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Home My WebLink About#2000 Recorded Resolution 36216505715 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 D 21 A RESOLUTION APPROVING A CLASS I DIVISION OF LEGALLY COMBINED LOTS LOCATED AT 2480 AND 2490 CASCO POINT ROAD FILE NO. 2000 WHEREAS, the City of Orono is a municipal corporation organized and existi..TJ.g under the laws of the State of Minnesota; and \VHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a division by Cortlen G. Cloutier (hereinafter "the Subdivider") that would divide Lot 1 from Lots 3, 4 a...'1d Outlot 1. The properties are legally described as follows: Lots 1, 3, 4 r Block 1, and Out lot 1,Tillson's Villa Carman, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the Subdivider has completed all requirements of the City for a Class I Division of legally combined lots. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the Class I Division of the property for Cortlen G. Cloutier as shown on the Certificate of Survey by John C. Larson, a registered land surveyor, Minnesota License #19828, of Pioneer Engineering, dated February 15, 1995, most revised date October 12, 1995, and attached to this resolution, subject to the follo·wing conditions: 1. Subdivider shall create access easements over driveways that encroach Lot 1 and legally described on the above referenced survey. Driveway/access easements shall be granted in favor of Lots 3 and 4 over Lot 1. Subdivider to provide fully executed easements to be filed with the resolution approving this Division. Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL r9 t,;) -~ NO. ____ r:_::,_,_"-__ _ 2. Upon application for a building permit for new residential construction on Lot 1, applicant shall make payment to the City for a sewer connection charge of $1,284.50 based on the current 1995 Fee Schedule. In addition, the applicant shall make payment of a Service Availability Charge of $850.00. 3. Th_eL aforesaid Di·visian of l,ot 1 from I_,ots 3 and 4 and Outlot 1 as sb_ovvn 011 the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before April 23, 1996 together with a certified original copy of this resolution. 4. The Subdivider is hereby advised that in order to fulfil the intent of this Division that additional documentation must be created by Subdivider to provide for the legal transfer of fee title of Lot 1. 5. In the subdivision application, it became apparent that Mr. Cloutier and the City disagree about the status of the land which is being subdivided herein. The City takes the position that the land being subdivided by this application had been combined into a single lot. Mr. Cloutier takes the position that the land combination was not authorized by him, that the land has never been legally combined, and that the lots created by the subdivision previous to the combination are still in existence. The City has made clear to Mr. Cloutier its view that this and any future subdivisions need to be consistent with the Zoning Regulations in place at the time of the subdivision application, and that it will not recognize the lots as they existed previous to the combination. Mr. Cloutier disagrees, but has deterrnined to proceed with this subdivision, recognizing that the lots created hereby are not, in the City's view, subject to further division without a subsequent approved subdivision application. The undersigned Subdivider has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. The approval granted by this resolution shall expire if the Division 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. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 2]. Adopted by the Orono City Council on this 23rd day of October, 1995. STATE OF MINNESOTA ) ) ss. C OUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of July , 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin , Mayor and City Clerk of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City . l\To +n :.J, D,,b1i r l ,. LGL.i.. .&. 1,..i,. ,.,..__. ST ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3 1 f!:. day of CJ ck /;,-e/"' , 199 .S before me a Notary Public within and for said county, personally appeared {:._ o r/,-/f11 C, Clo u·k -n~, .5"t,t.,/Jtf, 't1t'd'e,., k.nown to me to be the person(s) described in and who executed the fbregoing instrument , and acknowledged that he (they) executed the same as bis (their) free act and deed. Pa ge 3 of 4 / / / / SCALE IN 1'DT 'i i i T llnoh•30 ll ,, / ,, / / ,, ,, ,, / / ,, ,, ,, ,, ,, ,, / / ,, \ \,,' ~~ Survey for: :STf<EE.j LOT 1 Iii -CATCH BASIN ~ • EI..ECTIC BOX o • FENCE CORNER ~ • fl.ARE]) ENO SECTION 9 • H'ltlRANT • • IJQITP<ll ...;.,. • UTIUlY Pill Q • SANITARY OR S'IORM IIANHOU: ill • lEI..EPHONE BOX r------,-------7 I I I II ,?.