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:, �i�;�. RESOLUTION OF THE CITY COUNCIL
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��'�� 2679
`,�' � �;:a- NO.
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A RESOLDTION APPROVING A R$FDND �
OF A SEWL�R ASSESSMENT FOR
1360 VINE PLACS •
WH$REAS, the City of Orono is a municipal corporation _
organized and existing under the laws of the State of Minnesota;
and �
WH$R$AS, the City Council of the City of Orono has
adopted subdivision regulations for the orderly, economic and
safe development of land within the City; and
WH$REAS, from time to time the City of Orono has �
installed municipal sanitary sewers in various portions of the
City to provide for safe and sanitary sewage disposai within the
City; and
WHEREAS, the City of Orono has generally and routinely �.
• assessed the costs of instal lation of municipai sanitary sewers
against the properties benefitting by such installation; and ;
WHEREAS, as a part of City of Orono Sewer Project
#1970-LS-1, two sewer stubs were provided and two sewer units
assessed to the property owned by Ear1 Norwood at 1360 Vine Place
and legally described as follows:
Exhibit A, attached (hereinafter "the property" ) ; and
WHEREAS, at the time of assessment, the property
consisted of four separate tax parcels containing a total of 1.58
acres in area; and
WH$R$AS, at the time of assessment in 1970 the City
anticipated that a potential existed that future variances might �
be granted to allow a second dwelling unit to be constructed on
the property; and
WHEREAS, in July 1976 the property owner combined the
four individual tax parcels into one single tax parcel to meet
City code requirements for construction of a detached garage,
which was required to be placed on the same parcei as the
principal residence. Such action identified the property as a
single tax parcel and as a single property for zoning purposes,
� hence construction of a second dwelling unit on the property
henceforth required subdivision approval; and
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� �s�-� Clt� o� ORONO .
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� . �(�� � RESOWTION OF THE CITY COUNCIL
. � `,,� NO. 2679
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WHEREAS, on July 24, 1989 the Orono City Council denied '.
a proposed lot area variance and subdivision of the property and
adopted Resolution #2667 which makes findings of fact regarding
the subdivision denial; and
WHEREAS, the City Council of Orono makes the following .
additional findings of fact regarding the previously paid sewer
assessments for the property:
1. The property was assessed for two sewer units and was
assessed a front footage charge for the entire property.
2. The property owner faithfully paid the assessments with ::
the full expectation that at some future date he would have R
the benefit of an available sewer stub for a second dwelling
unit on the property. �
3. A second dwelling unit never existed on the property and
• the property owner never made use of that second sewer stub.
4. Upon denial of the subdivision to allow construction of
a second dwelling unit, the City Council recognizes that the
property owner can reaiize no substantial benefit from the
existence of the second sewer stub for which he has been
fully assessed.
5. If only one sewer stub had been provided and only one �
sewer unit had been assessed originally, the City would
still have assessed the property for the entire front
footage of 214.25 feet, henCe the footage portion of the
original assessments is considered to have benefitted the
property and is not eligible for refund.
NOW, THEREFORE BE IT RESOLVED that based on the above
findings, the Orono City Council hereby authorizes a refund of
principal and interest the second sewer unit assessment
previously paid by Earl Norwood for property located at 1360 Vine
Place, in the amount of $3,561.94, which refund includes the
original principal amount plus interest since the date of assess-
ment. Further be it resolved, that the City Council directs City
staff to file this resoiution against the chain of title of the
property, in order that future property owners be aware that a
second sewer unit is no longer available to serve the property.
•
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R����� � ��� Clt� o� ORONO . �
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�� >`-~" RESOLUTION OF THE CITY COUNCIL
r"�'��:'��`� ��' NO. 2679 .
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Adopted by the City Council of Orono, Minnesota at the
regular meeting held this 14th day of August, 1989.
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ATT ST: CrJames R. Grabek, ayor �
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Dorothy M allin, City Clerk
STATE OF MINNESOTA ) ' .
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on �
this 14th day of August, 1989, by James R. Grabek & 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. •
t
Notary Public �
'�{�pE8A L. NAAB
�ppy pUg�JC•MINNESOTA
�Iq�ENoom�na��resNe-TeY-92 �'�'/02
My Commission Expires
•
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EXHIBIT A
RESOLUTION N0. 2679 �-
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The followin8 deacribed proPertY all lyin8 in .
Blxk 17, Saea Hill Eaviaed. �'P� ���' .
�ota: Lot 4, and the NorthWesterly half of
Lot 3, and Lot 12, �C�r that portion thereof
lyin8 Westerly frem a line draKn from a point on
the_I�ortherly line of snid Lot 12 diatant 12_�
feet Southeaeterly from the NorthWesterly corner
t���idtaiibdiviaionn diatantt12r5yfeet�Westerly � .
11, ,
from the Southeast corner of said Lot 11. � . , .
eISO that portion of Lot 13. and that portion of �
the vacated Canal Street lyin8 Basterly °fBlockne
�.ac�a from the Northeast corner of Lot 2.
ig, said eubdiviaion, to a point 12-5 feet West-
erly from the Southeasterly coraer of eaid Lot
I1, Block 17, AHD that portion of the Northerly
half of the vacated ca.nal lyin8 gasterly of a
l�e d�.nun from a point on the Northeasterly line
of said Lot 12, Block 17, distant 12.5 feet
Southeasterly .from the Northwest corner of said
Lot 12 to a point on the Southerly
line of
said
i Lot 11, Block 17, distent 12_5 feet Westerly from .
� the Southeaaterly corner of said Lot I1, and ex-
' tendin8 to the centerline of said canal, and ly-
, • ing Westerly of the folloWinB deacribed line:
� Commencin8 at a point on the Northerly line of
� s a i d L ot 13 at a point 25.00 feet Southeasterly
� � from the Southeast corner of said IAt 4; thence
' Southerly parallel With the We9t line of said Lot
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' I3 a distance of 100.00 feet; thence Southeast-
; erly and parallel uith the Northerly line of said
� �Lot 13 to the $asterly �line of said Lot 13, and
thence eactended to the centerline �h18hlastddea
� nal (For pui'Poses of thia surveY,
� acribed eactension haa been as8umed to be a line
� perpendicular to the Northuesterly line of Canal .
Street vacated rather than a true extension of
. the previouely deacribed line, aince this is hou .
� the linea havefbeii buildin8aythereo�n,� �does .
' the lxation o
� not purport to ahaFr other improvementa or en- -�
` ��c�eats. For purpoaee of this surveY t�t
part of Roreat Baulevard lyin8 NortheasterlY of �
� aaid above deacribed portiona of Lota 3 and 4, . . .: .. .
� and bet�eII the Northeaaterly eztanaions of the . .
j NorthWea erof 1�d Lot 3idhaatbeen astaumed to be . �
I centerlin �- .
included aa Pa�'t of the.abcve described ProP�rtY- . .. --
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