limit and preclude the use. improvement and development. under the conditions and covenants herein contained, the follows:-.,. described land in Hennepin County, Minnesota: That part of Lots 5, 6, 7, 16 and 17, 6lock 1, THE FARM AT LONG LAKE, described as beginning at the shore of Long Lake and on the most easterly line of said Lot 7; thence north along said line of Lot 7 to a point 121.25 feet south of the most southerly point of Dakota Avenue as shown on said plat; thence north 68° 33' 09" west, 249.27 feet to an angle point on the west line of said Lot 7; thence north 820 46' 17" west, 161.40 feet; thence south 59° 51' 12" west, 71.02 feet; thence north 87° 02' 07" west. 75.01 feet; thence north 19° 17' 05" west. 101.02 feet; thence north 53° 48' 20" east, 67.62 feet; thence north 37° 12' 04" west, 92.44 feet to a point on the west line of said Lot 6, 387.28 feet southwesterly of the most northerly corner thereof; thence south 790 24' 47" west, 177.42 feet to a point on the southwest line of said Lot 5, 78.17 feet southeasterly of the most westerly corner thereof; thence north 82° 22' 53" west, 114.81 feet; thence south W 25' 35" west. 63.25 feet; thence south 130 18' 36" west, 87.64 feet to a point on the south line of said Lot 17, 248 feet westerly of the most easterly corner thereof; thence south 26° 56' 54" east, 377.85 feet to a point on the southerly line of Lot 16, 333.63 feet easterly of the southwesterly corner thereof; thence south 87° 47' 57" east along the southerly line of said Lot 16, to the shore of Long Lake; thence northeasterly along said shore to the point of beginning; (herein, "the land"); as follows: 1. Grantors hereby covenant and agree, except as is otherwise specifically provided herein, that: A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including, without limitation, fireplaces, steps, docks, piers, hard -cover or roads of any nature whatsoever, or anv other structure or improvement inconsistent with the natural state of the land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall he moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. D. No soil, sand, 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 made of the Land except uses, if anv, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Provided, nevertheless and notwithstanding any provision herein to the contrary, Grantors reserve to themselves, their heirs. vuccessors, representatives, grantees, and assigns: (1) The right to pasture horses and sheep upon the Land and to maintain, repair and/or replace existing fences and gates thereupon; (2) The right to build and maintain new, temporary fences and Rates on the Land at the high water mark at such time -ir times as a portion of the area within the existing fence is under water; (3) The right in the then owner(s) of, respectively. Lot 7, and Lot 16. all Bock 1, The Farm .it Lon:. bake, each to use a tan foot (10') strip of lakeshore (ten fact per each such lot). at a place along the lakeshore on such lot them owned by such owner(s) and from tine to time desiKnated by such traner(s), to construct, repair. maintain :ind r.,rlace a doclk not etrre' than six feet in width; G. 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 matter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantors hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and up3n any or all of the Land. 3. Grantors hereby remiss, release, acquit and discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demands, or causes of act4-n of any kind or nature whatsoever which may arise or accrue by vir of any flowage or trespass with water within tf 'erms of these agreements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained i.erein may be enforced by injunction. Grantors do not tend that the pu" is should have any interest in the above Lard by irtue of this indenture or otherwise, except as hereinabove set forth. -4- 'rhe Grantors herein certify that the Land herein described is free and clear of all encumbrances except is stated herein. 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. IN WITNESS WHEREOF, said Grantors have set their hands the day and year first above written. ) I II.- M. HARTWELL, Indivi un IV EUCY B. HARTWELL, Individually FIRST NAT10NAL BANK OF MINNEAPOLIS By ZOO< and Its Conmeicir-1 Bari6rig 0ifigot TI I E FARM AT LONG LAKE By hn rtw (.ene al Partner tiv F I rrso t h VP* '.encral Partrer -5- STATE: OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged by me this � day of r , 1978, by John M. Hartwell and Lucy B. Hartwell, husband and wife. r * .. ,�ti,' f 0 It MOTAl1Y PUBLIC - wNk'_?;ETA �L 6 L�11 • HE NNE PIN rot) .T; Notary P l is ■ v J'NY.'�NW ■ SPATE OF MINNESOTA ) SS. COUNTY OF HLANEPIN ) The foregoing instrument was acknowledged by me this . 21_ day of L B�►in i !3''4�VKfKc,_ �r /C '� _--, and pAWO r)-1;5R s0A-) 6jP,^A/AL 84„11<A1V(, OVC r05`e- of First National hang: of Minneapolis, a national banking; corporation, on behalf of the corporation. ~r :. W ER 1, Wf Si �.C.Notary Tublic STATE OF MI:I27LSOTA ) SS. COUNTY OF HE.'C&PIN ) The foregoing instrument was acknowledged before me this ;4 fX day of L �, 1976, by John M. Hartwell and Timothy Adams, sole general partners of The farm at Long Lake, a Minnesota general partner4hip, on behal: of tht! I taurship. S• r •M MAAiMA AI S ^. A► MAR/ON:t L. VICK, rr M01ARY PUBLIC - Mist , )A y �N.• Hi NN(PIN COUNtT EIT C&O-Me"" E...a, A.A. is. I"* ■ ww wNwww STATE DEED TAX DUE HEREON: Exempt 'this Instrument Was Drafted by: LE04ARU. STREET ANU UEINARD-IC44 120n National City Bank Building Minneapolis, Minnesota 55402 ti ,:otar` ?ublic It - DECLARATION OF DRIVEWAY EASEMENT North Farm Road, The Farm at Long Lake KNOW ALL MEN BY THESE PRESENTS; WHEREAS, JOHN 14. HARTWELL, individually, is the fee owner of those certain parcels of real estate located in the City of Orono, County of Hennepin, State of Minnesota, le- gally described as follows: and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, and Outlot B. Block 1, The Farm at Long Lake, according; to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County and State; WHEREAS, LUCY B. HARTWELL is married to said John M. Hartwell; and WHEREAS, FIRST NATIONAL BANK OF MINNEAPOLIS, a national banking corporation, is the mortgagee of said land under a Mortgage dated August 25, 1977 and filed August 31, 1977 as Document No. 1235285; and WHEREAS, THE FARM AT LONG LAKE, a 'Iinnesota beneral partnershiN, John M. Hartwell and Timothy Adams, sole: gen- eral partners, is the.purchaser of said land under a Con- tract for Deed dated August 25, 1977; and WHEREAS, JOHN M. HART;.BLL has contemporaneously here- with created an easement in favor of all lots in he: Farm at Long Lake for pedestrian passat;e only over and across Outlot B, The Farm at Long Lake (also known as North Farm 'load) by a Declar.;tion of Cuvenants, Conditions, Restrictions and Easements dated , 1978 and filed , 1978 as Document No. : and WHEREAS, JOHN M. HARTItiELL now desires to create an additional non-exclusive easement for driveway, ingress and egress, and utility purposes over and across Gutlot B, The Farm at Long Lake for the mutual benefit of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 1, The Farm at Long Lake. NOW, THEREFORE, in addition to the easements created by said Declaration of Covenants, Conditions, Restrictions and Easements, JOHN M. HARTWELL does by this declaration for himself, his heirs, successors and assigns, hereby create a non-exclusive easement for driveway, ingress and egress, and utility purposes over and across Outlot B, The Farm at Long Lake for the mutual benefit of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Block 1, The Farm at Long Lake , but not for the benefit of any other lots in The Farm at Ling Lake . This declaration and the covenants contained herein shall run with the land. IN WITNESS WHEREOF, JOHN "I. HARTwLLL, LUCY B. 1LIRTWELL, FIRST NATIONAL BANK OF MINNEAPOLIS, and THE FARM AT LUNG LAKE have caused thesg presents to be executed this iay of , 1978. 1 ,vLL, -Individually i +� I L B. ki.�Individually Of (Corporate Seal) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) FIRST NATIONAL BANK OF MINNEAPOLIS B S�IL.Nlti� an d Ita By- --=-- -- Its TILE FARM AT LONG LAKE B9 ILA *Ctt- anc: Ihn 1. iartwe-General Partner Y Timoth ams, Genera artrier The foregoing instrument was acknowledged before me this rday of 1978, by JOHN M. HARTWELL and LUCY B. HARTWELL, husband and wife. drMAq it7R�P: 1. V/CRI■. NOTAAt FUSIA Al artBQTA Merorot a;ro .•ourots , o� Public Yt am-4-fin 1414rn Aq to, tfM ■ .,%WVNNVW ■ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing, instrument was acknowledged before me this ZL day of MKIL 1978, by �M►� S ��4uEe and respectively < ' ,, and . o f the . FIRST NATIONAL BANK OF MINNEAPOLIS, a national banking corporation onjbe4A1f of thu corporation. L oWy- � F'u is -3- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this o� day of 1975, by JOHN M. HARTWELL and TIMOTHY ADAMS, sole general partners of THE FARM AT LONG LAKE, a Minnesota r,eneral partnership, on behalf of the partnership. ■ n,tinnv,,,�v�v+�.nnnnn,..v. v,cic( nr G ���NOTARY Fb6..-C - NIbNESOTA Notary u C MENFt PIN COUNTY ' Mi CcmwiHlOn (i0in, Au{ is. low r STATE DEED TAX DUE HERrON: $2.20 This Instrument was Drafted by. LEONARD, STREET AND DEINARD-HMM 1200 National City Bark Building 510 Marquette Avenue Minneapolis, Minnesota 55402 DECLARATION OF DRIVEWAY EASEMENT West Farm Road, The Farm at Long Lake KNOW ALL MEN BY THESE PRESENTS; WHEREAS, JOHN M. HARTWELL, individually, is the fee owner of those certain parcels of real estate located in the City of Orono, County of Hennepin, State of Minnesota, leqally described as follows: and and Lots 11, 12, 13, 14, 15, 16, 17, 10, 19, 20, 21, 22,and 23, and Outlot C, Block 1,The Farr at bong Lake, according to the plat thereof on fife and of record in the office of the Registrar of Titles ai)j for said County and State; WHERAS, LUCI B. HARTWELL is married to said John M. Hartwell; WHEREAS, FIRST NATIONAI. BANK OF MINNEAPOLIS, a national banking corporation, is the mortgagee of said land under a Mortgage dated August 25, 1977 and filed August 31, 1977 as Document No. 1235285; and WHEREAS, THE FARM AT U t.AKT.:, a Minnesota general partnership, John M. Hartwe_. _id Timothy Adams, sole general partner:, is the purchaser of said land under a Contract for Deed dat 1 August 25, 1977; and WHEREAS, JOHN M. HARTWELL has contemporaneously herewith created an easement in favor of all lots in The Farm at Long Lake for pedestrian passage only over and across Outlot C, The Farm at Long Lake (also known as West Farm Road) by a Declaration of Covenants, Conditions, Restrictions and Easements dated 1978 and filed 1979 as Document No. and WHEREAS, JOHN M. HARTWELL now desires to create an additional non-exclusive easement for driveway, ingress and egress, and utility purposes over and across Outlot C, The Farm at Long Lake for the mutual benefit of Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23, Block 1, The ^arm at Long Lake; NOW, THEREFORE, in addition to the easements created by said Declaration of Covenants, Conditions, Restrictions and Easements, JOHN M. HARTWELL does by this -eclaration for himself, his heirs, successors and assigns, hereby create a non-exclusive easement for driveway, ingress and egress, and utility purposes over and , ross Outlot C, The Farm at Long Lake for the mutual benefit of Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,and 23, Block 1,The Farm at Long Lake, but not for the benefit of any other lots in The Farr, at Long Lake. This declaration and the covenants contained herein shall run with the land. IN WITNESS WHEREOF, JOHN M. HARTWELL, LUCY B. HARTWELL, FIRST NATIONAL BANK OF MINNEAPOLIS, and THE FARM AT LONG LAKE have caused these presents to be executed this ____ day of 1978. r HN M. HARTWELL, In�ivic3uaTl-Y r vim_+ �' HAFT LL, inc�idi'uaT1}�—_.__ -2- FIRST NATIONAL BAI4K OF MINNEAPOLIS 11, y xb and Its CObiMS *al Rank"nq (Corporate Seal) B ` I Its Commerciol Banking Officer THE FARM AT LONG LAKE i By _ a L and hn ii. HartwE1 , Genera artner y Partner STAT�� OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The forec oi.ng instrument was ace:no.cledgcd before tie thisZ day of 1978, by JOliU,. HART :'ELL and LUCY B. HART -,-.TELL, husband and wife. •tivw,r,rJVVVV�MMAM1NWt"-,MAC • W1IJOME t. v�CM! Nr Z MOTANt PUB, ; -MAN tc Sg7A V00 tart' 'Fublic NEk%cp,x c'pu NTH t, M, faw--. t,p." Ark, 1�. I11b STATE OF MINNESOTA ) ss. CO �'*,ti :'Y OF HENNEP IN ) The foregoing instrument was acknokl-elged before me. h: 4L day of AP1211_ , 1978, by H+ S $Auto --- - — -- and D #k�) j P -TL--MeSON respectively w y 0 the � and,.,. aw f ,.r..,.,_ FIRST NATIO'NA:. BANK OF " I N'EAPOLIS, a national banking corporation, on behalf of the corporation. � f WEST -4 .. .. .�0t U';.1C ,<�< Y n Y s. 11iY• -3- STATE OF MI14NESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument WL.s ackno:Jled&vad be£cre me this j2day of _--Lzh 19 78 , by JOHN M. }iARTI ELL and TI,,:OTHY ADA:1S, sole/ general partners of THE FAE.M AT LONG LAKE, a Minnescta general partnership, on behalf of the partnership. M.