HomeMy WebLinkAbout#3621 - Division of combined lots - 1995 . �_ _
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RESOLUTION OF THE CITY COUNCiL
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A RESOLUTION �,PPROVING � CLASS I DIVISION
OF LEGALLY CO:�LBI'vED LOTS LOCATED AT
2430 AND 2490 C�SCO POII\'T ROAD
FILE NO. 2000
WHEREAS, the Citv of Orono is a municipal corpo:ation organized and eYistin�
under the laws of the State of Minnesota; and
u'HEREAS, the City Council of the City of Orono (hereinafter "City Council") has
adopted subdivision re�ulations for the orderly, economic and safe development of land���thin the
City; and
WHEREAS, the City Council has considered the application for a division bv
Cortlen G. Cloutier (hereinafter "the Subdi��ider") that would divide Lot 1 from Lots 3, 4 and Outlot
1. Tl�e properties are legally described as follows:
Lots 1, 3, 4 and Outlot 1, Block l, Tillson's Villa Carman, Hennepin County�,
Minnesota. (hereinafter "the propem�"); and
��VHEREAS,the Subdivider has completed all requirements of the City for a Class
I Division of legally combined lou.
i�'OW, THEREFORE, BE IT RESOLVED, that the Ciry Council oi the Ciry of
Orono hereby approves the Class I Division of the propem� for Cortlen G. Cloutier as shown on the
Certificate of Survey by John C. Larson, a registered land surveyor, Minnesota License �`19828, of
Pioneer EnQineering, dated February 1�, 199�, most re�zsed date October 12, 199�, and attached to
this resolution, subject to the following conditions:
l, Subdivider shall create access easements over drive�;ays that encroach Lot 1 and
leQallv described on the above reierenced surve��. Driveway/access easements shall
be �anted in favor of Lots � and 4 over Lot 1. Subdivider to provide fullv executed
easements to be filed with the resolution approvin� this Division.
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�, G'� RESOLUTION OF THE CITY COUNC�L
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2. Upon application for a building permit for ne�i�residential construction on Lot 1, applicant
shall make payment to the Ciry for a se«�er connection char�e of�1,284.�0 based on the
current 1995 Fee Schedule. In addition, the applicant shall make payment of a Service
Availability Charae of$8�0.00.
.;. The aforzsaid Division of Lot 1 from Lots 3 and 4 and Outlot 1 as show�n on the
attached Cenificate of Sur��e�� shall be filed by the Cit�� of Orono ���ith either the
Hennepin County Recorder's Office or Registrar of Titles Office on or before April
23, 1996 together ��ith a cenified 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
disaQree about the status of the land which is bein� subdivided herein. The City
takes the position that the land being subdivided by this application had been
combined into a sinale 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 lou 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 Zonin� Regulations in
place at the time of the subdivision application, and that it will not recoanize the
lots as they existed previous to the combination. Mr. Cloutier disagrees, but has
deterrnined to proceed with this subdivision, reC0aI11Z1Ila that the lots created
hereby are not, in the Ciry's view, subject to further division without a subsequent
approved subdivision application.
The undersigned Subdivider has read, understood and hereb�� a�rees to the terms of
this resolution and on behalf of himself; his heirs. successors and assigns, hereby aQrees to the
recordin� of this resolution in the Chain oi Title of the propem�.
The approval �ranted bv 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.
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�� � �// RESOLUTION OF THE CITY COUNCIL
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Adopted b�� the Orono Ciry Council on this 2�rd day of October, 199�.
A EST:
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orothy i�1. a in, Ciry Clerk �dward J. Callal�ian, �r., i�iavor
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Cortlen . C utier, Subdivider
STATE OF �IINNESOTA )
) ss.
COU�ITY OF HEi�NEPIN )
The foregoin� instrument was acknowledged before me on this 1 lth 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 Cit�l.
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Notan- Puolic
STATE OF MINNESOTA )
) ss.
C4UNTY OF HENNEPIN )
On this ;5(s� day of /'l h�i�;=� , 199 -�before me a Notary Public within
and for said counry, personally appeared �' o,- T!�,, �t: �'/���;';�=�� s��f�u;�.:;�%E�r
known to me to be the person(s) descnbed in and who executed the foreaoina instrument, and
acknowledaed that he (they) executed the same as his (their) free act and deed.
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LINDA S.VEE ��_ e� ,�. ���Z.
NOTARY PUBLiG��11NNESOTA
�o e`�� HENNEPIN COUNTY NOTARY PUBLIC
My Commission Ezpires Jan.31,2000
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