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HomeMy WebLinkAboutResolution 66285H CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6628 A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT AT 2465-2485 NORTH SHORE DRIVE FILE NO. 16-3829 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 Orono (hereinafter "City Council') has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, B. John Lindahl, Jr. and Sarah B. i indahl, a married couple, (hereinafter the "Applicants') are the owners of the properties located at 2465 and 2485 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Attached as Exhibit A (hereinafter the `properties'% and WHEREAS, the applicants have made application to the City for approval of a lot line rearrangement which would relocate the lot boundary line between the properties; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the proposed lot line rearrangement on May 16, 2016 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the Orono City Council reviewed the proposed lot line rearrangement at a regular meeting held on May 23, 2016 and makes the following findings with regards to the proposed lot line rearrangement: FINDINGS 1. This application was reviewed as Zoning File #16-3829. 2. The parcel at 2465 North Shore Drive (the "2465 parcel") contains 1.33 acres in total area and currently contains a single family residence and outbuildings. 3. The parcel at 2485 Forth Shore Drive (the "2485 parcel") contains 2.47 acres in total area and currently contains a single family residence and outbuildings. 4. The properties are served by private wells and municipal sewer. Page 1 of 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No_ 6628 5. This application contemplates a lot lune rearrangement to transfer a 0.29 acre pardon of the 2485 parcel to the 2465 parcel. The 0.29 acre portion consists of dry buildable land. 6. Following the lot line rearrangement the 2465 parcel_ will contain 1.62 acres in total and the 2485 parcel will contain 2.18 acres in total. 7. The lot line rearrangement will result in the residence and barn on the 2455 parcel becoming conforming with regard to west side setback. S. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. CONCLUSIONS, ORDER AND CONDMONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants the lot line rearrangement of the above referenced properties based on the lot line rearrangement survey with most recently revised date of April 20, 2016 by Wayne W. Preuhs of Advanced Surveying and Envineerin Co. attached as Exhlbait B; subject to the following conditions: 1. The 0.24 acre portion of the 2485 parcel to be transferred shall not be considered a standalone buildable lot, and shall be legally combined with the 2465 parcel. 2. Following the lot line rearrangement the properties shall be legally described as follows: a. 2465 parcel; Description attached as Exhibit C; b. 2485 parcel: Description attached as Exhibit D. 3. The Applicants shall file the appropriate deeds reflecting the new legal descriptions with the Hennepin County Recorder's Office and/or Registrar of Titles Office on or before May 23, 2017, or the approval granted by this resolution shall expire. Adopted by the City Council of Orono, Minnesota this 23rd day of May, 2016. ATTEST: r>Lk UL Tiegs, City Cl� Lili Tod McMillan, —May-or— Page 2 of 2 Rmofution 6 6 2 8 Exhibit A LN&LOMMOV17ION FQR 2465 MQ . QUIT CLAIM DEED DOC. NO. 3874403 That part of Government Lot 5, Section 9, Township 117 North, Range 23 West of the 5th Principal Meridian described as follows: Commencing at a point in the center line of County Road No. 31, which point Is 437.4 fleet due West of a point in the East lime of said Section 9, distant 1260 South of the East quarter comer of sold section; thence North 63 degrees 08 minutes West along the center Eine of said county road, a distance of 50 feet, thence North 61 degrees 17 minutes West along the center kine of said county road, a distance of 72.8 feet; thence South 40 degrees 07 minutes West to the shore of Lake Minnetonka; thence Southeasterly along said shore line to an Intersection with a line bearing South 40 degrees 07 minutes West from the point of beginning; thence North 40 degrees 07 minutes East to the point of beginning. For the purpose of this description the East line of Government Lot 5 Is assumed to be a true North and South Eine. Subject only to an easement for driveway purposes over a 12 foot wide strip of land as described Indeed filed as Document 3127283 in the office of the register of Deeds In and for said County, which easement parties of the first part do not release by this instrument. Both parties, for themselves, their heirs and assigns, agree to pay one-half of the expenses Incurred in the maintenance of said driveway. The easement for maintenance, etc, of a garage or barn building described in said deed Is expressly released hereby. WARRANTY DEED DOC. NO. 6691019 That part of Government Lot 5, Section 9, Township 117 North, Range 23, West of the 5th Principal Meridian, described as follows: Commencing at a point In the