- Y�%H l'•FUgLIC. NOTARY U®i SO1A / �� L�i.i��-! U � 4 0 NlNNkFIN GOUN" otary Public r, Csa++rwon f.0•+a Art If. NM ■ V V W'VJM+W W.MANNNV W'nV`MNVw. STATE DEED TAX D' L KERE0N1: $2.20 This Instrument was Drafted by: LEONARD, STREET AND DEINARD-12-21 1200 ;rational City Bank Building 510 Marquette Avenue Minneapolis, Minnesota 55402 DECLARATION OF COVENANTS CONDITIONS, RESTRIC'CIONS, AND EASEMENTS THIS DECLARATION, made this day o' 1978, by the undersigned parties representing all the owners in fee, the contract purchasers, and the encumbrancers, of the land hereinafter described lying in Hennepin County, Minnesota; W I T N E S S E T H: WHEREAS, John M. Hartwell, individually, is the fee owner of the real property legally described as follows: Lots 1 through 24, Block 1, The Farm at Lonq Lake, according to the recorded plat thereof. (herein "said land"); WHEREAS, John M. Hartwell is marri^_d to Lucy B. Hartwell; WHEREAS, the First National Bank of Minneapolis, a national banking association, is the holder of a first mortgage of record on said land under a mortgage dated August 25, 1977 and recorded August 31, 1" ' as Document No. 1235285; WHEREAS, The Farm at Long Lake, a Minnesota general par*nersf.ip, John M. Hartwell and Timothy Adams, sole general partners, is the purchaser of said land under a contract for deed dated August 25, 1977; WHEREAS, the above described parties hereto desire to impose upon and subject said land to certain conditions, restrictions, reservations and covenants for the benefit of said land and its present and future owners; NOW, THEREFORE, the parties hereto hereby declare, impose upon and make all of said land subject to the following conditions, restrictions, reservations, easements and covenants, which shall operate as restrictions passing with the conveyance of each and every lot so described herein, and shall apply to and bind each and every successor in interest to th^ parties hereto, to -wit: ARTICLE I Land Use and Buildin-CL Type No lot shall be used except for residential purposes. No buildings shall be erected, altered, placed or permitted to remain on any lot except a single dwelling house designed for the accorimo- dation of one family only, together with a garage designed to acconuiodate a minimum of two (2) automobiles, the exterior of which shall be constructed of the same material used, or to be used, on the exterior of the dwelling house. The ground floor of the main structure, exclusive of open porches and garages, shall be not less than One Thousand Five Hundred square feet (1.,500 sq. ft.) for a one story dwelling, nor less than One Thousardsquare feet (1,000 sq. ft.) for a dwelling of more `_han one story. Provided, nevertheless, that th tr'nimum square footave required on Lots 16 and 24 shall be as dett:rmi ad by the design committee under Article VII herein, and as permitted under municipal ordinances. No subdivision of the lots shall be permitted until such time as municipal sanitary sewer service is available to such lot. Provided, nevertheless, that the owner of lot 19 on said land may maintain, occupy, use and replace the existing farm house and barn on said lot in addition to constructing a new house thereon, and may continue to use said lot and th-, existing farm buildings thereon for agricultural purposes, to the extent the same is permitted under municipal ordinances. ARTICLE II Easements and Setbacks Section 1. Utility and Drainage Fasements. Easements for installation and maintenance of utilities and c?:i nacre facilities are reserved as shown on the recorded flat al--)nq each lot side and rear lot line unless v.Acated by action of this municipal authority. Within these easements, no structure, fi.nce, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water througt rainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Section 2. Pedestrian Easements. Easements are reserved for pedestrians, skiing and horseback riding, but (except as is required for maintenance purposes and except as hereinafter described), rot motor vehicles, as are legally described below: A. Outlot B ("North Farm Road"); B. Outlot C ("West Farm Road"); C. 10 foot -wide easement from north Farm Rf,ad towards the pasture easement: That part of Lots 2 and 3, Block 1, THE FARM AT LONG LAKE, described as the southerly 5 feet of said Lot 2, and the northerly 5 feet and westerly 10 feet of said Lot 3. D. 10 foot -wide easement from North Farm Road towards Long Lake: That part of Lots 7 and 8, Block 1, THE FARM AT LONG LAKE, dpsc:ribed as the northerly 5 feet and the easterly 10 feet of said Lot 7, and the southerly 5 feet of said Lot 8, describing a 10 feet wide strip of land which extends from the southeast end of Outlot B, said plat, to the shore of Long Lake, except that part of said Lot 7 lying southerly of a line perpendicular to the east line thereof, 121.25 feet southerly of the most southerly point of Dakota Avenue as shown on said plat. E. 10 foot -wide easement from West Farm Road towards Long Lake: That part of Lot 16, Block 1, THE FARM AT LONG LAKE, described as tke south 10 feet of said Lot 16, and the westerly, southwesterly and southerly 10 feet of said Lot 16 abutting Lot 15, said illock 1, describing a 10 feet wide strip of land which extends from the east end of Outlot C, said plat, to the shore of Long Lake, except that part of said 10 feet strip lying easterly of a line perpendicular to the south line thereof, 333.63 feet easterly of the southwest corner thereof. F. 20 foot -wide easementrunninq from Wost Farm Road to the pasture easement: That part of Lots 18, 19 and 20, 81-ick 1, T4E FARM '1T LONG LAKE, described as the easterly 10 feet of said lots 19 and 20 and the westerly 10 feet, and the northerly 20 feet of said Lot 18. The above described pedestrian ease,mc�nt.s are r., served for the benefit of the owners of sail I,cid, their f..milse = a:.,1 guc•sts. Two separate declarations of driveway easement grant to adjoiainq lot owners casement rights for driveway, ingress, ,egress and utility purposes over (a) Outlot 9 ("North Farm Road") by a Declaration of Driveway Easement dated , 1978 and filed , 1978 as Document No. and (b) Outlot C ("West Farm 11,)ad") by a Declaration of Driveway rasement dated 1978 and filed , 1978 as Document. *mo. Section 3. Pasture Easement. An- easement for pasturo l,urpos(,s is hereby reserved for the following purposes: A. The right to pasture horses and sheep upon the pasture easement area and to maintain, repair and/or replace existing fences and gates thereupon; and B. The right to build and maintain new, temporary ferric -es and gates on the pasture easement area at the high water mark at such time or times as a portion of the area within the existing fence. .s under water. The pasture eason-nt is lc•r.,? I%, degcrib,_ i hol-w- That part of Lots 3, 4, 5, 6, 7, 16, 17 and 18, Block 1, THE FARM AT LONG LAKE, described as beginning at the shore of Long Lake and on the most easterly line of said Lot 7; thence north along said line of Lot 7 to a point 121.25 feet south of the most southerly point of Dakota Avenue as shown on said plat; thence north 68° 33' 09" west, 249.27 feet to an angle point on the west line of said Lot 7; thence north 820 46' 17" west, 161.40 feet; thence south 590 51' 12" west, 71.02 feet; thence north 870 02' 07" west, 75.01 feet; thence north 19° 17' 05" west, 101.02 feet; thence north 53° 48' 20" east, 67.62 feet; thence north 37° 12' 04" west, 92.44 feet to a point on the west line of said Lot 6, 387.28 feet southwesterly of the most north- erly corner thereof; thence north 350 45' 58" west, 229.13 feet to a point on the west line of said Lot 5, 295.89 feet southwesterly of the most northerly corner thereof; thence north 520 03' 08" west, 234.01 feet to a point on the west line of said Lot 4, 265.46 feet southwesterly of the most north(.�rly corner thereof; thenc- north 60° 28' 08" west, 341.75 feet to a pint on the west line of said Lot 3, 55.00 feet southerly of the northwesterly corner thereof; thence south 00' 04' 41" west, 44.00 feet to an angle point on the south- west line of said Lot 3; thence south 1° 16' 13" east, 145.00 feet; thence south 340 59' 34" east, 207.22 feet, to a point on the south- east line of said Lot 18, 145.00 feet southwesterly of the most east- erly corner thereof; thence south 53° 54' 25" east, 137.93 feet; thence south 9° 45' 58" Past, 210.85 feet to a point on the south line of said Lot 17, 248.00 feet westerly of the most easterly corner thereof; thence south 26' 56' 54" east, 377.85 feet to a point on the southerly line of said Let 16, 333.63 feet easterly of the south- westerly corner thereof; thence south 870 47' 57" east along the southerly line of said Lot 16, to the shore of Lona thence northeasterly along said short to thie point of lbecinrllnq. The above klest.,ribed pa.;turk ( i�. r, ,,t is •,•;�.r,.,. . • .e t. , `it of the owner!' of ants 3 thr^ugh 7 anli 15 ";r )u.:i• ' ) . ,.. , . ' i-. 1 and th:.'ir flmllies, pi-o dc"l howE +_1 ,.i) •lie -4- easement conforms to municipal ordinances, and (b) each :such owner who uses the pasture easement shall be thereby ohlicrated to pay his proportionate share of the original cost of the pasture improvements, and the upkeep, repair and maintenance thereof, including without " ^itation fences and gates. Section 4. Setback Rec uirement . The setback r.e(uirements for the building on each lot shall be as provided by the ordinances of the City of Orono, which restrictions may be varied or modified by action of the municipality as therein provided. In addition to the foregoing general setback requirements, no structure shall be permitted in the following arc:.a: That part of Lots 3, 4, 5, 6, 7, 16, 17 and 18, B).ock 1, THE FARM AT LONG LAKE, described as beginning at the shoreline of Long Lake and on the most easterly line of said Lot 7; thence north ilo• said line of Lot 7 to the most southerly point of Dakota Avenue as show. •n said plat; thence north 55° 18, 00" west, 40.14 feet to an angle point on the east line of said Lot 7, 402.00 feet southerly of the northeasterly corner thereof; thence north 73° 46' 38" west, 219.82 feet; thence north 540 06' 24" west, 70.00 feet to an angle point on the west line of said Lot 7, 3�)0.93 feet south- erly of the most westerly corner thereof; thence north 540 06' 24" west, 254.42 feet to a point on the west line of said Lot 6, 266.28 feet south- erly of the n. st northerly corner thereof; thence north 44° 52' 11" west, 214.87 feet to a point on the west line of said Lot 5, 21.2.89 feet south- erly of the most northerly corner thereof; thence north 450 49' 26" west, 223.76 feet to a point on the westerly line of said Lot 4, 159.46 feet southerly of the most northerly corner thereof; thence north 32° 05' 46" west, 237.96 feet to a point on the north line of said Lot 3, 182.92 feet west-rly of the most northerly corner thereof; then, zou.h 74° 44' 55" west, 242.00 feet along the north line of said Lot 3 t. `e northwesterly corner thereof; thence south 0° 04' 41" west, 99.00 f(F't An angle point on the southwest line of said Lot 3; thence south 1° 16' 1 ist, 145.00 feet; thence south 34° 59' 34" east, 207.22 feet to a point he south- east li.: of said Lot 18, 145.00 feet westerl}, of the most east, v cor- ner thereof= thence south 53° 54' 25" east, 137.93 feet; thence so.-h 8• 45' 58" east, 210.85 feet to a point on the ;o,jth lire of said Lot '. 248.00 feet westerly of the most: easterly corner thereof; thence goui 26° 36' 54" Bast, 148.85 feet; thence north 870 4?' 57" west, 2_22.09 .'eet to an a-.u1e point on the west line of said Lot 1(, 200.00 feet north ;)f the southwesterly corner thereof; thence south 2" 12' 03" west, 65.09 feet along said west line; thence south 87° 47' i";" er-it, 258.34 feet; thence south 26° 56' 54" east, 154.57 feet to a point on the southerly line of said Lot 16, 133.63 feat easterly of the southwesterly corner thereof; thence south 87' 47' 57" east alone the southerly line of said Lot 16, to the shoreline of Lona Lake: tsionce nort'easterly along s:+i,l shoreline to the point rat beginnin,;. ARTICLE III Nui ..,nces, Livestock and Poultry Section 1. nuisances. No noxious or offensive activities shall be carried on upon any 'ot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighbor- hood. Section 2. Livestock a.id l oultEy. Except as is otherwise herein specifically provided for Lot 19 and the pasture easement area, no animals. :ivestock or xou.try of any kind shall be raised, bred or kept on any lot after the same is improved by the construction of a house thereon, except that dogs, cats or either househ vts may be kept provided that thev are not kept, bred or maintained for any commercial purposes. ARTICLE IV Garbage and Refuse ryisposal No lot shall be used or maintained as a Sur- iq around for rubbish. Trash, gara.age or other waste shall not be kept except in sanitary containers. All incinerators or ether equ,r ant for the storage or dispopal of such materials shall be kept in a clean and sanitary condition, anti kept either (a) within thti garaae as pro-ided he: n. or (b) in a suitable structure below oracle. ARTICLE V !2rArrary St:•ictures, Siang Section 1. Tempoiar St: acture.-. xca st .s:t.er ~emvorary character, trailer, baseinent, teri , garatee, boat ho.Ass , :.•irn or other ou` idin.1 shad Le used ;rn ar.•w lot It any time j�, a residence eithei t .4,orari ly or nvro q,-ill be• :1'. .