< 6 .-__?< II .. , ~1£ \ I ,, ' I ~ I I .,,.t,' I .. , I I ' I I I I I I -------1 ------I I !. I , I I'\' I '\~I I ,, I rJ I I C:,•' I -:>'v I I I I I I I L ______ _L ______ J S£CnaN 20, T'IIP. 117, RGE. 23 &.CXM'lll'II 11111' NOSOALC LOT 1 AREA = 34,215 S.F. 0.78 AO'lES DRIVEWAY EASEMENT-A AREA = 2,680 S.F. 0.06 ACRES DRIVEWAY EASEMENT-B AREA = 526 S.F. 0 .01 ACRES AREA -DRIVEWAY EASEMENTS : ~~7~oiJfs AREA WEST OF WLY DRIVEWAY EASEMENT -22.216 S.F. = 0.51 ACRES ./j/ 5 .' ,~., I ,'>, ~~-,efil-.t► I FCAI Pf5CBJPDON BRANDL ANDERSON HOMES LOI' J LOT 4 OUlLOT I LOT J LOT 4 OU1l.OT 1 '-·-·-------004s.F. I --7 , ____ ~_.,, S.F. 1115 S.F. I Z.980 S.F. lUTAL ~-1 s.r. 2.0lt S.,. I 2.980 S.,. PEJlaJIT.MiE e.su, 5.7" 124.IUII PROPOSED INGRESS AND EGRESS EASEMENT -A A 15.00 foot wide perpetual easement for ingress and egress purposes lying over, under and across part of Lot 1, Block 1, TILLSON'S VILLA CARMEN, according to the rec orded plot thereof, Hennepin County, Minnesota. The center line of said eosement Is described as follows: I I I Commencing at the most northerly comer of B0id Lot 1; thence on on os8Umed bearing of South 51 degrees 22 minutes 15 seconds West, along the northwesterly line of sold Lot 1, a distance of 44.00 feet to the point of beginning of said center line; thence South 11 degrees 18 minutes 15 seconds West, a distance of 18.39 feet; thence southwesterly, a distance of 28.21 feet, along a tangential curve, concave to the northwest, having a radius of 135. 90 feet, and a central angle of 11 degrees 53 minutes 30 seconds; thence southwesterly, a distance of 36.18 feet, along a reverse curve, concave to the southeast, having a radius of 137.62 feet and a central angle of 15 degrees 03 minutes 46 seconds; thence South 08 degrees 07 minutes 59 seconds West, tangent to said curve, a distance of 15. 73 feet; thence southerly, a distance of 5.52 feet. along a tangential curw. concave to the eost, having a radius of 13.00 feet, and a central angle of 24 degrees 21 minutes 00 seconds; thence South 16 degrees 13 minutes 01 seconds East, tangent to soid curv,s, a dist.once vf 48.59 f~Gt; thvr,c.;a, Ni.ri"t!'; 89 d~grees ~ 1 m ;nut~s 06 seconds East, a distance of 2.5.61 feet to an easterly line of said Lot 1 and there iem,inatlng . The side lines of said easement shall be prolonged or shortened to tem,in ote on sold northwesterly and easterly lines of said Lot 1. PROPOSED INGRESS AND EGRESS EASEMENT -B An easement for Ingress and e~ress purposes lyfng owr, under and across that part of Lot 1, Block 1, TILLSON S VILLA CARMAN, according to the recorded plot thereof, Hennepin County, Minnesota, lying easterly of the following described line: Commencing at the most northerly comer of said Lot 1; thence on an assumed bearing of South 23 degrees 36 minutes 40 seconds East, along a northeastony line of said Lot 1, a distance of 71.31 feet to the point <2'1_.!►~. OOll.OT 1, LOTS 1, J AND ♦, BLOO< 1, lllLSON"S Vlll.A CARMAN, ACCORDING ~t~~-t.l ► TO !HE RECORDED PLAT !HEREOF, HENNEPIN COUNlY, MINNESOTA. ~~~ of beginning of said line; thence South 03 degrees 16 minutes 39 seconds East, a distance of 55.93 feet to a southeasterly line of said Lot 1 and there terminating. ~~~ \IE HEREBY CERTIFY 10 BRANDL ANDERSON HOMES THAT !HIS SURVEY, PLAN OR REPORT WAS PREP AREi) BY ME. OR UNDER MY DIRECT SUPEIMSION, AND !HAT I AM A DULY UC£NSED LAND SIJR'oEYOR UNDER !HE LAWS OF lHE STATE OF lltNNESOTA. DATED lHtS 15TH DAY OF FEBRUARY, 1995. SIGNED: .... ·~ • ....... Page 4 of 4 ==-~°':ram20 -~--=--~ .... . ......... _, ____ _ • ' ,, STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CIT Y OF ORONO ) RESOLUTION # 8 6 2 1 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 meeting of said City Council held ori October 2 3 , 199..5_, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. day of In Witness Whereof, I have hereunto set my hand and seal this 24th ---~--- October , 19 _2_L '· .. ,, ' b~- I 6505'715 ·-•f:NOl)9~14 = ~::: ce.:;ns 11 ~. ::;1 .:D $4 ':,1 .1 ·-=-:=::M □i..19514 = :?:~ l):,!=i0~57 15 IJ[JC $16 !J O Oi i ~ -; f U':;ry ;:= (!Hirn liLl!\~_I l:1 t,I ';,: i Y, l·!.!i1'd.'.)O l ~ cc:,,., ·1rl'iT.',1!8C11 i, .. 1,, ·,1 !J •,'I 95 r1 0~' 2u rn 2: 37 ;•··r·•• ... 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