center line of County Road No. 51, which point Is 437.4 feet due West of a point in the East line of said Section 9, distant 1260 feet South of the East quarter comer of said Section; thence North 63 degrees 08 minutes West along the center line of said county road, a distance of 50 feet; thence North 61 degrees 17 minutes West along the center line of said road, a distance of 100 feet; thence North 59 degrees 11 minutes West along the center line of sold road a distance of 214.6 feet; thence South 40 degrees 07 minutes West, 465.6 feet, more or less, to the shore of Lake Minnetonka; thence Southeasterly along Bald shore line to Its intersection with a line drawn South 40 degrees 07 minutes West from the point of beginning; thence North 40 degrees 07 minutes East 523 feet, more or less, to the point of beginning; EXCEPT that part thereof described as follows; Commencing at a point in the center line of County Road No. 51 which point Is 437.4 feet due West of a point In the East line of said Section 9, distant 1260 feet South of the East quarter corner of said section; thence North 63 degrees 08 minutes West along the center line of said county road a distance of 50 feet; thence North 61 degrees 17 minutes West along the center line of said road 72.8 feet to a point hereinafter referred to as "Point A"; thence South 40 degrees 07 minutes vilest to the shore of Labe Minnetonka, said last-mentioned line being hereinafter referred to as "Line X"; thence Southeasterly along said shote line to Its Intersection with a line bearing South 40 degrees 07 minutes West from the point of beginning; thence North 40 degrees 07 minutes East to the point of beginning. ALSO: Together with an easement for driveway purposes over a strip of land 12 feet In width, the center line of sold easement being described as follows; Commendng at "Point A" hereinabove referred to; thence South 61 degrees 17 minutes East, a distance of 34.8 feet; thence South Be degrees 07 minutes driest, a distance of 78 feet; thence Southwesterly on a tangential curve to the right with a radius of 180 feet to Its paint of Intersection with "Line X" said point of intersection being hereinafter referred to as "Point B', and there terminating. Subject to public easement In County Road No. 51, and to an easement for driveway purposes over a strip of land 12 feet In width, the center line of said easement being described as follows: Beginning at said °Point B"; thence South 70 degrees West, a distance of 91 feet; thence Southwesterly, Southerly and Southeasterly along a tangential curve to the left having a radius of 25 feet and central angle of 105 degrees, a distance of 45.81 feet; thence South 35 degrees East to a point of Intersection with said "Line X" and there terminating. The sidelines of both said driveway easements shall be extended to Intersect the center line of County Road No. 51 and "Line X". For the purpose of this description the East line of Government Lot 5 Is assumed to be a true North and South line, according to the United States Government Survey thereof and situate In Hennepin County, Minnesota. 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P�.1ia.433g3 AAFV Ma -teaws Anp -- • Resolution EWbit B Resolution Exhibit G PROPOSED LEGAL DESCRIPTION FOR 2465 NORTH SHORE DRIVE: That part of Government Lot 5, Section 9, Township 117 North, Range 23 West of the Sth Principal Meridian described as follows: Commencing at a point in the center line of County Road No. 51 which point Is 437.4 feet due West of a point in the East line of said Section 9, distant 1260 feet South of the East quarter corner of sold section; thence North 63 degrees 08 minutes west along the center line of said county road a distance of 50 feet; thence North 61 degrees 17 minutes West along the center line of sold mad, a distance of 100 feet; thence North 59 degrees 11 minutes West along the center line of said road a distance of 32.96 feet; thence South 33 degrees 22 minutes 29 seconds West, 510.9 feet, more or less, to the shore of Lake Minnetonka, said last-mentioned line being hereinafter referred to as "Line Z'; thence Southeasterly along said shore line to its intersection with a line bearing South 40 degrees 07 minutes West from the point of beginning; thence North 40 degrees 07 minutes East, 573 feet, more or less, to the point of beginning. Subject to an easement for driveway purposes over a strip of land 12 feet in width, the center line of said easement being described as follows; Commencing at a point In the center line of County Road No. 51 which point Is 437.4 feet due West of a point In the East line of said Section 9, distant 1250 feet South of the East quarter comer of sold section; thence North 63 degrees 08 minutes West along the center line of said county road a distance of 50 feet; thence North 61 degrees 17 minutes West along the center line of said road 38.0 feet to the point of beginning; thence South 38 degrees 07 minutes West, a distance of 78 feet; thence Southwesterly along a tangential curve to the right with a radius of 180 feet, a distance of 103.0 feet; thence South 70 degtees 54 minutes 06 seconds West, a distance of 85.25.feet, to the Intersection with sold'Une Z", said point of Intersection being hereinafter referred to as "Point W and said line there terminating. Together with an easement for driveway purposes over a strip of land 12 feet In width, the renter Eine of said easement being described as follows: Beginning at aforementioned °Point A!