-anent outside storage of any type of vehicles including, but not limited to, camping trailers, snowmobiles, motorcycles, motorbikes, or boats, or canoes. Provided, nevertheless, that the owners of lots fronting on Long Lake may store boats owned by such owners on the lake shore, to the extent permitted by municipal ordinances. Section 2. All structures shall be completed and finished on the exterior within nine (9) months after commencement of construction. Section 3. Sions. No signs of an} kind shall be displayed to the public view on any lot except one professional siyn if not more than one (1) square foot, one (1) sign if not more than five (5) square fee' advertising the property for sale or rent, or signs used by a developer to advertise the property during the initial sales period. ARTICLE VI Non -Discrimination Any person, when he becomes an owner in fee of a lot, agrees that neither he nor anyone authorized to act for him will refuse to sell or rent, after the making of a bona fide offer, or refuse to negotiate for the sale of or rental of, ar otherwise make unavilable or deny any of the property ownt.d by him on said land to any person because of race, color, religion, sex or national origin. Any restrictive covenant affecting the property covered by this Declar ion relatinG to race, color, religion, sex or n&t i!,.)nil oriWan krecie"h 14 inconsistent vi to this Article vI is recognized as bt,ln• illecal and void -in,! .s specifically discla!med. ARTICLE: 4 I I Buildinc Desicln__Ai;)1)rova1 A. No building shall be erected, placed, altered or occupied on any of the lots comprising said land until the building plans and specifications and plat plan showing the location of such building have been approved in writing as to conformity and harmcny of external design with existing strictures in the subdivision and as to the location of the building with respect to topography and finished 'around elevation by a design committee composed of up to three owners of lots comprising said land. The initial. members of the design committee shall be Timothy Adams, !nary Adams, and John Hartwell. The initial members of the design committee may designate their replacements at any time from among the then lot owners. In the event of the death or resignation of any member of the design committee, the remaining member or members shall have full authority to approve or disapprove such design and location, or to desi.xnat,:• a re=prezentative with like authority. B. Building design and location review by the design committees shall include. b-it n— be limited t^ (a) sire gradinri and 14ndscapinq !ins, (b) loc-ation of all buildings. -) hc-jght and mass of buildings in rel.atior, t,) �Iher th -.ase% on, sl:atl land and the qo-ne'r.lI Tot.-o-, specifications, (e) driveway accesa and (f) exterior finish materials. The plans and specifications to be submitted to the desicin committees hereunder shall include, but not be limited to: (a) site plan, showing finished grades, (b) building elevations, (c) floor glans, (d) septic system specifications, (e) landscape and roadway access plans, (f) a schedule of exterior materials and finishes. In the event the design committee or its desig- nated representative fails to approve or disapprove such design and location within 10 business days after said plans and specifications have been submitted to it, -)r in any event if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant shall be deemed to have been fully complied with. C. The powers of the design committee :shall cease on and ,after ten (.0) years from the date hereo unless prior to said date and effective thereon a written instrument shall be executed by the then record owner of a majori'y of the lots in this subdivision and duly recorded appointing a repre- sentative or representatives who shall thereafter exercise the same powers previously exercised by the design committed. *ARTICLE VIII General Prc)vis ions Section 1. Durati,.,n. The conditions, restrictions, reserve- tion3, easements and covenants of this Declaration shall tan with and bind thf land and shall inure to the benefit of and lie enforceable i by the ownf-r of any 1c?t sui: ;,Ot t- this-jec.lara"ion- their respe..tive legal representati ea, hvirss, suk-ce-4s=>rs and assigns, fc: a term of twenty (20) years from the date this N? cl,arat i.on is r: • -ordeal, after which tire. s.sscf tnvenantsa, resatri,•tic)ns .in,l t�jsewrnts z'tall be automatically ren-wed tear succ-essivv perir>ds of ten (10) years each unless �9- an instrument signed by the owners of at least two-thirds of the lots covered by this Declaration has been recorded, agreeing to change these conditions, restrictions, reservations, easements and covenants, in whole or in part. Section 2. Enforcement. Enforcement of these conditions, restrictions, reservations, easements and covenants shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and failure by any owner to enforce any 3f the same shall in no event be deemed a waiver of the right to do so thereafter. erection 3. Severability. Invalidaticn of any of the provisions herein by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect, until the date of expiration hereunder. IN WITNESS WHEREOF, the part'es hereto have caused this Declaration to be executed as of -he day and year first above written. n n M. Hartwe Ha rtwc: T— THE F„'." AT LONG LAKE, a !Minnesota General Par,ership By �mU"t by c ams ., a G•�nra�� �artn�r n 1M. FlarCw,• , iet raT rtner FIRST,4ATTONAL WK OF MTUNEAPOLIS 13 y. — .. STATE OF *1INNESOTA) ) ss. COUNTY OF HENNEPIN) On this da- of �,Z , .1978, before me, a Notary Public within and for said ount, and state, personally appeared JOHN M. HARTWELL, and being by me dul} sworn did say that he is the person described in and who executed the foregoing instrument, and that he executed the same as his own free act and deed. MpA1f1RIQ 1. Ylfqqr NOTARY PO®l14 - M ta. 8'A -Sh th .T. I— (OPM A.# I&. IM o to ry P ,1 i c STATE OF ) ss. COUNTY OF HENNEPIN) On this, da�' of 1978, before me, a Notary Public within and for said cY nt,1 and state, personally appeared LUCY B. HARTWELL, and being by me duly sworn did say that she is the person described in and who executed the foregoing instrument, and that she executed the same 3s her own free act and deed. A.vvd,n. � YARJORI( L V#"Irov NQiAeT :U$U4 c&OiA 4.4 it INN o t a ry P4Ab I l c J _ STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this �I, li.< day of , 1978, before me, a Notary Public within aiid for said Notary and state, personally appeared Timothy Adams and John M. Hartwell, to me personally known, who, being each by me duly sworn, did say that they are sole general partners of THE FARM AT LONG LAKE, a Minnesota General Partnership; and that said instrument was executed on behalf of said partnership; and said <<rsot►-v Adams and John M. Hartwell acknowledged said i n s t r ume qF.10W!'�t�^�I act and deed of said partnership. •A*J04" t Nwe r:yq. qv onµ P,„ f{}�1„►_. �_.Yi.aa Rv,� Notary P is STATE. OF MZ'v, COUNTY OF HENNEPIN) On this 2t day of Alt,._ , 1978, before me, a Notary �P lic within-ancT for said county and state, tersonally appeared R and �2 PG: snJ . to me personally , w� o, Fieing ea c�u�} aw�irn, comic �say that they are respectively the _ and C� ti:itll nlrig... of 4�T-NATIONAL BA�F MINNEAPOLIS, a nationa an..ina :i.. tion; that the seal affixed to said instrument is the corporate seal of said association; and that said instrument was executed on behalf of aid association b authority of its Board of Directors; and said %�1t� {,, /�Ai/ �' and P y_t _ ._. _,__ > [_d_._ y ar. now yes sr�zd ;nstr�t*nt. t.: he ree-. _ � E c 1� s117 association. wt �j ) 10 THIS 'INSTRUMENT WAS DRAFTED tiY: Le�snard, Street and Dvinard-.SRP 1200 National City Bank 81du. Minneapolis, Minnesota 55402 11- — l �" 'ff' CITY OF' Up;� (I HENNEPIN couilTy, '-IIN,vI:SU'TA SUBDIVIDER'S AGREEMENT FOR THE FAR*; AT LON(,, LAKE THIS AGREEMENT, Made and entered into this da-,• of Quj 4- 13 April, 1978, by and between the City of (hone, + riunicip,ei corporation organized under the laws of the State of Minnesota (hereinafter called "City") , and The Farm at Lonq Lake, Minnesota oartnership, Timothy A.ams and John i1. Hartwel partners (hereinafter called "the partnership"), its heirs, successors and assigns, (the par.tr:c_rshir..) being hearcinaftcr called "Subdivider") , pur:haser under contract for riced with John M. Ilartwv11. W I T '_v E S S E T H: WHEREAS, the Subdivider has made application to the City Council for approval of a Flat of land within thc corl.x)rate limits of the City described in Exhibit A attached heretu and incorlrorated herein by reference (the "Subdivision"): and WHEiXAS, the City Council has granted preliminary approval to the Subdivision, on the condition that. the Subdivider enter / into this ac;reement to provide for tht.- installation of stroct3f alai utilities^on the terms and conditions hereinafter vt forth. &A Ak - - -o.,& ioilature et_Subdi_vidt'r initial-, of City .'1c.°t;� e M gfer 1, u t, I NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Improvements. In accordance with the policies and -rdinances of the City, the following described improvements ihereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions herein- after contained: A. Etreet site grading, incluling all necc-r.ar-,- erosion control procedures (hereinafter called is reet site grading improvements") ; B. Street ;rading (public or r)rivate) , (?raveling and stabilizing (hereinafter called "street improvements"); C. Culverts M ereinafter called "culverts") D. Standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision to be installed only by the City (hereinafter called "traffic signing improvements"); E. Landscaping, consisting of reseeding of all s_hculders and �3itches, and, such, additional measures as required by the Cit f,)r erosion control as area specified by the City Enjineer, an of—.the_ use of, hay bales._.a.�or soddinu (hereinafter called "landscaping improvements"); r. Underground gas, electric and telephone sorvice to be arranged by the ,5_u1?divide with the ut i 1 ity companies involved (hereinafter called "utility improvements"). fiignature o�lSubdivider Initia s of City perk 2. Warranty of Subdivider. The Subdivider hereby warrants and represents to the City as inducement to the City's entering into this agreement, that Subdivider's interest in the Subdivision is vendee under contract for deed with fee owner dated August 25, 1977. 3. Designation of Improvements. Iriprcvements to be installed at Subdivider's expense by the Subdivider as hereinafter provided are hereinafter referred to ds "Plan A Improvements." 4. Irrevocable Letter of Credit. Piior to issuance of any building permits in this Subdivision and prior to the installation of any improvements by the City or Subdivider, the Subdivider shall deliver to the City Enyi.4e! revocable Letter of Credit" in the amount of 5 covering • the Plan A Improvements described below, and p.-oviding for release of amounts thereunder upon completion of such work and approval thereof. Uy the City. 5. Plan A Improvements. A. Improvements. The Subdivider will construct and install at Subdivider's expense the following Plan A Improvements according to the following terms and conditions: Signature of754bcHvicler I nit l a i9 of City Cl e rTc_. - 3- ly!.)e of Improved-rit a. Street site ^radii,y improvements b. Street improvements Construction plans, specifications or con- tract for improvement att- ied and incorporated l,. r. .,i by reference as I'Ctjr,ItCrd t,on- 0X11i.l-)it: struction C ;-;t Exhibits 1 and 2 S Exhibits 1 and 2 # c. Culverts Exhibit 3 d. Traffic signing im- provements (to be installed by City) Not Applicable e. Landscaping improvements Not Applicable f. Utility improvements Not Anplicabl.e * TOTAL ESTIMATED CONSTRUCTION COST: PLAN A IMPROVEMENTS Above estimate prepared by Bruce Kelley, a registered engineer, Minnesota Reg. #5713, of Clark Engineering Co. B. Construction Plans and At.?rnrc.:►al Thereof. The Subdivider has engaged at Subdivider's expense a Minnesota registered civil W 0001 engineer to prepare detailed plans and specifications for the :omplete installation of all Plan A Improvements to be installed by Subdivider, in accordance with: (1) Exhibit 1, "Road Profile for The Firm at Long Lake" dated December, 1977, prepared by Clark Engineering Co. and approved by the City as of this date; (2) Exhibit 2, "Proposed Road Sections for The Farm at Lake" dated March 16, 1978, prepared t,y Clark Engineering Co. acid approved by the City as of this date; and §IijiiaCureof Su6divi'air Initials of City Clerk -4- (3) Exhibit 3, "Developer's Recommendation for Culvert De- signs" dated March 3, 1978, prepared by Clark Engineering Co. and approved by the City as of this date, said Exhibits 1, 2 and 3 being attached hereto and incorporated here- in by reference. The City reserves the right, but shall not have the obligation, to inspect the construction of all Plan A Improvements. C. Services to be Perfor!a(Ld by Cite and Payment Th-.2refor. (1) With respect to Plan A Improvements, the City will (a) review and approve the Subdivider's securing all necessary permits; (b) make periodic inspection of construction methods and materials; and (c) make final job inspections.1p (2) For such services, Subdivider will esr-row with the City a sum equal to 3% of the total construction cost of all Plan A Improvements at the tired' of the execution of this ac;ree- ment. The Subdivide- will provide the City EnaindL�r with true, accurate and complete information as to bid and all construction costs. Upon the City's final inspection :and:approval of the completed Plan A Improvements, the City will remit to Subdivider any amounts remaining after the City has charcied against the escrow account all expenses incurred by the City for the auove services and for any other reasonable expenses incurred by the City relating to the construction of Plan A Improvements. In the event that the charges incur .1y the City exceed the escrow amount, the Subdivider shall pa} io City the excess within 30 i-rys after receipt of a stater, crefor. The City Engineer wil: Execute the certificate of s: `ial completion after the City receives all amounts due. D. Construction of Plan A Im rc vemcnts. (1) Completion Date. All Plan A Tmprovements s�iall be completed not later than December 31, 1478. 