HomeMy WebLinkAboutResolution 5652O� � �O
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�� p~ RESOLUTION OF TI E C�ITYC COUNCIL
L�kESH0 No. 6
A RESOLUTION
APPROVING THE PLAT OF
BRACKETTS POINT 2ND ADDITION
- FILE #07-3274 / #07-3306
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted subdivision and land development regulations for the orderly, economic and safe
development of land within the City; and
WHEREAS, the City Council has considered the application by Bruce G.
Paddock, single, (hereinafter "Developer") for subdivision of property located at 1450 and 1500
Bracketts Point Road and including a portion of Bracketts Point Road, legally described as
follows:
Lots 1 and 3, Block 1, BRACKETTS POINT, Hennepin County, Minnesota;
and
That part of Bracketts Point Road as dedicated to the public within the plat of
REARRANGEMENT OF ORONO POINT, Hennepin County, Minnesota, which
lies southerly of a line drawn from the most westerly corner of Lot 1, Block 1,
BRACKETTS POINT, Hennepin County, Minnesota, to the most northerly corner
of Lot 3, said Block 1;
(hereinafter "the property"); and
WHEREAS, on April 23, 2007 the City Council adopted Resolution No. 5607
granting Preliminary Plat Approval for the proposed development of a two -lot plat for single
family residential purposes, including the creation of two outlots, one for private road purposes,
and one to accommodate an existing tennis court for potential neighborhood use; and
WHEREAS, the Developer has completed or has agreed to complete all
requirements of the platting regulations of the City and requirements of the City for the proposed
plat, including:
Completion of all platting requirements of Preliminary Plat Resolution No. 5607.
Page 1 of 5
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5652
2. Dedication on the plat of perimeter Drainage and Utility Easements and Drainage
Easements as required in Resolution No. 5607.
3. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the
grading, drainage and stormwater management plan for development of the
Property.
4. Provision to the City of an underlying Road, Drainage and Utilities Easement for
the private road within Outlot B.
5. Provision to the City of a Declaration of Covenants, Conditions and Restrictions,
and Private Roadway Easement for the private road in Outlot B, including
provisions allowing no fences within 10' either side of the pavement, as well as
requiring that the private road be maintained in all seasons to its paved width and
not allowed to be narrowed.
6. Dedication on the plat of right-of-way for a public portion of Bracketts Point
Road.
7. Submittal of covenants for use and maintenance of tennis court Outlot A,
including provisions prohibiting additional accessory structures in Outlot A.
8. Submittal of signed Covenant for Maintenance of Raingardens, as well as
submittal of covenants for all other stormwater management facilities.
9. Submittal of final plans and specifications for all proposed utility lines and
services, including proposed revisions to existing service facilities, as well as a
utility abandonment plan; final grading, drainage and erosion control plan;
engineering details and design for any proposed retaining walls; final boulevard
landscaping design plan with planting schedules including numbers and species;
road construction plans including proposed plan and profile views, typical street
section, geotechnical report, R -value recommendation and pavement design; all of
the above in sufficient detail to meet the recommendations of the City Engineer.
10. Submittal of signed Drainage and Utility Easement over the appropriate portions
of the adjacent Headrick property.
Page 2 of 5
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CITY of ORGNO
RESOLUTION OF THE CITY COUNCIL
NO. 5AEj2
11. Provision to the City of a signed and executed Developer's Agreement and Letter
of Credit for the approved site improvements including construction of public and
private road, municipal sewer relocation and relocation of individual service lines
as necessary, storm sewer and drainage systems improvements, and site grading
and landscaping.
12. Provision to the City of a title opinion and certified copies of all recorded
easements currently affecting the Property.
13. Payment to the City of final plat review fees and legal review and filing fees in
the amount of $530.00 as established within Resolution No. 5607.
NOW, THEREFORE, BE IT RESOLVED that based on the findings of
Resolution No. 5607, the City Council of the City of Orono does hereby approve the plat of
BRACKETTS POINT 271D ADDITION, Hennepin. County, Minnesota subject to the following
declarations and conditions:
Lot Standards. For Lot 1, the yard abutting the public portion of Bracketts Point Road
and abutting Outlot B shall be the rear or street yard, subject to a 50' principal structure
setback. The lot line between Lots 1 and 2 shall be considered as a side lot line for both
lots. For Lot 2, the yard abutting Outlot B shall be considered as a rear or street yard, the
line abutting 1480 Bracketts Point Road is a side lot line. Lots 1 and 2 each have
substantial shoreline on Lake Minnetonka, requiring a 75' setback.
2. Average Setback. Lots 1 and 2 shall be exempt from the average lakeshore setback
requirement.
Use of Outlot A. The only accessory structure allowed in Outlot A shall be the private
tennis court, and it is specifically granted a variance to be 10' from the new street lot line.
Ownership of Outlot A may be either by one, some, or all of the owners of Lots 1 and 2
and the owner of 1480 Bracketts Point Road.
4. Permits. No land alterations shall take place until erosion control is established and the
City Engineer has approved all final improvement plans. No building permits will be
issued until all sewer relocation, drainage facilities, improvements, and satisfactory road
base (base layer and initial lift of bituminous) have been installed.
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5652
5. City Engineer Approval Required. The Developer shall implement all recommendations
of the City Engineer regarding grading, drainage, stormwater management and site
improvements.
6. Construction of Road, Utilities and Other Site Improvements. The Developer shall
construct the public and private road, municipal sewer and individual connections,
stormwater and drainage systems and facilities, site grading, and landscaping in
accordance with the Developers Agreement to be executed between the City and the
Developers.
7. Minnehaha Creek Watershed District Approval. This subdivision approval is subject to
MCWD approvals and permits as required. The final plat shall not be released for filing
until the Subdividers have provided evidence that all required MCWD permits have been
obtained.
8. Developers Agreement. The plat shall not be released for filing until the Subdividers have
executed a Developers Agreement per the conditions of Resolution No. 5607, including a
letter of credit written to 150% of the cost of the proposed site improvements, including
any required landscaping.
9. Release for Filing. The City Clerk shall release the plat documents for filing only upon
certification by the City Attorney and Planning Director that all requirements of the
platting regulations have been satisfied.
10. Filing. The aforesaid plat shall be filed with Hennepin County on or before February 13,
2008 together with a certified original copy of this resolution and executed copies of the
easements and covenants pertinent thereto.
The approval granted by this Resolution shall expire if the conditions of this Resolution have not
been met or 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.
Page 4 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 652
Adopted by the City Council of Orono this 27th day of August, 2007.
ATTEST: j
Linda S. Vee, City Clerk a'M M. White, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this? day of
2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal
co oration and said instrument was executed on behalf of the City.
N
STATE OF MINNESOTA
COUNTY OF HENNEPIN
JACQUELYN M"YOUNG
Notary Public -Minnesota
MY Comffusicn EXPIrea Jen 31.2010
The foregoing instrument was acknowledged before me on this -2f day of
yop�, 2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
corp ration and said instrument was executed on behalf of the City.
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Notary Public
Page 5 of 5
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on August 27, 2007, with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 28th day of August , 2007.
t/ - 'd, 6"
City Clerk
(seal)