HomeMy WebLinkAboutResolution 3885 - Not recorded HINSHAW & CULBERTSON
PIPER JAFFRAY TOWER
SUI'ni 3200 FT.LAUDERDALE,FLORIDA
BELLEVILLE,ILLINOIS
BLOOMINGTON,ILLINOIS 222 SOUI'H NINTH STREET JACKSONVILLE,FLORIDA
CHAMPAIGN,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 MIAMI,FLORIDA
CHICAGO,ILLINOIS TAMPA,FLORIDA
JOUST,ILLINOIS 612.333,3434 MUNSTER,INDIANA
ST.LOUIS,MISSOURI
LISLE,ILLINOIS
APPLETON,WISCONSIN
PEORIA,1LLIN�IIS �-- -"`-
I3ROOKFIELD,WISCONSIN
ROCKFORD,ILLINOIS
SPRINGFIELD,ILLINOIS TELEFAX:612.334.88811 LAKE GENEVA,WISCONSIN
MILWAUKEE,WISCONSIN
WAUKEGAN,ILLINOIS
September 17, 1997
RECEIVED
WRITER'S DIRECT DIAL NO Jt+C[� 1 V \9+1 FILE No.
(612)295-0660 1 752031
G1t.,i oi`= 0;:10NO
Elizabeth Van Zomeren
City of Orono
2750 Kelley Parkway
Crystal Bay, MN 55323
Re: Recorded Resolutions
Dear Liz:
Enclosed, for the City's records, please find an attested copy of Resolution No. 3913
which was recorded July 22, 1997, as Document No. 2828610 in the office of the Hennepin
County Registrar of Titles. I have also enclosed the following resolutions which were recorded
on August 22, 1997, in the office of the Hennepin County Recorder:
1. Resolution No. 3926 (File No. 2248) recorded as Document No. 6775013; and
2. Resolution No. 3909 (File No. 2236) recorded as Document No. 6775012,
I am also returning the certified copy of Resolution No. 3885 (City File No. 2201). This
resolution will not be accepted for recording because it does not contain the legal descriptions of
the properties it affects. Also, there are numerous owners who have signed the resolution and
0 hold harmless agreements who are not identified as applicants in the second paragraph. All of the
owners must be identified in the resolution and consent to the terms of the resolution. This
resolution will be recordable if you identify all of the owners in paragraph 2 and identify which
parcel they own by street address and legal description. Please revise this resolution accordingly
and return a certified copy of it to me for recording. We do not believe Council action is required
to make this correction because it seems to be of a technical rather than substantive nature.
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
Elizabeth Van Zomeren
September 17, 1997
Page 2
Upon your receipt and review of the enclosed documents, please do not hesitate to
contact me if you have any questions.
Very truly yours,
Nancy L. Chadwick
Legal Assistant
Enclosure
cc: Thomas A. Barrett, Esq.
__ -
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_^ ���- CITY of ORONO
��< t,,,
0 I i)0 RESOLUTION OF THE CITY COUNCIL
-kESH.Og NO. 6 8 8 !><
A RESOLUTION GRANTING
A PERMIT FOR PLACEMENT OF PRIVATE
IMPROVEMENTS IN THE DEDICATED RIGHT-OF-WAY
WITHIN THE PLAT OF PLEASANT VIEW LAKE MINNETONKA,
FILE #2201
WHEREAS, Orono Municipal Zoning Code Section 10.31, Subd. 5 requires that
any person altering, improving or using for private purposes any platted public right-of-way,
any platted public park, or any other property by the City on Big Island, shall first obtain a
permit from the City Council; and
WHEREAS, S. T. Robb, Jr., owner of 570 Big Island (PINS # 22-117-23 31
0029); James Feiger, owner of 580 and 590 Big Island (PINS #s 22-117-23 31 0020 and 0031),
and George Adams, owner of 600 Big Island (PINS # 22-117-23 31 0034), have jointly applied
for a permit to place private septic system connection lines and a section of fence in the right-
of-way dedicated within the plat of Pleasant View Lake Minnetonka, Big Island; and
WHEREAS, the Orono Planning Commission on April 21, 1997 reviewed the
permit request and recommended conditional approval.
. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby grants a permit to S. T. Robb, Jr., owner of 570 Big Island; James Feiger,
owner of 580 and 590 Big Island; and George Adams, owner of 600 Big Island, for placement
of private septic system connection lines and a section of fence in the right-of-way dedicated
within the plat of Pleasant View Lake Minnetonka, subject to the following conditions and
limitations:
1. Applicants shall locate the proposed septic tanks totally within the Robb
property.
2. City staff shall approve the location and construction of the fence to be placed
in the right-of-way.
Page 1 of)47
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CITY of ORONO
i
v- RESOLUTION I�i�IMS �G~ RESOLUTION OF THE CITY COUNCIL
9kESH04 NO. 3 R a
3. Applicants shall, prior to placement of improvements within the right-of-way,
execute a hold harmless agreement which releases, indemnifies and holds
harmless the City and the public from any and all claims or causes of action
arising out of the use or alteration of the platted right-of-\vay by applicants or
their invitees.
4. Approval of the shared septic system will be subject to the necessary
easements/maintenance covenants for use of the shared septic system, subject to
approval of City staff.
5. Applicants shall work with City staff to establish a piping design and layout that
minimizes the risk of damage to the piping to be located in the right-of-way.
6. The applicants acknowledge that placement of septic system connection pipes
within the dedicated right-of-way is at their own risk.
i. This permit does not grant or vest any property rights to use of the public right-
of-way or other public property or in any improvements made thereto. This
permit shall be valid for one year, shall be subject to change, alteration or
revocation for cause by the Council at any time, and shall be automatically
renewable on the anniversary of the date of issuance except upon written notice
from the City to the permittees at least thirty days prior to the anniversary date
(the permittees need take no action for the automatic renewal to occur).
8. Authority granted by this resolution runs with the property not with the
individual owners, but is permissive only and must be exercised by application
for a septic system construction permit within one year of the date of Council
approval, or the special conditions of this resolution will expire on that date
(April 28, 1998).
9. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
Page 2 of 4 7
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41/41o4,.
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O- _ CITY of ORONO
1$. �;��M c~ RESOLUTION OF THE CITY COUNCIL
LlkESH04ii NO. 2 8 R 5
10. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of
the respective properties.
Adopted by the Orono City Council on this 28th day of April, 1997.
ATST:
i(5 Ai 1---271 •/(‘-gee..;."_, -‘ .-- ,
Dorothy tallin, City Clerk Gabri Jabbour, Ma r
Prop- y Owner(s) Cr
1 //�/jf r
i 1% :7;•A .fr-r ---
F-- . r) .,_.
‘,,u_ ,* ---- ------__I ci6V__ R, (N-(
,i2Ai . \)1)2
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of April,
1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
,.../..,. . UNDAsEPIS.VEE �
:; ;. tic y N 4Notary Public
. '�' My Commission Expires Jan.3l.2000
w..... J!!llJl !!/!.l/JAY
1
Page 3 of 4 7
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O O :ve,
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CITY of ORONO
�� i����� �C')' RESOLUTION OF THE CITY COUNCIL
9kESH0g NO. 3 8 8 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 5 -Ph day of �L�-!-� , 199 7 before me a Notary Public within
and for said county,personally app) eafa-nte,a - .4. . 7,
a . .4;eP
known to me to be the person(s) describ&l in and w�h6' exdcuted the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
E—t .' '; JAMIE L.BOSMA
•. NOTARY PUBLIC MINNESOTA ' ,� yrx-oL-"
IN y,. HENNEPIN COUNTY ) ���
4, ,, • My Commission Expires Jan.31,2000 ti N rI RY PUBLIC
r..il7. .rrrl✓l�rlillrlr-on!' ..S
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this -` day of 410 y , 1991 before me a Notary Public within
and for said county,personally appeared be I;no, 4,-1,-„�s , /7t o<' %<, .