94 e-r� —_ _--_..__ I'll iti_als o��ti. t}•__ __ ._.. � l��rk -5- (2) Approval of Contractors. Any contractor sele;:ted by the Subdivide~ to construct and install any Flan A Improvement must )e determined in writing b}, the City Engineer to be acceptable. They City roses• the right to require satisfactory proof of successful c�x;.F rience and adequate financial status of any such contras -)r. ( 3) Pre -Construction Conference. If re,,iui.red by the City Engineer, a pre -construction cc -Inference shall be scheduled by the Subdivider no less than 5 days prior to the start of actual 1..� construction of any improvement. Such conference shall include: a representative of the Subdivider, the Subdividers: engineer, the Subdivider's contractors) and the City Fm.1ineer. (4) Construction. The construction, installation and materials shall be in accordance with Exhibits 1, 2 and 3 attached hereto. (5) A ency Review. All of the work shall be under and Subject to the review and approval of the City Engineer and, where appropriate, any other governmental a(lency having jurisdiction. (6) Easements. The Subdivider shall make available to the City, at no cost to the City, all permanent or temporary easements Signature :�t= Subc�vider Initials �-City C'�vrk -6- nece. .r•.p Zor the installatio: :if the Pl -in A remer.ts, as d,:.,termined by the City city„,eer. Ai I s ich easements requested b% the City shall be in writi!ia, in recur. -!able form, and on the standar-I t�asvrw-nt _�-)rm of tht� City or or. such o`her terms and conditions the City shall dx�t, rlrine. (7) Insurance. The 3uodivic'e will cau:; -,+ach parson who construct, a:,d -stalls ,*ny of the Plat: A / Impi ants describ=• aragraphs 1.A., I.B., I.C. and to furnish* C'k . •.[: e,�,Hen:.e rs. insurar.or _ caves -age (include.. Wotkvae:.'s Compen;!a'yre7T E�" :•r� �i damage) in the amount r f § w �Q, F3thf• Perfc,s: '_rsctin.o "- ra •t and "array: . Thou Subdivicrr wi:l full; and )-ply e: _.; all terms of any and all cent r.lc:ts entered by `r,w Subdivider for Vie inst..'tatior► and constr:x;t:L Man A ':wrovements are.. eby ;I :•iiant : e% the workr— mste:: ial .i fa- a Lwr ic• . .n.� y w it fc-•. the C . acceptance of the P0 I ruv+srei ts.1 .-.na avre - -s to r-Pa ir or repi -e, as dire_ uy v City, and at b4bdivie:err's 9^19 cost and !a -e4. .1. #,urkmanship -sr mat*.•r.. .s tha: beccue defective, in t�w sole tit*• : ter, wi in s .id oae—,,ca►r period.* Con,. i. , -.th the r ii � x4� +�1=mac 1 V the Subdivider, th,: 1—abdivi.der will furn.�-,�i t-,, arl'i at all times hereaftct .,nal. maintz.n with, the City the Frre,m-cable Letter of Credit described in para�4raph t. herein (until th% Letter of Credit is authorize-1 to be tz. rwknated h+ re -ander) . Included among the obligations of the Letter -.)f Credit shall be that the Subdivider shawl fully and faat':`ully d� r,:ha-ge Sublivider's obligati_,.¢ w:tij reS"C_ct the Alan A wf�: v+ rsts during tfe installation and--onstr•act L-in period and •..:at =aty arise a.s a -asult of Subdivis3-r's one -bear 4 arantN . and that all pe-sons doiaq work ;r --n inq skills. Gaols, mochirwry, material- , insurance J, a4Jirment, - sty. , in -onnection with the cot xtion and i.xsta:, at i*n th' Plan A Inprov*ments, or in c... .t ion with ar. work tP recur under trre mm-year 1 .. azoty of Suiadsv der. s :.41 1 to pat therefor. o. ROAK ►ntorance rrenis. A►tt.acho*i _ to an+d it arpor tAN4= hie -in by reL_&a.ac* as Ex''!'t&ta B and ". re:spef.t are may, Maaintenenre Agre!°eoents cov+erirv4 W)rth Farm ltad 10utlot 131, and West farm iki-ad (Outlot C! asdeaf-t ibed the plat of subdivision a .tacbed hereto as 1zhibit A. The Sksbdivider agrees to re ts.Are .'h:asers of lots &$Joining sAid North Para mad aard sa. d « s Ljjj:!�,ctavely t., atitr,.te.e the rri iin *'laxn•.e �a*..:r hrreea+ nt� of 1Mtci'.'x'. 1S sttaM�ic_. :tePr,`ti cSt.wr &s ExisatoAt R or iXh,.L:c.t C. LO, as S. 7. Fees and Exuenses. The S ibdivider agr—s to D-_ all City fees required uer the current City Fee Schedule, and further agrees to complet^ly reimburse the City for all the reasonable ex;,,enses it inc,-;rs in regard to the teview and approval of Lhe Improvements an3 this Stasdivision including, but not li-shed to, direct City payroll and overhead, costs, fees paid to consultants and other urofes_sionals, and the costs of printing, mail.iny and supplies. The Zoning Administrator will detemrine ersP_rou !7:)unts to cover these exrenses pursuant to the current City Fee Schedule. Escr:rr deposits shall be raje at the time of. executi ,n of this ac,reerv:r.t. S. Issuance r`Al a i 11 :ing Per -ills. T.Ie City may not grant builaing gcrsrits a-- '/or certificates of oc_upancy for devclopr-lent of residential. struc:tur = :n the Subdivision until the certificate of completion for Plan A Imurovements has +,,,-?n issued angineer as folloewPss Ccmvlet ion of All of the fcllawi.`:g Ites;s of fini1. i can <oinvletion of street i"te q, s.regtgut no arjib0rt!s (l) Upon completion of utilities 9. Piock(s) and Building Per'"' t PFFIVc? lots the City I.ot (s) Certi fi;:ates of occupancy •ig.t, _2 3 40010 All rosining I is O Binding Effect. The terms Pnd F:rovisions hereof shall to 5 Clt, aC. acre ©1'9u, iv d r . __ _. binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or ae.y part of the Subdivisio--.. �" 7 10. ;notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this .,greeme,nt to %jr on the ether party, such noti::E or 0 shall be delivered personally or mailed by United States maLi to the addresses hereinafter set forth by certified mail (return receirt requested). Such notice or demand shall be deer.*-d timely given when delivered personally or when deaos i ted in thnw i 1 in accordance with the above. The addresses of the parties hercco are as follows, =-nti 1 changed by iotice given as above: T2 the City: Cite Clerk 4 Administrator City of Orono P. O. Box 66 Crystal Hay, Minn --rota 55323 To the The Farn at :..onc3 l.aK,' Sub dlvider: c,'o Timothy Adaz".'s11r_�*-t���„ 820 Brnwr. Road_`I_Nr--A Long Lake, Minnesota 553.L6 11. Ruloasv of I.etter of �.-to dit. Upon performance by the Subdivider of the Plan A Im1.,rove,n*��nts tr) b4� _-umEleted by aabdivider as described in subparao-aphs I.A. , 1 . 1. t.,;_i 1 .C. , and approval of such work by the �City, the C thrUUq 1 ti,rr 'lt 1:n. inv*-r, shag .._ .. give a written release to the .Lvider for the slms sect. -ring i n work under the IAtter of Credit... "non co; letion of the work described in by _he r An-i approval thereof by the Cit"., the City Engineer shall give a written releas-, to t1i Subdivider for the sun securing such work .nder the Letter of —edit. Upon the expiration of tho q,_:inty nr warranty period herein and the pt tr- anct- by the Suudivider ut the Subdivider's oblinations hereunder pertaining thereto (if any), the City Engineer shall give a final release to the Subdivider for the remainder of the sums securing such guaranty or warranty work, and authorize termination of the Letter of Credit. 12. Final Plat Approval. "I"he City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreewent and delivery of the Letter of Credit to the City and approval, by the City of the same. 13. Incorporation by Reference. Ail' contrare s for the Improvements furnished and let pursuant to t,iis auree. .ft - �ts �- stab I be and hereby are made a part of this aqrovont trf re"et _,nce as *fully as if SCt OL . herein in full. "I 14. Hold 4arn.less and Indemni*ieation. The Subdivider shall indemnify and hold harmless ti.,- City ati- its agents and employees from and against all cldi:is, damages, losses or expenses, incladinq attorneys' fees, which the City may suffer or for which it may tv9 held liatle, arising out of or resulting from the assertion against the City of any claims, debts or obliqations in consequence of the tierformdnce of this agreement by theSuWavider, its emp-loyees. accents . er I j.' f ... 7 or subcontractors, whether or :rot caused in part by a party intlevinifie4 hereunrlcr. 15. Covenants Concernina Title. Subdivider hereby warrants that it. has a vendc:e's interest in the property in th* Subdivision O.""' and warrants that there are no mrartgd(..i,-!s or liens filed on the Subdivision presently or as of the t'-* of the filing of the final plat for the Subdivision except as frill=. ws: Name J_'in M. Hartwell Address 369 Bushaway Rcjad Wayzata, M.'V 55391 Te i ejAione N uae r 789-24 +1 F rst `:atTonal ..'c:a Mr. Paul FA;.meter I�:'y14 Bank of M4inneapolis `"-neapolis, KN' 55480 The Farm at Lang c/o Mr. Timothy .2ldarr.s Lake, Timothy 8.20 Brown Road lNor. th 47 3-64 Adams and ,Sohn Long Lake, MN 55 356 R. Hartwell, Partners r T}rw_)thY and Mary §20 brown Foal North 47 - 4478 Adams Lone Lake, MN ')'356 Interest in P_r. °perty _ .-'?n.. tr act Vendee to rmi hate uno►'! r e co r ting:_�l a t ind sale o51ot rej2r.g3enti hold estate to the Adanses ) lb. Remedy for Default. D fa'jlt by the Subdividet or any of the term of this agreement shall automatically result in the suspension cr withholdinq of all permits, licenses, ocrupancy certificat•-�s or other authorizations issued by the City 91Anature o7f i s74`er �n t i � T s o p Ci ty Cie► roc ---� _�.. _12- in connection with the property included in this :subdivision. The remedies afforded co the City under this, section shell be in addition to any other remedies to which City may be entitled L; law or other agreement IN WITNESS WHEREOF, the Cite and Subdivider have caused this agreement to be duly executed on the day and year first above written. In Presence Of: CITY OF ORONO Hv And SUBDIVIDER THE FARM AT LONG LAKE By T mot AAc ams, Partner By 3nhn" Ma"rrwell , Partner STATE OF MINNESOTA) I ss . COU14TY OF HENNEPIN) The foregoing instrument wan acknow 1edried before- Me. a Notary Public within and for said county and state, this day ,of April, 1978, by and , M'Vor and Cty Ck—rk, rE'9I?LCt1Vf lj', Cl ��lt' l�]; f) rlCrllr , 1 "!?nn(--,ota r*'unicipal co on behalf of the muni(.:.'al col. 'i.:]tior). Yut.ary Public STATE OF P INNIF:SOTA) ) ss. COUNTY OF HENNE:PIN) The foreaoinq instr"^rent was -icknowlodged before mo, a Notary Public within anc' r said county and state, this __ day of Apri 1, 197 Timothy 1'.dms and J )hn M. F:artwel 1 , both Partners of THE: FAI, L014G LAKE, a Minnesota partnership, on behalf of the partnership. Notary -i c -14- CITY r)F OR'.)No HENNEPIN COUNTY, MINNES()TA SUBDIVIDUP' S AGRFEMENT FOR THF. FART AT LONG, LAKE: THIS AGREEMIENT, Made and entered into 0 da";, of April, 1978, by and between the Ci tv of or,). MunIcIpa • corporation organized under the laws of the State of Minnesota (hereinafter called "City") , ind The Farm at Lone L-ike, a Minn,�sota r,artnership, Timotoy Adams and John M. Hartw-ell, partriers (hereinafter :a ...d "the nartnership") , its heirs, successors and assigns, (the partr,er.shiv ocino hereinafter called "Subdivider") , purchaser under contrar7t for ileod wits; John M. Hartwell. W I T N E S S E: T If: WHEREAS, the Subdivider has mjde application to the Cit/ Council for approval of a plat of land within the corporate limits of the City described in Lxhibit A attached hereto and incorEk7)rat.ed herein by reference (the "Subdivision"); and WHEREAS, the Ci tv Council has gr:iatLd preliminary approval to the Subdivision, on the condition that the Subdivider enter into this agrcement to r,rovide for the installation of streets and utilities &r.i ot)�r irpmvea[t:-tits on ttw- terms and conditions hereinafter scat forth. Slc;ndt E' t�f SU�JC��vi er r" Initials E;f City Clark NOW, rHEREFORF, in consideration of tht-! premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. -Improvements. In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Improvements") shall be constructed and installed on the terms and conditions herein- after contained: A. Street site grading, including all necessary erosion control procedures (hereinafter called "street site grading improvements"); B. Street grading (public or private), graveling and stabilizing (hereinafter called "street improvements"), C. Culverts and other drainag;e imp: cements (all hereinafter called "culverts"); D. Standard street name signs at all newly opened intersections and such other traffic control signs within the Subdivision to be instol led only by the City (hereinafter called "traffic signing improvements"); E. Landscaping, consisting; of sodding and/or seedinq of all shoulders and ditches, as required by the City, and such additional measures as required by the City for erosion control, all as are specified by the City Engineer (hereinafter called "landscapir- improve;r,cr.ts") ; F. Underground gas, electric and telel hone service to be arranged by the Subdivider with the utility companies involved thereinafter called "utility improvements"). t.A ! 