% thence continuing South 70 degrees 54 minutes 06 seconds West, a distance of 20.70 feet, thence Southerly along a tangential curve to the left with a radius of 25 feet, a distance of 43.06 feet; thence South 27 degrees 46 minutes 31 seconds East, a distance of 5.53 feet to the Intersection with said "Line Z" and said line there terminating. sidelines of both said driveway easements shall be extended or shortened to terminate at the centerilne of County Road No. 51 and said 'Line Z". Subject to public easement In County Road No. 51 For the purpose of this description the East line of Government Lot 5 Is assumed to be a true North and South line, according to the United states Government Survey thereof and situate In Hennepin County, Minnesota. Resolution 66 28 Exhibit D D LEGAL DESCRIPTION FOR 2485 NORTH SHORE D That part of Government Lot 5, Section 9, Township 117 North, Range 23, West of the 5th principal Meridian, described as follows: Commenting at a point in the center line of County Road No. 51, which point is 437.4 feet due West of a point in the East 11 n of said Section 9, distant 1260 feet South of the East quarter corner of said Section; thence North 63 degrees 08 minutes West along the center line of said county road, a distance of 5o feet; thence North 61 degrees 17 minutes West along the center line of said road, a distance of 100 feet; thence North 59 degrees 11 minutes West along the center line of said road a distance of 214.6 feet; thence South 40 degrees 07 minutes West, 465.6 feet, more or less, to the shore of Lake Minnetonka; thence Southeasterly along said shore line to Its Intersection with a line drawn South 40 degrees 07 minutes West from the point of beginning; thence North 40 degrees 07 minutes East, 523 feet, more or less, to the point of beginning; EXCEPT that part thereof described as follows: Commencing at a point in the center line of County Road No. 51 which point Is 437A feet due West of a point In the East line of said Section 9, distant 1260 feet South of the East quarter corner of sold section; thence North 63 degrees 08 minutes West along the center Ilne of said county road a distance of 50 feet; thence North 61 degrees 17 minutes West along the center line crf said road, a distance of 100 feet; thence North 59 degrees 11 minutes West along the center line of said road a distance of 32.96 feet, thence South 33 degrees 22 minutes 29 seconds West, 510.9 feet, more or less, to the snore of Lake Minnetonka, said last-mentioned line being hereinafter referred to as "Line Z'; thence Southeasterly along said share line to its intersection with a line bearing South 40 degrees 07 minutes West from the point of beginning; thence North 40 degrees 07 minutes East, 523 feet, more or less, to the point of beginning. Together with an easement for driveway purposes over a strip of land 12 feet in width, the center line of said easement being described as foilows; Commencing at a point in the center line of County Road No. 51 which point Is 437.4 feet due West of a point in the East line of said Section 9, distant 1260 feet South of the East quarter comer of said section; thence North 63 degrees 08 minutes West along the center line of said county road a distance of 50 feet, thence North 61 degrees 17 minutes West along the center line of said road 38.0 feet to the point of beginning; thence South 38 degrees 07 minutes West, a distance of 78 feet; thence Southwesterly along a tangential curve to the right with a radius of 180 feet, a distance of 103.0 feet; thence South 70 degrees 54 minutes 06 sewnds infest, a distance of 85.25 feet, to the Intersection with said "Line Z", said point of Intersection being hereinafter referred to as "Point A" and said ilne there terminating. Subject to an easement for driveway purposes over a strip of land 12 feet in width, the center line of said easement being described as follows: Beginning at aforementioned "Point A"; thence continuing south 70 degrees 54 minutes 06 seconds West, a distanceof 20.70 feet; thence Southerly along a tangential carve to the left with a radius of 25 feet, a distance of 43.06 feet; thence South 27 degrees 46 minutes 31 seconds East, a distance of 5.53 feet to the Intersection with said "Line Z" and said line there terminating. Sidelines of both said driveway easements shall be extended or shortened to terminate at the centerline of County Road No. 51 and said "Line Z". subject to public easement In County Road No.,51. For the purpose of this description the East line of Government Lot 5 is assumed to be a true North and South line, according to the United States Government Survey thereof and situate In Hennepin Courrty, Minnesota.