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
ti • .:. LINDA S.VEE 1 1 .7
NOTARY PUBLIC-MINNESOTA / /
', HENNEPIN COUNTY ?2i ,J G 'eL.L.-
, 4,"‘• My Commission Expires Jan.31,2000
0--,---7,i�✓!r.�lfi!!i✓.r�seilil�ivi NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /(,,-f-i" day of A 1 a. , 1991 before me a Notary Public within
and for said county,personally appeared S/ cn r. Ale, 6) ..r,e. ' , 7;,u%ii r,7
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
LINDA S.VEE s
? NOTARY PUBLIC-MINNESOTA ti NOTARY PUBLIC
.. d.: HENNEPIN COUNTY
` My Commission Expires Jan.31,2000 4`
Page 4 of 4 7
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==4. t0. CITY of ORONO
11�"
,�sl� .
'4L 3i4,lir �O~ RESOLUTION OF THE CITY COUNCIL
9kESHo4 NO. 8 8 c
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this :)./.)1.1' day of iT/OL , 1991 before me a Notary Public within
and for said county, personally appear i`",'-; Q -ArL j24p �i _.et,,,y,.,,L .
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
r --- ill/I/.illlt///
JAMIE L.BOSMA
NOTARY PUBLIC-MINNESOTA
(4.
: HENNEPIN COUNTY /�/y --j /\.�//)—E �
My Commission Expires Jan.31,2000 �� NOT PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ��1-" day of /14 6y 1992 before me a Notary Public within
and for said county, personally appear6d ..5 u n e, ill , F ;el Q, i r)) ,-,< c(
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
�
:,..0.44A7.° 4���•� NOTARY PUBLICLINDAS.MINNESOTAVEE ,f
y ;• HENNEPIN COUNTY ' xl: /_IL._ ..
'..•.•` My Commission Expires Jan.31,2000 S
�ff�. JJl,/1llIII.IJ.%.11l./�.1,/fc.i' NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this IC 1-day of lli d i , 199? before me a Notary Public within
and for said county, personally appeared lie leii A. ,c h A, /nal i';r ci'
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
,-..-_-_, ...- ..........---------- ...-_----_-_--.ki
• LINDA S.VEE fi
NOTARY
PUBLIC-MINNESOTA
iY ,�
.j,, My Commission Expires Jan.31,2000 ti NOTARY PUBLIC
Page 5 of 7
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- CITY of ORONO
*44
lip ( RESOLUTION OF THE CITY COUNCIL
9ZSH0g NO. 3885
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 6-th day of \-1-0 n , 199 before me a Notary Public within
and for said county, personally appeared je h,,,/ f� �, r mai7/(7e1
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
!/ll��ilil//ltllJi/illlllI!�(
• . LINDA S.VEE \1
NOTARY PUBLIC-MINNESOTA
'nay HENNEPIN COUNTY '" • /f
,�'� '� My Commission Expires Jan.31,2000 _
�✓ . � i/if
• NO�'ARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this IT day of *(:)y , 199_7 before mea Notary Public within
and for said county, personally appeared -, �-�\�� { I� - � vY)fY'Z fried_
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
EMILY GRUHN /
, f
NOTARY PUBLIC •MINNESOTA
.�
My Comm,Expires Jae 11,2000 C:- � �“Az
t NOTARY P C
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this )((, day of l , _ , 199_7 before me a Notary Public within
and for said county, personally appeared ,Wy" \ .\?��- cam-> 1 Y r I` 3
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed
NOTARY((itBL-
Page 6 of 7
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=A , CITY of ORONO
dry
44)1w•
4)IMS G~ / RESOLUTION OF THE CITY COUNCIL
9kESH04INO. 8 8 8
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
Page 7 of 7
•
RESOLUTION # 3 8 8 5
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meetingand ofsaid
thee same is at ruesl held on
and correct
April 28 1997 ,
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 7th
day of May , 1997 •
Dorothy M. ,a., City Clerk
(SEAL)
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
_ ` b 6Q- .c. "D5 shall indemnify and hold harmless the City
of Orono, the City Council, and the agentid employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable,arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka,Hennepin County,Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by \ R , \.) - _s , his/their employees, agents or
subcontractors, whether or not caused in partlyi a party indemnified hereunder.