11 11 Signatuire o Subdivi er Initials ciT_Clty C-Terk -2- 2. Warrarlt� cif Subdivider. The Subdivider 11oreb, warrants and represents to the City as inducerent. to the Cit•,,'s entering into this agreement, that Subdivider':, interest in the Subdivision is vendee un,ier c(,n*_ract for del with fee owner dated Auqu.,t 25, 1977. 3. Designation of I;_ �r���_er �. ;i*_ It" r .�v��^rt:rats to installed at Subdivide -'s (-_-xpense b•: t.hr, 5ub.1ivr.der as hereinafter provided are hereinafter r.-ferreri to as "Plar1 A Improvements." 4. Irrevocable Letter of C'r#-:.3it. Prior to issuance of any building permits in this Subdivision and prior to the installation of any im; overrv"�nts 1,•: the City or Subdivider, the Subdivider si3ai l deliver to the City Enciineer an "I t revocaV e Letter of ('resit" in tho -,unt of 5 24,000 covering the Plan A Improvements ot.-A below, and providing for release of amounts thereunder uj on comilc.ti.on of such work and approval thereof by the C i t v . 5. Plan A Improvf:ments. A. Imrovements. The Subdi vi"Ier will constt uct and install at Subdivider's exriense the. following Plan r. Improvera?nts accordinu to the following t orms .Ind c end i t ic>n,; : Si-natu Of-StAdi viac•r Iniii��lg ��('ity "lerk - 3- Construction plans, spec i f i cationn, or :on tract for improvem*ont attached .and incorpor._.,ed herein by reference as Estimated Con - Tyne of improvement exhihit: s;truction Cosr. a. Street site gradi, improvements E'xh;1> 1 J 2 $ 9,500 b. Street improvements Exhibits 1 .nd 2 10,000 c. Culverts Exhibit 3 2,500 d. Traffic signing im- provements (tv be installed by City) Not APT)licabl� N/A e. Landscaping imi •ovenents Not Applicable �1000 f. Utility improvements Not Applicable N/A TOTAL ESTT"ATFn CONSTRUCTION COST: PLAN A IMPROX -.— NTS $ 24 , 000 Above estimate prepared by Bruce Kelley, a registered engineer, Minnesota Reg. #5713, of :'iark Enai.neering Co. B. Construction Plans anci A,:prov.-il The re:,,:. Vie Subdivid•2r has engaged at Subdivider's expense a Minnesota rcriisterc,: civil engineer to prepare detailed plans and specifications for the complete installation of all Plan A Improvemen+ to be in::t.alled by Subuivider, in acc:cr.iance with: (1) Exhibit 1, "Road Profile for Tlit� 1'arri at. lnn�, T-ake" dated pecen^l,er, 1977, Rrepared by 'l�irk Encgi: . . it, Co. .,J approved by the City as of thi:; data; (2) Exhibit 2, "Proposed Road Sections for The Farm ,t Wnq ,ake:" d:ated March 16, 1978, ureparod by Ll.irk Lngintl-orin:r and approved by t. r. �_'� t . -I.- c)f this clatt ; 4,r,ci Siclnatucif-5ul,divic.._ 1^i.ti als of City C1...•rk -4 ( 31 Lxhii,it 3, Pecommendation for Culvert, Ue- sic,rns" clate.d Marcft 3, 1978, -•re; +rt--d t.);, Clark, Enqinr>c•rinq Co. and of ).,rovEcd by the City ,as f-t f this date•, said Exhibits 1, 2 and 3 betinq attache_•d hereto and incorporafed here- in by reference. The City reserves the right, i>ut shall not havo the obli-;-)Lion, to inspvc-� the construction of all Plan A Imt)rover^:e.yr.ts. C. S^rvices to be Performed by Ci_tL Payment ":'herefor. ( 1) Witn rest ec'� to Plitt A Im-,rovements, the City will (a) review and atjt)rovL! tht, SuiAivider's securin(I all necessary permits; (b) make in,;T)ectton of c-onstruction methods and materials; and (c) make final job inspections. (2) For such so-rvi^es, Subdivider will. e- -•row with they City a sum actual to 3% of tho tot.il construction cost of .all Plan A Improvements it ttic t imu of the exv ut ion of this aore•e- Ment. The Subdivider wi 1 l provide. they City Unnineer with tram, accurate and coriplete information ss to birls and all c•:.nstructil.: costs. Ulpon tho Cit.y's final inspection and approval *. f `he completed Plan A lmprov('w nts, the City will remit to Subdivi,' any atnounts retraininc after the City has charged auainst the escrow account .7.I1 exponseg incurre.l by the City for the above services and frjr anv other reasonable exf+ense,�s incurret: by the City relatintr to the c•onstr;.(�tion of Pi an A Irprovements. In the eve_-nt that thc, char�rvr inc arred h- tht_ Ci t.l. exceed the escrow -amount, the Subdivider !,hall E.•,•r tri tho C t•, the cxco.,;s within 3r, days after re-ceipt ()f •t stater.i,nt there for. ""he City Engineer will execute the cent i f icate of substantial completion after the City receives all amour*s rlt.ae•. U. Construction of Platt A Imp r: •.came:rn* (1) Completion U.etc•. All Plan A Improvumc nits shall be completod neat later t1i�an D. r-c:ml u-r 31 , I478. S i ctn a t u ii f iaia i i v i; is r �t I.ti ,f at '1 rk (2) I,ZLroval of Contractors. Any contract,>r st•lc:ct._,d by the Subdivider to construct and ins*tall any Plan A Imprcveme.nt must be deterr.i nee in wr i ti nq by the Ci t;, Engineer to be a,,ceptable . The City reserves r i q!-. ` i.c, require satisfactory proof of succc,ssful ox... i(.•:I -a= an...I adequate financial status of any such contractnr. ( 3 Pre -Construction Confc;-renco. If r�r :+..irr i the Engineer, a pre -construction c-))nference sh.:all Lw sch(,_iiaied .)y the Subdivider no less than 5 days prior to the Start ,f actual construction of any improvetrtent. Such conference shall include a representative of the Subdivider, the Sub-iivider's engineer, the Subdivider's contract.-r(s) rind thr, City Engineer. (4) 'onstruction. Tho construct on, installatifan and materials snal' be in ac-cot,Aa;i,ce with E:xhiLit.s 1, 2 lid 3 attached her(.. (5) A2enev Review. All of the work shall be under and subject to the review and approval o' the City E:noineer and, witure appropriate, a-iy other c;overnmental ioencJ having jurisdiction. (6) Easements. The Subdivider shall ma; ev available to the City, at no cost to the City, .all. permanent or temporary easements ignatur o avicl� r Ini•ials of City CIei�, -h- necessary for the installi Lion of. the% Plan A Improvements, as determined by the City Lnyineer. All such easements requested by the City shall lie in writing, in recordable form, and on the standard et-isement form of the City or on such other terms and conditions as the: Cite,• shall letermine. (7) Insv-. .ince. The Subdc , vider wi 11 cause- each person who constructs and installs any of the Plan A Improvements described in paragraphs 1.A., l.B., I.C. and I.E. to furnish the City with evidence of insurance coverage (includ inq Workmen's Compensation, 1 i abi l ity and property damage) in the amount of $ 100,000 per occurrence. (8) Faithful Per.forriar;ce of Construction Cont- ract and Warranty. The Subdivider will fully and faithfully comply with all terms of any and all contracts entered into by the Subdivider for the installation and construction of all Plan A Improvements and hereby quarantees the workmanship and materials for a veriod of one year following the Cit-.'s final acceptance of the Plan A Impr--�vemi.�nrs, and aurees to repair or re_p13rc--, as directed by the City, and at Subdivider's sole cost and expense, any workmanship or materials that become defective, in the sole opinion of t:ie City, within said onv-year period. Concurrently, with the execution of t.::is agreement by Si{;natur of Sub�livid+er Irtit i_�1:; , t`ity t'lc�tk the Subdivider, the Subdivider will furni,,h to, and at all times hereafter shall maintain with, the- Cit.v th lrruvocabIv Letter of Credit described in paragraph 4. herein (until the Letter of Credit is authorized t,) be t• rminaty' her-tinda. . Included amonu the obliga=ions of the Letter of Credit. shall be Oat the Subdivider shall. fully .and f.-iithf!.alay discharge Subdivider's ubligations with respect to thy_., Plan 1% Improvements during the: installation and construction period and that may arise as a result of Subdivi0er's one-year c,u.arant* , and that all persons doincl work or furnishing skills, tools, machinery, materials, in=uranc:e prerriur,s, equipment, -)r supplies in c:11nnection with the construction 3rirl installation of the Plan A lm:_rovements, or in connection with any work thereon under Lne one-year guaranty of Subdivider, shall be raid there:ur. 6. Road Maintenance AE!j ei ents. Attached hereto and incorporated her,::in by reference.. .as Fxh..:bi s B -arid C, respectively, are RoadwIar Maintenance Agreements covering North t'arm Road (Outlot :.) and West Farm Road (Out lot C) as described n the plat of su1)Jiv1sion attached hereto as Exhibit A. The Subdivider agrees to require purchasers of lots ad joining said North Farm Road and said West Farm R�aad, respectively, to execute the oriflinai Maintenance Agreemment, c�il)y of which is attached hereto either as Exhibit H or Exhibit C. as the east, may be, as a condition of ptirchasino such 1 )ts. ../ c.w...►� i�C.�i4.w�.�ra 5iynat.ur gar .5uhdr•ri �r i In'tials of 6ty Clerk 7. Fees and Cxc)enses. The Subdivides agrees to oay all City fees required per the curre,it City Fee Schedule, and further agrees to completely reimburse the Citv for all the reasonable expenses it incurs in regard to the review and approval of the Improvements and this Subdivision including, but not limited to, direct City payroll and overhead, costs, fees paid to consultants and other professionals, and the costs of printing, mailing and sup .es. The Zoning Administrator will determine escrow amounts to cover these expenses r)ursuant to the current City Fee Schedule. Escrow deposits shall be made at the time of execution of tLis agreement. 8. Issuance of _Building Pernits. The City may not gran!. building permits and/or certificates of oc,.-upancy for developn:e-nt of residential structures in the Subdivision until the certifica-e of completion for Plan A Improvements has been issued by the City Engineer as follows: Block(s) and I.ot(s) Completion of All of Building Certificates the Following Items Permit r)f Occur (1) Upon recording of final plat Lot 24 Lot 24 (2) Upon completion of street site grading, street grading All remaining and culverts lots (3) Upon completion of utilities All remaining lots 9. Binding Effect. Thc- terms and provisions hereof shall he Siynatu 6 Su ivider' fnttials of C'i-ty Clerk -9- binding upon and inure to the benefit of the heirs, repro-,entatives, successors and assigns of the partit!s hereto and z-:hall be b.ndinn upon all future owners of ail or any Fart of the Subdivision. 10. Notices. Whenever in this agreement it shall be required or permitted that notico or demand be rliven or �;crved by either party to this agreement to or on the other party, such notice or demand shall be delivered personal1v or mailed by united States mail to the addressers hereinafter sett forth by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered versonally or when deposited in the mail in accordance with vie above. The addresses of the parties hereto are as follows, until changed by notice given as above: To they City: City Clerk & Administrator City of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 To thy- The Farm at Long Lake Subdivider-: c/-n Timothy Adams, Partner 820 grown Road `forth Lonq Lake, Minnesota r) i3 6 11. Release of Letter of Credit. upon performance by the Subdivider of the Plan A Improvements to be completed by Subdivider as described in subparagraphs i .A. , 1 .1+. ind .1 .C. , and approval of such work by the City, the City, through the City Engineer, shalt give .i written release to the Subdivider fc_�r the: sums serur►nq such iunatur �f__§. rlr initials of e: ity Oor.k work under the Letter of Credit. Ur)on completion of the work described in subparagraph I.E. by the Subdivider and at)pr(-)val thereof by the City, the City Engineer shall give a written release to the Subdivider for the sum securing such work under the Letter of Credit. Upon the expiration of the guaranty or warranty period herein and the performance try the Subdivider of the Subdivider's obligations hereunder hertainincq thereto (if any), the City Engineer shall give a final release to the Subdivider for the remainder of the sums securing such guaranty or warranty work, and authorize termination of the Letter of Credit. 12. Final Plat Approval. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and delivery of the Letter of Credit to the City and approval by the City of the same. 13. Incorporation L faeferen(x. All plans and specifications and contracts for the Ittprc)vwents firnished and let pursuant to this agreement shall be and hereby are made a s.fart of Lhis aclreeme.nt b � reference as fully as if set out herein in full. 14. Hold :harmless and Indemnification. The Subdivider shall indemnify and hold harmless the City and its agents and employees from and against all claims, dam-vic*s, losses or expenses, including attorneys' fees, which the City may suffer or for which it may be held liable, arising out of or resuitinq from the asssurtiun against the City of any claims, debts or obli�-ations in consequence of the performance of this agreement by theSubdivi.der, its emvlo ves, acjents I!, j< f-gubdlvid,,r. InitJaTs of. City Clerk III or subcontractors, whether or not caused in part by a party indemnified hereunder. 15. Covenants Conce'r.ninq Title. Subdivider hereby warrants that it has a vendee's interest in the property in the Subdivision and warrants that there are no mortgages or liens filed on the Subdivision presently or as of the time of the filing of the final plat for the Subdivision except as follows: ToIec�)ho�no Interest in Name Address Number Pro ert John M. Hartwell 369 Bushaway Read 789-2491 Wayzata, MN 55391. First National c/o Mr. Paul Bauer 371-4141 Bank of Minneapolis Minneapolis, MN 55480 The Farm at Long c/o Mr. Timothy Adams Lake, Timothy 820 Brown koad North 473-8478 Adams and John Long Lake, MN 55356 M. Hartwell, Partners Timoth and Mar- 920 Brown Road North 473-8478 Adams Long Lake, MN 55356 nwner'Contract- Vendor "Mortgagee Contract Vendee -VSS00' ( base to terminate ut)on recording of plat and sale of lot rcuresentino lea:, - hold estate to the Adamses ) 10. Relmedy for Default. Default by the Subdivider of any of the term of this agreement shall automatically result n the s ispesnsion or withholding of all permits, license:', occupancy certificates or other authorizations issued by the �%ty le'll, /I - / 11 ••1.�...,a Sign to o ub 1%1 L er �nitiaf ���f t'ity~Ct+�rk- -12- in connection with the property included in this Subdivision. The remedies afforded to the City under this section Ghall be in addition to any c"her remedies to which the City ml entitled by law or other agreement IN W':NESS WHEREOF, the City and Subdivider have caused this aIreement to bc, duly execute�3 on the day and year first above written. In Presenr.c Of: STATE OF MINNESOTA) ) Ss. COUNTY OF HENNEPIN) CITY OF ORONO By Its Mayor And Its City Clerk - SUBUI VIDEP THE PAPM- AT LONG LAKE By TimothAd•�ms,artfie r By trier The foregoinq instrument was ,3cknt)w1edgvd before me, a Notary Public within and for said county and state, this day of April, 1978, by -1 .3 - and Mayor and Ci ty Clerk, respectivel1,, (5 V the Ciof Orono, a 'Minnesota municipal corpora- tion, on behalf of the municipal corporation. Notary Public STATE OF MIN`JESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was ackt,-,-:i, dged bofore mv, i Notary Public within and for sai,!. county and state, this �r64 day of Apri1, 1978, by Timothy Adams and John M. Hartwel1, both Partners of THE FARM AT LONG LAKE, a 'linninsota partnership, on behalf of the partnership. 0AAAMA. "v:wJ1A• VICEIE.N7 ` MC?ART iU*UC MIA' o!A IiQt l r U1 C ,•�t NENNEPIN COUNTr M, dry ENlrq pi Ii. 19>f0 R ti^lV1i� -14- -7- HENNEPIN COUNTY PUBLIC WORKS Permit No. fit`11 320 Washmgtn:r Avenue South Hopkins, Minnesota 55343 !t't+t �R 191d APPLICATION_ FOR DRIVEWAY OR STREET ENTRANCE PERMIT LA" it OF OPO`, o -..4 *W "Gerwal Requiremnts" revem skle) Name of aVPLcant __ ___:___...____r��._._._...___.._.-._.. __�_.__ _..__ _ Phone J Address _ Name of Property Owner -_ � _ ',___�._— -- Address 1. Contractor performing work Phone 2. Application is hereby made for perrmssron to construct and thereafter maintain. (Q!, ew 1si ,� Public Streetts) 3. Building to be constructed Yes X No Residence Commercial (Speti'y Type) 4 Driveway or street will be: a -Temporary X Permanent Date proposed entrance will be needed: 5. Is the property A Platted Ll Unplatted Number ,f present driveways or entrances to property 6. 8urkirnq Permit acquired Yet 4 No City Permit No 7. Type of proposed entrance surface Bat,imulous Concrete 7 Rock Other 8. Location rAddr•ssl TCe. Oedl Ct�: 9. Location, if rural: t'ix 11wo, _ * of .• - — IN S., E., or W.i l►ow or St,a• Dated Applicant's Signature To help the inspector, place a stake with a cloth attached in the center of the proposed antrame, hgher than any surrounding vegetation. APPLICANTS DIAGRAM tit plot or construction plan is not submitted) ?(' orrW*f* "m hwm and weed err capsm to Wwheprw:.aWKti tt phwav ch" awri Me""Vv row ON+w Jx so 01111 Avasw•'Scwrt r+uplum. sR �naawi $i3N enpsa 11��1 ARer •ylpr Ovi t:M EeaAtl r1NM ne .etwr+sed aO a�ptlEarnt. l h GENERAL REGILOWENIENTS Applications for commercial and industrial driveways or driveways servicing parking lots or garages with five or more vehicular parking spaces must be accompanied by two 121 separate layouts. Such layouts must meet the requirements of the Rulet and Regulations Establishing Decign Srmc;fications for Driveways along the Highway Systems of Hennepin County, Minnesota Copies available at the Hennepin County Highway Division 320 Washington Avenue South, Hopkins Minnesota 55343 2. Applications for entrances serving private residence, farm or parking lots of less than five vehicular parking spaces need not subin•t a sight plan, but shell make an appropriate sketch in the %pow praiided on the front of this sheet Such sketch shall generally locate the entrance, indicate rtti dimensions, and relate to property lines. 3. Nowork shalt be started until application is appruved and pa rrirt issued 4. If the installation of this driveway makes it necessary to work an the roadway Traffic mutt be protected; lites, signs and proper ba—i.ades must fir° in piac,•. 5. It is expressly understooxl and agweo that this hermit is c:oru:,t oned upon not placing ar-y matariah on traveled portion of the (Aunty roadw y and that restoration of all disturbed area becomes the responsibility of the applicant. Tho area disturbed must be restored to its Original or to a satisfactory Condit, n. 6. After driveway construction is completed. persons requesting installation must notify &Ile Maintenance Division that such work has been cornpletsd end ready for final :nspemon and acceptance by the Hennepin County Hioway Division 7 No changes or altatations in eMirencr may be made a! any lime without written uermi-1,un from the County Engineer. 8 Approval of this permit does not deny the County Engineer the future reght to revise, relocate us close any entrance to expedite the movements of vetaculat or pedestrian traffic The County •*Uin- the right to close said entrancelsl at its discretion, based upon the vwc.esarty for traffic equistiom and control 9. Existing dnv:y!w not automatically perpetuated in the event of a mange in kvi0 use u+ a rna}or change in the attern of the rxntrny tac,i,ty, new rir+v+Willy applications may be i,-gwfed t,s the County HC 5330 HENNEPIN COUNTY PUBLIC WORKS P. unit No V 1685 320 Washington Avenue South Location Code Hopkins, Minnesota 55343 DRIVEWAY OR STREET ENTRANCE PERMIT AND SPECIAL PROVISIONS SPECIAL PROVISIONS Date .. Field inspected by __-----;- _ Location -_ Speed zone __ A.D T Right ` Sight distance: P dual Left _ - 7 Minimum LeftRight Cut to be removed to. f' Construction Joint Sawed Joint Recommended drainage. ri Surface Culvert Cu iwngtl' �.�_.-_.. _ ..__ Culvert diameter Type of sidewelk: I , Concrete Il Bituminous Cutback requited 1. CONSTRUCTION SPECIFICATIONS iWithln Right of Wayl BASE SiURFACE CURS SLDIVI K StOyLUER Type—..i. .. Type _ Type Type --> -- Type Depth Depth _. _ _- Design __.�._...__ ...__ Depth _ . —__. Depth .—.,..______,_ BLVD DITCH T opsod Depth _ 2. TRAFFIC CONTROL REOUIREMENTS Barricades I100 Sef lest Advance Warning 1200 300 Set le., _. __-_ Sri-ady Burn 15001 Cones 128" Day Glo) SPECIAL PROVISIONS )ne street A' ,I,i, , wiX, ,j' radii a;)ot)m; nee ee at°4L ted sketc'l. Area from Way, of Co. "W. '•,..W-P!'o�rt�!. l ine_ mus, `,e _-i t..A 1 .rface,,' _ rwtify heflnevin coan ti- p� ii Ox IE1 et 1 T i i� n �Se L— t _ _. �3o�t .-s w -'Wave-4rt yccass 'c strea;.s. .,<� . •.. DO NOT PLACE CONCRETE ON COUNTY RIGHT OF WAY WITHOUT WRI T TEN PF IF YOU HAVE ANY OUEST IONS CALL 'DRIVEWAY PERMITS 93i) 3:0i ' f x T I Dugr.m A Oeyram B IMPORT ANT TYPE 'a" CONSTRUCT ROUNDED BERM TO NATANT. (;MTRUCT SWAT i 1 DIV1 RT WATER FROM AM PREVENT WATER FROMRUr% ING DOWN L 111"WLOFR DNIVE 4- BMT� k; wNr i E ■oba g R wdei, _ a. Shouldw Sh „ulAe. ..n% �� Placer. Yltleri U. NMIfitIM ditch IT EXPIRES � I PERM C9MPE�� , REVIEWED DATE B Cu l +� ---- - _ MAINT Dat d w F+nal inspection date ._..... Driveway was found ? be Satisfactory Unsatisfactory APPRUVED�UENiEU HENNEPIN COUNTY PUBLIC WORKS TRAFFIC SECI ION Inspected by -----. _ _ _. _. _._._ .._ By Data —Curb, Guttor x pension A -11 F ■xpans-orr, Joints at SO• iA3X)!E PWMO— W*SdA Joints max mom inteval 7. I -A Wdk 2 t 1/2"' l �.. ft Xperision it, G" Wa O Expernion Square PanMe 4" Walk Con"tictm" lts Private Walk PLAN 0 14111 R. Slope Ya" par lin. ft. towards edge of roadway le 4" of 6" - VarlaMeWidth --- 51 1 101A' MSIGN 0 SECTION Of WALK 3" M %" R. '00P r, A. I Uve 2-6ff for 4" curb! Slow 314,- pw ft- DESIGN 8 i 1 ..................m•......»• ..:....«......... ................:.. «........... ................... ...................«µwwwwew�o..�.s.a»...a.............. .. ................. ...... ........ ... __ r _ . ._.... ,. _ • ...........» ................}I :::..:.::::::::::::. :..............:::::. ..... .:.:.. ........ ........ ................. »...:_._: _. .. ... .................:.� :..... ...: .................. ... ........................ ...........»...... .................. ................. .K....:. .... :.. .ar. ::::. •:_ r ................. . ..... .. ... ........ ...... ....... ..::.:..::......... •__ ^ V. «...:-� ..... 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'�`�'• .....d...... ....«... ......... .................. f� ................. ................... .- . . • ..:.. ::::...:..:::::. ::::::::::...::::: :::::::::.:: :.: ::.:::::: ..........::::_......: � ::::::.:::::::.:::. ::::.:::::::. ::�::::::::::: � ::�.:.'........ .... .... ............ ..................A.._....................' ............_.... ........--...... .... �. ...:.:..: :...:.:.:.":::::::: :.....:.::.:.....: ::::::::........... ; _.......... , ........ i ..................... `= ........ .::.:.:.. .. _ .. _..._.. ...... ................... :.::::......::::...... .-.1.... ..... :::. :::::::::::::. ::::..� :: : :.:: :::: :::: ..: ................... .................. ...........:...... _ .................. .««.«..... «. ««.........,°%« ,............ ;:... ............. ;...... �.�,"�`...... ' .: ::::::::::::::::.:: ....::::.:::::::..::.. ::.:. .::: ::. : ::.:.:::::::.:::: :.:::..:...::::::.:::: ::: :.. :,iru "i ............ .. " :::::: ::::::. ........ ::::::.:.*........ .............. :................ ..::...L...M»...: .................. ..... ..... ............ ........:.:. , :::::...:::.. ...... »« _........... �., «...,�...�::......: : .. ; � i CLAIK ENG INIF ER ING CCMPANY 2815 WAYIAIA HOULE VARD MINN I.APO LIS, MINN 55405 n (6121 '474 1140 _2'TYo TCPSJlL '1 LEED I� SOD N` NtCUED TO.ON-TR'-L 2 ♦ • 3 j, } 1 � „•, .•_- _�4t'. S, A'. 3REsA"E 'YYFICAL (-I.AT CUT W}T►i '�RAIIJA5r SWA>,2--= E LSw_ ti A T j ',' c ;? T- 3 BOOK PAGE R.T. HOC. NO. 501)'HEQLY R G AM LINE OF MINTY �r 9S0� 7 ST:•TE AID HIG► -WAV NO 6 PLAT S 0 S�► S0 DFLINEATEC IN 800K 2, PAGE I 0 HIGHWAY PLATS. AS 4EC04VEO IN S �� / THE !IFFICE OF REGiSTRAN Oir TITLES 1-e = 1°28 22' 3 p = ,�°Ir 30 \ p : 16'O )9 R 980 40 '6* Cr G •f \N` t. 42 93 4, 93 C = 5 03 CIiS 8! ° 5"41 "E C8 = S 83.41"28-E R 1670 09 4 1575 09 L=202, L 44e As 304422"�� N G = 20 21 E C@ = 5 6� 2rJ"06'"E Qta11.22 G: \ Co = 5 83°02 4 i o C- 9r= C I 1\.\ �. c 't-,Cg C 51 t 20 t9 12" C8= 559°a.= 40""E ,�� 3s- P "' L : 67.6i' 3�OE sC� C' 67 62• \6 J ?S C@ = 5 82° 23 Or" F R : 1471.22 ��� C` N 99030,00•"E 266 69 L :60.t4 �'' �� 6c5 3 ; e► 9 1 =1, C= 60 24 _ G R Ow MONUMENTS ir ' f n; s Cat 7044 -ROW IIACNUMIE'tIT sG y o C@ = S 62°49 14"E % �~ S \:' P 00`` .`L 1 / 6 67 A = g•37"18" —R 0 W. MOMUWENT rye= l0°02,15" / / R = I471.22 R 14►1 22 L = 247.06 e = 28°3C 00" L = 25Z 13 C = 246 i7 POINT NOT (41' R16C: on 600 C = 7S7 40 / CS = S 7050'27 "E TA ,ENT �J ,0 L = 79 59 9.0)i C3 = 563• J'43"E ; - / CB S F✓ N 10 you A = ICO 00 ^„ , 4. 33 33 t4 6 86 / �d CS = N +5.02" ST'1N Telephone 473-7357 CITY of ORONO lost (Ohre l,*ux fk;ei'n%2al l;ny. Minnesota'r5:W*Munirip:i i r On thr !Furth Shure o/ Lake Minnetonka July 19, 1978 Mr. Tim Adams 820 North Brown Road Long Lake, Minnesota 55356 Re: Construction of North Farm Road Dear Mr. Adams: During the preconstruction meeting you and your contractor expressed a desire to revise some of the road grades and drainage locations. On July 18, 1978, Mr. James Olson and I walked the site for review. His own opinion was that the revisions are desireable. Please supply a revised design for the roadway grade and a location and design of the revised ditching. Note that the existing ponding area should be provided with a ditch to prevent further water buildup than which already exists. When the new ditch is located, a new drainage easement should be drafted and entered in the titles wit' copy to the City. Sincerely, :Alan P. Olson Village Planner APO: kh THE FARM AT LONG I.AKF: 820 ,Arawn Road Forth Lone* Lake, I414 55356 Al Olson City of Orono P. o. Box 66 Crystal Bay, W,1 55325 October 16, 1978 RE: The Farm at. Long Lake Dear Al: I'm enclosing copies of the following for your files: 1. Easement for Drainage of No. Farm Road as requested in your letter of 7/19/78. 