(-. 1
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_5
...._____
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STATE OF A )
Cocc7i.,'/ ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this /k day of
aG vt Y, , 1997, by Sod CL d 9 4 S . --
Notary Public
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
1A shall indemnify and hold harmless the City
of Orono, the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka,Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by c. '-vl-030 t--' `AD(bb , his/their employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
1
t- ---,c...)c\ --,. Wry-•
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
2 /-
The foregoing instrume t was acknowledged before me this i ) day of
J W, , 1997, by L—111(i L/ 6171,r /1177 •
I
;" ' EMILY GRUHN °� �i i '
� lfsy NOTARY PUBLIC-MINNESOTA / P(,/i';( j /- " /L/1--'�
• MY Comm,Expires Jan.31,s000 Notary Public
V
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
•
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
jjc0/,b Jr We-te , ,/ hl shall indemnify and hold harmless the City
of Orono, the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka,Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by ,�ti/-/e., 77,&)6,6 Jr V- Alei Aid• /442b, his/their employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this a day of
41 ct , 1997, by 5'P_/can 1. Ac6h v /47 4, kei6, "If‘`e,‘/.
,j
Notary Public
Y.IIJJJJJJI!!I!�!!!IIJIJIJ"l//'
This document prepared by: 1 •'`"••, LINDA S.VEE fi
City of Orono :• ; NOTARY PUBLIC-MINNESOTA
P.O. Box 66 *-7,1111t• HENNEPIN COUNTY
My Commission Expires Jan.31,2000
Crystal Bay, MN 55323
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
,Jc1,1,\ f , T,'6-13)) shall indemnify and hold harmless the City
of Orono,the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County,Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by ,
I) G'1 Vl ' , RO 17O , his/their employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
/ALMr (- //Y /
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 6day of
`Jcfi e. , 1997, by gLI il I) i .. itay .6 CC//7-z)12etc e;(.,
Yrio .��liriirr�rr_,rliirfl,,,
LINDA S.VEE
NOTARY PUBLIC-MINNESOTA 2 `lyy f /���
HENNEPIN COUNTY l/
•` � My Commission Expires Jan.31,2000 ,, Notary Public
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
•
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
JamYteS eCQe r ur)e m. f--i eager- shall indemnify and hold harmless the City
of Orono, the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka, Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by i riles /'/P/ c? E Mne I/. er , his/their employees, agents or
subcontractors, wh'ther or not caused in part by a party indemnified hereunder.
7
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7 day of
/1/1 G� ( , 1997, by T a of e s �, �� P,� Nt J un M , r i e'j e i;
/
�.
LINDA S VEE / �,
NOTARY
PUBLIC MINNESOTA �—
`"` ; ;• HENNEPIN COUNTY Notary Public
My Commission Expires Jan.31,2000
This document prepared by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
or L. fdat' i. I'`i L Dc (la l fdai27Sshall indemnify and hold harmless the City
of Orono,the City Council, and the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City, City Council and agents and
employees of the City may suffer or for which it may be held liable, arising out of or resulting from
the assertion against them of any claims, debts or obligations in consequence of his/their
construction of the following private improvements:
Private septic system connection lines and a section of fence within the right-of-way
dedicated within the plat of Pleasant View Lake Minnetonka,Hennepin County, Minnesota,
subject to the conditions and limitations contained in City Council Resolution No. 3885
by G eo►- e L H dCtmj-1 D Don r a t- 1 <l �,z,s , his/their employees, agents or
subcontractdrs, whether or not caused in part by a party indemnified hereunder.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this o2 o' 'day of
)Gz , 1997, by Cezry hdds,:s /'16 4.Dar»a d--6m
�t,u✓ n �
Notary blic
This document prepared by: `
City of Orono SMR
P.O. Box 66 �� .SIM
Crystal Bay, MN 55323