2. Utility Agreements with N.S.Y. and Minnecaisco for instal- lation of Utilities. The Improvements covered under our subdivider's agreement. of 4/13/78 have been completed, and we would request from the City of Orono a "certificate of completion" and release of the letter of credits curing performance under this agreement. Please call if you have rsny questions. f?inrerel,Y, cc: John Hartwell Marvin F. :eiboll R 1 chard Swanson. TA:pt. ro R1.. 47.f.74C iiNDERGI%OUND DISTRIBUTION AGREEMENT / C > Eat.. FAF�. A'`.O AAC Ret. � AGRL:EMENT made this_2.1___-day (f neApArshar I') -7a- , hwt ., , n NORTHERN STATES POWER COMPANY, a Minnesota corporation, hereinafter cil!ed "NSP", and __.".a=tncrahlp_"nAiZVr12 atA 2�thr AAAallt _2rinsgia3 2-rLaeza d- John 21._.8at NtlI ----- ----. _.. ,hereinafter walled "DEVELOPER", WHEREAS, DEVELOPER has regiested NSP 'r) provide nn underground ,'. •uric distribution system to serve certain properties being developed and 6nown as ,,_ Li P.dLteLAt L=' $Dike- ----- located on the following describer, real estate situated in the _..._,—of _!]eam , County of 11433-ep w , State of bttdeaanle __, to wit: Ty". r,ri ,,r 7 Lots 1 - 10 Inr. Lots 12 - 22 1 iz. Total Lots - 21 NOW, THEREFORE, in consideration of the mutual covenants and agreement:, reinaifter contained to be kept and performed, the parties hereto agree as follows: it- Subject to all the terms and conditions hereinafter contarled. NSP she+',' install, nwn, and r::iintata all facilities necessary to provide an underground electric distribution system oppioximately as shown on the map or pin* attached hereto as "Eyhibit A" to serve the above -described real estate. NSP shall deteir:iae the exact location of its facilitrr!s. 2. If NSP is unable to secure upon reasonable terms and conditions from the alp,!ropriate frovemmental unit, the permits, licenses, or authority necessary for the installation and operation of said underground system. this Agreement shall be void and neither party hereto shall have rights, duties of privileges hereunder. 3. Prior to the installation of said sv�tc,n, DEVELOPER shall, at no cost or expense to NSP, grant such easement rights as NSN may require for the installation, operation, and maintenance of raid system, will prvt ide permanent access to said system and does herebv grant NSF the right to install, operate and maintain said system on the abc!ve.desctibed real estate. 3. NSP shall endeavor to coordinate the installation of tiaid undergrourti system with tl:e octivit,cs of the DEVELOPER in the area to be sewed, provided, however, NSP shrill not be required to instal: said underground svtstwm in segments smaller Of larger than considered economically fea-.6 by N )P. LISP , hall not be respanxtble for my damages resulting tr;ir delay in cor:plrting the installation of the inderground system rontemplatrd herein, whether such delay is due to c isuaity, labor dispute, weather or other similar fir distitm►lar causes be•,nd the reawmable control of NSP. S. Prior to the time the installation of any segment of said underground system ix cnMmenced by NSP, DEVELOPER shall establish gtwdes in the easement btrip and system route which shall not be above of note that. four (41 inches below the finisfed grade. In addition, (a) the route t f said underptc-and mstem 51,011 be dt•ressihle to NSP's equipirent, (b) all obstructions shall be removed from such route by DE:VELOPE:R at no cost or expenst- to ASP, and (c) marker stakes at lot corners siail be placed by DIATITOPER tit intervals designated by NSP. 6. In residential subdivisions, townhrn:se deielopment< and mobile titre parks where an underground distribution aystem a+id unelergnound service laterals hove been in,,talltd by NSP, t'ustomers %erred by out h aystem shall be billed under the RF sideniial Service -Underground rate i►sted in tt:e iipplicable ei("Ltnt rate !rfieclule. I i eommerctat, industrial and spartwcnt del elupri.•nts where• in underground distribution si i tem and undetpoand distribu- ,son laterals have been installed by NSP, charges sh.iil he ir..tde in iicc-ordance with NSP si excensum rules at7Qlicable at the time the laterals ate installed. �. DEVI:LAW ER agrees to pay all installation costs in — es% of notr,.it installation casts incurred ba• NSP because of (a) tfida" caused by Dr.VELOPFR, (b) soil mrlditions that + 1parr flit- installation of underground fociiitiev, such as a+ck ftrtoratioaa, eft.. it.) paving of sheets, allows. or other ateay. pn.,r tie insta!leti,)n of sold und"rgruund s' 'ern, or A apaclfie rrKttes Or pf@ierM l location' 4 utttl' rt!xiuiRd facilit!e4 r+a+le t(i .rllL rimCNe' !t! t!.e now % of the f)E.V!LIA' 1'ER. FOA +7•6740 &C' DEVELOPER agrees to p:�} the cost of relocating any portion of said underground facilities wh:ire the Woration was made to accommodate the needs of the DEVELOPER or required because of subsequent altering of the grade a!ong the underground system route. Said underground system in -,tailed by NSP shall be the property of NSP And any pa%ments made by the DEVELOPER customer shall not entitle either to any ownership interest or rights therein. i. DEVELOPER agrees to pa% winter construction charges of $2.00 per tr^nch toot if NSP is required to install the under- vind facilities between Nw• cnber 1st and April 15th. Ilowever, if the undersigned has executed this Agreement and has titled NSP in writing prior to No%ember lst that it is teadv to accept electrical service curd the requirements of this Agree - .it have been fulfilled, NSP will waive the winter construction charge. Underground distribution laterals and service 'erals arc subject to the same requitements and charges. DEVELOPER shall not assign this Agreement without written consent of NSP. i. This Agreement is automatically cancelled if building construction has not started within twc+ ears from the dote hereof: I tlkl'"NESS vwii RE0F, the p.::tios have r...:sc.i thin Avt--c, cnt to be executed the day and year Gist written abo;e. )RTNERN STATES POKER I-ONIPANY Cetaeral Manager, Minwtorka Div. Title DEVELOPER ri+f1lIAt3M PART>r.E>R , I3 r' Title MIN NESOTA GAS COMPANY AGREEMENT FOR NSTALLATION OF GAS NIAiN AND RECEIPT FOR ADVANCE FOR C'ONS7RUCTION r Agreement inade this ?-I" -da" c.f ,1...� l�„1 �_�_, ! 97 9between Minnesota Gas Company (Minnegasco), 733 Marquette Ave^ue, Minneapolis, Minnesota 55402, and Tim Adamsy -it.. Fr, A". «4 i.i. t. t" (Applicant), located at 820 Brown Road Borth. Long Lake 55356 In c-insiderar.ion t.,at Mirnegasco will install gas main (Project M 478-•78 ) as `ollows To aerve r The Farm - Phase Nl in Orono as shown on ene`nee r;nR drawing. 1. :Ipplicsnt agrees to pay $ 3, 375. 00 Ac an advance for construction cS s,3id gas main in excess of the allowance provided in Miruiegasco's Pules Regulations. 2. All gas mains installed by Minnegasco shall be and remain the property of Minnegasco, and Applicant shall acquirt: no right, title or interest in anv gas main installed under this Agreement. 3. A(!vances for gas main extension are refundable without interest for up to three years from the date of completion of the pas main exten�ion as additional customers, not included In the computation of this advance for construction. are connected by a new and-.eparate gas service pipe, directly to this gas ;:lain cr tension, (Project M 478.78 ). 'Pit, rrfunes shall he calculated aG follows: Minnegasco will maize an annual refund for addit,c+ra; residential custo-riers added m thcw gas ;vain tn!ztalia►�(,nthe rue,tomer footage aliowince and the ranr'.:ird excess. -e cost in effect in the year the gas main was instjlled. \i:::negaqro will. make ar, refun:i for araditsor.aI nor —residential firm gas customers a`led to the gns ni-in .:- t:!llation. Ri:nnegasco � u: ill participate in the ir,vestr.rE>nt rec;uired to rrovi,ie farm cis=en-ice r•r� ? t—iditional nr:;-residential fir.:: gas customers Aded to tl-=e extent of 2.`^ rn per Mcf of annual gas Gales. ram++�1.00 D 4, Minnegasco will snake: an annual refund for additional t•ma'l volume interruptible gas ctistomer•s added. Minnegasco «•ill par, i(ipate 1 r in the investment required to provide ga, service to additional small volume inr.rrruptible tom.,,- custr rnerF addt-d t- the event of 5.50 per `Acf of annual gas sales. Tl:e total ,-.n , unt rf_f:indr.Ad shall not exceed ti,e atrount c.f the 671ginal arlvart,_e, and and, reaiairaing urirefunded Kilance at the end of ti.ree vears shall lx:ume non-refur-dab'e and st.jil :c by h.it,neg:igro. 4. `,ir.negat-co acknnwlc::ges recei—I of 4 ` �, 3 y ; (!4;Js advance for construction from Applicent. i m Adarn s (Applicant) f� ,�ela•.-.•are , .. r�r�C)ratir-r, 1 • 4 . DI:C .,:'.P.ATION OF PiILT,IC DRAINAGE EASEMENT Lot 7, Block 1, The, Farm At Long LakA !,NOW ALI. MET BY THESE PRE: LN't- : That JOHN HARTt F.LL, individually, is the ice owner of Lot. ', Block 1., THI: "Ar-j-1 AT f iNG LAKE, according to the recorded plat tlliureof, I1�nnel>j �.i+: , P'' ►:tesota; that LUCY B. IIARTWELL i:; marrir to said John M. IA.1. Lwell; that the FIIC;T NATIJNA:, DANK OF MINNEAPOLIS, a national banking corroration, is the mortgagee of said lend under a Mortgage dated August 25, 1977 and filed August 31, 1977 as Document No. 123526 ;; that the p-r. tnership THE FARM AT LC' LAKE, a Minnesota general partnership in which John M. Ha well and Tir^othy Adams are t-he solo general partners, is the purchaser of said land under a Contract for Deed dated Aug.ist 25, 1977; ind That the loregoi.ng Grantoi:s do h; -reby dcnat': and dedi- catu for public use forever a drainaue eac,_mrnt o•.•er .and across the following described lanai in Hennrpin C r_nty, Minne rota: A 20 root wide strip of ?and over Int 7, Bloc': 1, THE F'ARIM AT LONG LAN", according to the recorded plat thoreof,lying 10 feet on each side of the following dcscribed center line: Becinning .it a point on the northwest line of said Lot 7, : ll° 35' 58" W, 110.01 foot from thc• most r -therll cor- ner thereof,: th^nce S 7't' 15' 07' F, 137.74 feet along a line pvralle1 to and 10 feet -�outhe.rly of th� north line of said lot: thence S 1* 41' 5R" F, 69.73 feat to a pnint hors-inaf!.er ro- ferred to as mint A; Vence 30 58" F, 201.27 feet; thttt e S 1(1* 00' 47" W, 169.97 foot; thence S 55° 39' 41" W, 104.75 feet to the snuthwcost 1.in.r. of said lot- .tlso, beainnino at .'. Point A, then,—,. Sao :I n�" t�, "'.(3 foe t to tho� "'Is;t, l : r.c0' c: ► .' )t . I'rov_Jed, howovei: , th.lt t:i l;ril7;t t' 2'::, t;i': hQ l l s, BUCCrt::.j .i'll ass.qn.:.i sh.tl 1. iiive n, too ma►nte- nand c+t ariy draat;a�re the e;a,,. ;1t' nt a , .i. IN WITNESS WHEREOF, said Grantors have set their hands this day of October, 1978 I I k/;�Wl HN 1I. IIARTWrLL, Individ au 11; _�_ _'_ E CYH. llARTi,L:LL , Individually FIRST NATIONAL BANK tNNF.APOLIS gy1L-Qek4— Its Assistant Vice President an11 By Its a Tim FARM A- LONG LAKE' By4in M Iartwell, General Partner and 2imotrAdara, Partner STATE OF NINVESOTA, ) SS. COUNTY OF HENNEPIN) The foreqoinq instrument T.*as acknowler',,ed before me this _L.— day of October, 1978, b,. Jahn "e. ll,irtwoll anti Lucy B. Hartwell, husband and wife. h�.� .,... i,�,: A STATE OF MINNESOTA) ) S s . COUNTY OF HENNEPIN) The foregoing instrument was acknow'(-dged before me this lel'F—' day of October, 1978, by _ ?xAA ,-, t_._/;c and of the First National Bank of Minneapolis, a national ban,:ing corporation, on behalf of the corporation. •'-w�..wvw�•�nnnnM,w�n'.tMnnnN�nnn• -'- r; 5 MAr_K�t l N.TA/ Y r. P_ -,� NoLary Public STATE OF MINNESOTA) SS. COUNTY OF HENNEPI,4) The foregoing instrument war. acknowled,;ed hefore me this day of Octob.'r, 1978, by John M. Fartwell and Timothy Adams, sole partners of The Farr. at Long Lake, a Minnesota general partnership, on behalf of the partnership. X AAAAAAAAAA l.9 9-- ,� ►wlAA ? 4,0 d1 _ (j Notar ubliC �rrvr m ... ............... y Phis Instrument was Drafted by: LEONARD, STWIXT r1ND DE1NAIZD - HM:1 1200 National City rank BuilJin<; Minneapolis, Minnesota 55402 - 3- CCARK F %(IINt ;,tt) a DESCRIPTION FOR DRAINAGE LASEMLNC A 20 foot vide strip of land over Lot 7, Block 1, '1HL FARM AT LONG LAKE, tying 10 feet on eat -it side of the following described center line. Beginning at a point on the northWryt line of said lot 7, S 11" 35' 58" W, 10.01 feet from the most northerly Corner thereof; thence S 79" 15' U7" E, 137.74 feet along a line parallel to and 10 feet southeriv of the north line of said lot; thence S 3° 41' -)8" L, 69.13 feet to a point hereinafter tef- ed to as Point A; t1tence 5 3° 41' 58" E, _''U1.27 feet; thenta S 16° 00' 47" W, I08.9i feet; thencr .; 55' 39' 43" W, 1G4.75 feet to the southWuSt line of said lot. Also, begin- ning at s. .d Point A; thvii%-v N 55° 31' 03" E, 77.63 feet to the east line of said lot. Prc erred by: Bruce R. Kelley, Land Sot-vvvo>r, ��ff i Dated: 14._ _ T_ _ `C;�. RGA&V* 44d*4" 4A.eoia't'", Yom a Ic",000" .2JJ,S 'am^; J6 mto G Eanerlron P.L l.arrenrr f leldrlen, ►E. Rnberl W. Ralene, R£ Glenn R Cook. ►.E u�u' I0M " 3=j16 lmeph r Andertth. PE Kruh A Gordon. ►E. PAWSI "6-e1W Rrodlard A Lemberg. P.I rRnmw jr No?er ► [ Rnbrrr V Impel. ►.E_ Rruhord W /a)ar. ►E Rerhard E Tamer. ►.E Robes G .Srhanerkr ►£ lanry r. Oir,a ►.E- Nar,en 1, .Sarrolo PP. nnn.ld f sagvdt ►►. A eneerk R Meurer. ►E rharler A Fnelci„n ier .N Ia+Nek. November 29, 1978 !!aria. f ONon City of Orono P.O. Box 66 Crystal Bay, Minnesota 55321 Attn: Alan Olson Re: The Farm at Long Lake Roar? Plat 358 File No. 139 Gentlemen: A-Ci I9T8 LD We have reviewed the street construe' ion on the farm at Long '.ake Road Plat and find the following items remaining to be completed andlc!r corrected. 1. The culverts should be extended about feet on each end. The length of the culvert should be W+6d W - Width of roadbed Y.I. to Y.I. d - Depth from Y.I. to the top of the culvert 2. The vegetation in the excavation areas should he restored If you have any questions please contact. this e,ffice. Yours very truly, BONESTROO, OSENF , ANI)EKLIK t. ASSOC IATL;S , INC. -7e� /e Glenn R. Cook Tele phone 471 7359 ' S C11"Yof ORt)NO Poot Office Bcx 66orry.tal Hay, Mmno -,ta `,.-023•Muniripal Offian r On the ,Vo►th Shore of Lake .:finny>tonka I November 29, 1978 Mr. Tim Adams 1801 West Farm Road Long Lake, Minnesota 55356 Re: #317 Subdivision - Farm at Long hake Stindard Traffic Signs Dcar Mr. Adams: This letter is notice that the City of nrono will be installing mandatory traffic signs at the intersection of your private roads and the public streets. As developer of the subdivision, you will be charged the actual costs of Lhese installations. Signs to be installed are as follows: One street name sign - North Farm Road: S 75.00 One street name sign - West Farm Road: 75.00 Two standard STOP signs: 150.00 Total Cost $300.00 I am also enclosing a copy of an unpaid hill resulting from the subdivision review. It was apparently never p-iid because of being sent to Mr. Nartweli rather than to you. The City Engineer's field inspection of both roads has been completed. I will forward a copy of his inspection report as soon as it is received. Upon completion of any work required on the roads, and payment of the above amounts, the City will he in a position to release your letter of credit. If you have any questions, please call myself or John Gerhrirdson. Sincerely, Afan P. Olson Village Planner l: kh cc: Mr. John Cerhardson/Mr. Thomas Kuehn .;.30municipai Officer On the North Shure of Lake Minn--torika Dec(mb- ,r 15, 1978 Mr. Tim Ad-ims 1801 West Farm Rc .3d Long Lake, Minnf�sota 55356 Re: The Firm at Long 1.-3ke 0317) Doa r Mr. Adams: Enclosed is the Engineer's r,-.I)(rt reviewing the street construction for the above subdivision. The road has been completed enough to allow issuance of building permits. However, all items listed in the Engineer's report must be satisfactorily completed before issuance of any Certificate of Occupancy and before release of any security. Please contact the City offices if you have any questi.ons. _-ncerely, Alan P. Olson Village Planner APO: kh Enc. 197b Mr. Tin jLd-wns Vol Vp9t Nr-,.toad Lang Lak,�p -i-;-., 5556 lie : r%e Firm Dear 7.m i Telephone 545-1496 3E3!U]E:tY & CA3R3LBOW, x2,7c. ASPHALT PAVEMENT CONTRACTORS 4000 WAYZATA DOULEVAR0 MINNEAPOLIS, MINNESOTA 55414 An dismosed with -,ju -.m have culv„,-t jeIgt4.S we inctVilled f)r %Xat Via FIrr. The ir r ^ );.4 t!'p -' -114 :%I� . -I 1. .-:;,.,et of of 12 t1inh rt. "he le are iod em t!�- it nAne cbti.! ',a mh 3.n,! ruvi ou tV.- -d - _*,r if ----n 7th of 1--me t .1�mdrrl4k A 111 j:- "u'd tile cre0k elf-vatiin .ot) tie n7o.o o.- a re Ice of 11.6 t),#b pine 4a 9.6. 'altiply by 6 tim r () f t. V if, net dtfferen.c. -.i#h touals ;'Pet of 57.(" 211 feet of rmil ir i);4 ;iizh reap -4-ruc. W! '1i;t-01--f6 ol; fc -,Is c ) n it li et, jur rerot ow t1w %-!(vat'.jn )f Cap 12 hich ctivortq ' u t usinz the s me '!.)I Imoil -til of 30 feet aIli-.1 -I -th if 2 r unc*-rvt,+;-Ki!:i.-: the -.-,;lvert�r not f.—ouct thR two f"),:)t fi., ik* -r, c--,]Lvert.; 1;iWll#-d "worr-.-^tly or of 4.1, r.- :r -th d�"i to x.r el,:)-Itract vm- Ir".11 mili'f- thn n-,!-i,., aie itq. 'hw* :")u -w-! Ln 'or alby-,4-1 its 41 1 nomt. : U-: 0 Yours ven. --v jbjr;11 IN I -RN A, -V,'KING OLPAH ".7c N r First First Natior,.ii Minneapolis Fc) 9,,,, A 1,1.,67" tyt!)hs, %1N :..a; rt ,.114qqjAO�Jps DA I F AF?1L 20, 1978 CITY CF OPD1!4O P.O. A-OX 66 CRY574L 9AY MINN ESSOTA fjr l..1 S S Re: Letter of Cif-d,t Nln, 57M for Be iwf icidry. YOUR SELVES We enclose original dnd copy of the captioned 11ti-VOCcOble letter of Kindly deliver the origirial to the beneflcia,y. retaining copv for your files. Very truly yours, 11A �� % ..: Authori/ed Signature INTERNATIONAL BANKING DEPARTMENT #j*67 6 is 0 z z O 1---irst Minneapolis FIRST NATIONAL BANK OF h11NNEAPOLIS, P.O. BOX A1567, MINNEAPOLIS, MINNESOTA 55480 IN'LR%A,!'-N'Al. BA%'•ING l 4;- :.*! %f.:.. ''0 ;'j S;l !+. _ f! f_ J., ..''�! AFRL 20, 15t78 CITY OF 0R0,40 P.Q. RE OX 66 CRYSTAL RAY I !,',:SOTA CENTIDI Ns RE: CkR 1RR� VQW.LE COWZYCIAL tc.;"i"wt? OF CR IT ?'0. 9j A'.;aTNT: $24,010o.0c04M, FLTV h'E HrltF;-Y AGINORI I YOU TO VI,Ii_;E ON OUF'SELV $ AT 51'.,HT la A14 ;,-1.1 C•P ".:X5 NOT EX"i-lim. TRIG A TO' AL OF s 1 jVx n-�2Lf 0Q0isU FOR ACM.)UNT OF: '''*? FAi4"', AT L011 LAKE 820 BRO,+IIY ROAD NORTH LGNG LAKES KlNw4ESOTA 55356 FOR 100% VALUE OF YOUR DF.AFT ACCOKYAN IED BY U_"R w ki r ai CF.RT LFICAT ION S r NFZ BY T qE CITY FJIiGL1'r: OF OP.0110 STATING THAT 7HE FUNDS ::Rn N APE DUE AND PAYA9LE TO THE CLTY OF ORONO AND DO NOT cJIC F.D Ati P&OUNT N r`C!-":SA.RY TO CO,47L--'E THE S:k::l•.i SITE GRADING I1l?ROYEy 'M, SIRZn'T IYr-RO`V •''-N!. TS. Li.t� 15;rAF'INi,� CUI;J=RTS� TRAFFIC SIGN1140 TFZVE_ T�iTS AND UTILITY DM?ROVKli--N'TS ON THE FARM AT LONG LAKE BEWISE OF FAILORE OF T. E FARM AT IDNG LAKE TO COhTLETE THE REQUIRED I1lfr"R0Vr` z-NTS IN ACOGRDWE WITH PLANS AND SPECIFICATIONS OF THE CITY EN-SrNSER OF VE CITY OF ORCW ON OR 5EF'OA.E, DEGJ- IBat 31. 1978. ')?,7.FTS DRAWN LT%D:M THIS CREDIT ARE TO BE E4DOPSFD Hc:RtiXIN AND MUST FEkR rfzE CLAUSE •:)R11O UNDER 4--i MST NATIONAL R"K CF MINK: APOLIS CREDIT 40. 57893 DA IM APRIL 209 IR78. WE HFJEM A IREZ WITH DRAa'L:PS, ENDORSERS, AND 9A)RJ FIDE hOLiiFRS OF DFAFiS DRAWN tTM7)E- R AND IN COM TANCE WITH INE T?FMIS OF T1H15 CfL-LIT MT 11E A%iE D:;ALL BE XLT 140NORED UPON AT 7iE FIRST NATI.CNAL BANK OF MINI:FAPOI ISO m-IA'J=APOT IS, K116 SOT.A ON OR UANVARY FIFT-6:CiIN, 1979 v F LRST AlJ+I0KA.L BANK OF NL`!i*IrAPOiIS 1/14 ORIGINAL !,1,1:1,: r. a .l7i5l t , I T Y of OIiONO j',�_t 1��!is, it„t r.r:�('r. Rd� !�i�nn,._:,l,, '.. ,,.�1!s��:e,,yHl r►ff�rPw On the !„rf Si ur > rr r • 1 r, r ,• r, � h 1 r j 1, r�r . t1 i t r,krt May 8, 1979 Mr. Tim Adams 1801 West Farm Road Tong T --►k e, Minnesota 55356 i 1 Re: # 317 Subdivision - 'l'h e Farm Dear Mr. Adams: 'Phis letter is to confirm your cony( r.sations with .lohn Gerh-ardson regarding street and road name si g. Mr. Cerhardson has approved your proposed private road name signs to be installed in lieu of standard street signs. At each entry, you are also to install "STOP" signs as part of your sign installation which signs can he purchased directly from John. I1 the private signs are not installed before July, the City will have to proceed to install standard signs to assure adequate s.►fety. In this case you would be charged the City's standard costs to acquire and install the sign, currently $75.00 per sign, or $300.00 for two (2) street signs and two (2) 3top signs. Sincerely, "An f. Olson Village Planner APO-hh "C: Mr. John Cerh:ardson P.S. Enclosed is tho expired letter of ci cdit for this suhdivi4ion. Turnpike Properties Midwest, Inc. 1219 MARGUETTE AVENUE SO MINNEAPOLIS MINNESOTA 55403 Ei 12 332 2290 OWAL WTAT! PtANNIND b OEvl. wNEN `arcl'i 1, 1983 Ms. Jeanne KdbuSt!1 Zoning Administrator CITY of oROW, Box 66 Crystal aa-; , SSA 55323 Dear : tnnc : I WITH, •LIANAS ►weStoffyT r-- i MM-4 r I'm Sending along for vour t iles, copies ol t.hc swi l testy done last fall on Lots 02, 12113, 17, 18. 23 and 2. at The Farm. Although other lots are listed (including ..)t 4). interested parties are `►eing made aware that on Kite septic testfn&. and v gjitteering, ref appropriaty systems are best doneafter preliminary tiounvSite plan - are c(mpletvj. Let my know if I can provide anv assiitar to intcrestt,J parties. Sincerriv, t C 1 T iot,t by Adam TA cc: Nr. lies uavton, MerrL' LyruJl Rralt� B� -net, 1r. Developer of C/.. '..f r -in Economy Motels I -j D '111 `,V !iLL .IT 'ft F,' C jj " A A L U.',11) L K 1: ri C c t oi,e r r, cl !4 ov c P.6 r- r I S I A 1 (: t wire "osted to dptorr-Ane wt. t I.Yirs, i' r :. in, f' 1 1 w o A I d t c ie or, or ttir ictr . V:-f !1t roi. I , t! on nr: -is were ted on each lot n,i on, q(,U tnu tim-P ... r.ouss- t- cunstr ict, ,ir somr A,!jtjon j will be nee 1liL tLe testiniz t-onA new .-!v-f, v!-,r 1,,1!iC;!t1,Cjr1 whso.- 17'v e C"r Z'Yqt-41t, ct.rl F 1;iu-4 t�j% . . r, I - r.y ir�.Aln:.'Iel I Site. 'Mi- -em-oj- tion !,kylff.- 1st --c 1.,A 0. , ---i I;i . A-ieter* Lt, 14, iVCh -A'Opth W!IiIC' L.'O.- 3�.Il L(-V*.'iws wvrvt dup, C Incites lit di. -Meter to r.1to 4 foot oe; *;!, -xir-i .� lnch6s It, djAMet.Cr tO the rein.-Aning depth. ,in in 4AVOrAe rjereol'AlLn r Le of i.7-4 mintil"is per Inch un lot 2 with no high water bible would ullcw a standurd system. IxAs It, and 13 ure %O tee comt-Ined and had lin tiverige r;.tc c!' ei',-7 minuten Per inch but bochuse of a nossitle higi, W--;et* t,:- le, st sh;tllcw trench system should be used. Lots 16 urid I wf,rc ,else combined and had %n avaraWe rate of 25.01 minutes Per Inch with no high water table which would allow as stE-zt--- arli Zy3tem. Lot 1"' had a lot ^f black loam w1th some htthvy, wet clay soils underneath and had art mverage t..ercolation rhte or 40.7 minutes Per Inch. h shallow trench system will be needed with black loftm brouvlt over Vie trpnches for cover. "'130, it would tie heInfull tf 3onO irradirw wha done or a pond Trotdo to keep the runoff waster tv tiie nortr. sfdo of 1—,.* lower C1 ! lat arrii and mw%y frcur. the kir;tinfleld irem. Mr.= Lot ?3 had an average percolation rate~ of minutes per inch. „lthough a standard system ear, be used, the trenct.- en should be no deerer than { feet deer) ir, the nattural soil. Lot P4 had an aver -Ave rate of 50.0 minutes r)er inch which is close to the limit of 60 for h stand,,rd system. Thus, a star,- darl system is likely althoiAgk, a fourtf, hol#, for the prin..lr,y site will need to be tested l-,ter -,nci dep• nding,, on it's rr;te t mound system could be required. Also, if' the t:ouse is r�os- iftioned such thht :.nether 4rea hHs to t:,e tested, the rhtes could vary. tldditional inrorr—,tion follows. If any other information Is needed, please, cont:,ct me. .Ancerel,y, i.RCCAI 'P.C. t'rtric :�, ;ror.GA�rc, F.E. ' 1 O -- �: j As s1 4 1} _ F e emv 22 AN lic 1 � 1 It 440 �•'1 ' \ CCC 14'0f�t +fo,� 21 r f y 1 � A lip �n'��r �/ 4 ♦ ` 1 f 1 46pi t - � ` / `� •�f�..t i F. t ! ° 1 �,(' Via..\ b, � ' • v - � , ', � - � ! 1 w `}b!F-+s �'It -213 '� LOT 2 THE FARM AT LONE LAKE Percolation Results Role No. Material Percolation Rate F-1 Yellow Brn. Clay Loam 34- 3 Min./Inch. P-? Yellow Brn. Loam 214.0 of P-3 Brown Loam 24 . (` It The average percolation rate is 27.4 min,atFs per inch. ;:oil ".orin�r Depth(ft.) Mbterit,l 0.0-0.4 Pl:ick Lo-an _ 0.4-1.5 Dk. Brn. C1.,,y id-2 . Ei Hrn . Sijn,iy Lo..m 2."4.0 Brown Loam 4.n-1,1.n Yellow Brn. Clay Lo.um No mottled soil or w„ter t•.ble sifter 21; hrs. Hole No. f' -1 LCTSIrA,13 - r•,,xl-I ;,T I CNG L,0<r: U rcol•.tion Rusu'_ts M,,:,tc-rial Brown Loam black Loam Brown Loam F Nrco1 ation rtatc. zl�.O rain./inch. 11 .l4 it 26.7 it ,r},e averave percolation rate is 20.7 minutes ner inch. Soil Boring S.B. # 1 DenthIft.1 M;,teri,�l n.o-�.5 Bltick Loum 2.5-4.5 Uk . Brn. Clay Lo•sm 4•5-5.5 Gr..y �irn. Cl,ry Loam 5.5-7.0 Gi•z.v }+rn. IAI ty Clay Lc:,,;►; 7.0-7.5 Gray firn. `Tandy Clay Loam 7.5-b.o Gray Brn. Silty Clay Loum Mottled soil at 5.5 ft. and no water t►,ble after 414 hrs. LCT3 16 & ] 7 THE FARM AT LONG I ;:K . i ercolation Result:► Hole No. Nluteri.d Percolation Rate P-1 Brn. ::;undy Lowr, 15.0 Hin. /Inch. P-,- Brown Loam 30.0 " P- _I Brown Loam 3(�. (D " Ike fiver7+ge r)ercol ition rate is 25.0 minutes ner incti. :;oil Horli-i r• i. K 1 J Ut'I'th(Ct.1 Material 0.0-I X -. 13ick Loam 1.0-2.0 Firown Loam 2.0-6.0 Yellow Hrn. Clay Loam 6.0-6.0 Brown Clay No mottled soil or water t., fter hrs. c;1 "JC c _1 r i - .s ' nrcol;,.Lion t esult:s ,mi,tr;rial grown Clay Black Loam prn. CILty Loa+rr, i" orcolat ion Bate 96.^ Xin. %Iricri. i P' . 0 �t xver,%ge percolation rate Is 46-7 ,inutem per inch. Coil Borle ')tapth(t't. +tc ri;l "'.0-2.0 black Loam .0-3.5 Gray Black Cla., Loam 3.5-4.0 Ok. Gray Clay 4.0-6.0 White Gray Clay Mottled soil at 3.fi ft. and water table at l4.2 ft. after 24 hra. LC r c i P!'F FA4M ,, r LON Z LhKE Percolat -on Results Pole No. Material Percolation Rate. t -1 Red f;rn. Clay Lo.+r„ ij ' . r, Min./Inch. -._ Y.,11ow Rrn. Lo,wr b." Yellow tern. r;l .y L.oim 140.(• t� Phe .sver q-e pc-rcolut-lorl r.Le 1-4 3 .i. ;uinAt't=s i-r Inch. �1,.c Lt1(1�L :.uil ,s% rl:,t I-AerS:,l 41 ,ck I o tin, Yellr,u; ".:1. Cl.iy L„•,: Ye 1 I ow 4rn . Lu ail; fire. 3undy C l -, y Rrn. Crae. "nruiy Lo,101 Yeliow Krn. Cl!sy Lo►ut; Fine :;aridy I oam Brn. Save dy Clay w. ;:r,y Clay Ioaru Krn. C1,*y Lour, �Iott.le•d soil i,t rt. :Ijid w ,ter t,,, lc :,t 7.(` ft. irter ; Firs. ljc,r, L-1.1 T H R P: It . 1, LCINt; T '�rcollitl( .. 'iclulLs Hole No_ f, rc Rrowll Ok. Frn. Cl-iy 1, ii,, Y's. I" Dk . Svn. Cl%y T-o Vie tverlagft rate Is r. n ,,,In ite.,i r,c v 'rich. T4 r IAI ok to tia RI �ck Cl .v I f,;.tri Die. ""own Cl,,Y Loam iirn. Cl...j J,C) ai. T, hottled ,.oll -it 'trIA witf'r t'llilf *,t "f:.i, �,ftfr 4 figs.