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Home My WebLink AboutResolution 2732 . ; '� ..� . �� RESOLUTION NO. 2�32 . A RESOLUTION AMENDING RESOLUTION NO. 2685 GRANTING FINAL APPROVAL FOR THE HAUSER LAUER WCC ADDITION PLAT, AMENDING CONDITIONS FOR FINAL APPROVAL AND FILING File No. 1326 WHEREAS, on August 28, 1989 , through Resolution No. 2685, the Orono City Council granted final approval of the proposed plat of HAUSER LAUER WCC ADDITION; and WHEREAS, said final approval was conditioned upon several items to be completed, including a requirement that a road and utility easement be granted to the City of Orono, over a portion of an • existing road and other property along the northerly edge of the proposed plat, the proposed easement area to be identified on the plat as "Outlots B and C" ; and WHEREAS, Ronald D. Lauer, single (hereinafter referred to as "Developer") , Leopold A. Hauser III and Helen B. Hauser, husband and wife (hereinafter referred to collectively as "Hauser" ) , and Wayzata Country Club, a Minnesota non-profit corporation (hereinafter referred to as "Country Club") have found that collectively, they are unable to grant an unencumbered road and utility easement to the City of Orono due to the prior existing grant of an access easement affecting portions of Outlots B and C, which access easement is in favor of numerous affected property owners; and � � � • . . � �f ' RESOLUTION #2732 � WHEREAS, the City of Orono, the Developer, Hauser and Country Club wish to allow the filing of the proposed plat of HAUSER LAUER WCC ADDITION to complete the platting process and still allow the property owners and the public suitable access to the property proposed to be platted and the property benefitted by the prior existing grant of access easement for ingress and egress . NOW, THEREFORE, BE IT RESOLVED: 1 . The Developer, Hauser and the appropriate officers of the Country Club will grant, to the City of Orono, road and utility easements over � the northerly 25 feet of the property proposed to be platted as HAUSER LAUER WCC ADDITION, and more particularly described as Outlots B and C of said addition, utilizing the presently existing form of easement grant approved by the City of • Orono. 2 . Upon receipt of the executed road and utility easements, the City of Orono shall file the easements when the plat and other appropriate plat documents are recorded with the Hennepin County ' Recorder. 3 . Should the city council, at a later date, determine the public need requires the construction of a road over all or any part of the road and utility easements, the City Administrator shall give written notice to the Developer, Hauser, Country Club and/or their successors and assigns to the extent that they then retain any interest in Outlots B an�/or C. The notice shall be in the form of a letter from the City Administrator, shall be sent • -2- �� RESOLUTION #2732 • postage prepaid, by certified or registered mail, return receipt requested, shall be deemed delivered not later than the third day after the same was deposited in the mail, and shall allow each party retaining any fee or contract for deed purchasers ' interest in said Outlots six months time from the date of the letter to deed _ by quit claim`deed unencumbered fee title of said party' s interest in and to Outlots B and C HAUSER LAUER WCC ADDITION, to the City of Orono, provided however that the prior access easement originally granted in 1956 and the existing qas pipeline easement in favor of the Minneapolis Gas Company, will remain an encumbrance against Outlots B and C. Simultaneous with delivery of the deeds conveying Outlots B and C to the City, each grantor shall deliver standard form sellers ' affidavits and a title insurance commitment to the • City of Orono, naming the City of Orono as the proposed insured, evidencing good title to the portion of Outlots B and C owned by each party, subject only to the existinq access agreement granted in 1956 and the existing gas pipeline easement in favor of the Minneapolis Gas Company, vested in the party delivering such conveyance. In the event that any of said parties, or their successors or assigns fails to comply, and a court requires said party to do so, said party shall be liable for all costs and attorneys ' fees incurred by the City of Orono in enforcing this agreement against said party. , , Notwithstanding the foregoing it is understood and agreed that the City of Orono shall be responsible for the payment of all costs and expenses incurred in connection with the issuance of any • -3- � �` � `� RESOLUTION #2732 • commitment for title insurance and the issuing of any title policies in connection therewith. It is further understood that the obligations of Hauser, Lauer and/or WCC as expressed in this resolution are not joint and several, but are individual and several only, and that under no circumstances will any costs or damages incurred by the City of Orono by reason of the failure of one or the other of Hauser, Lauer and/or WCC to comply with the terms and provisions of this resolution be recovered from any one or more of said parties who have complied with the terms of this resolution as it may affect the real property owned and controlled by such party or parties . 4 . Upon the receipt of executed deeds from the appropriate property owners, the City shall immediately file the deeds and • begin preparation for construction of the road. The road shall be completed within a reasonable period of time following the receipt and filing of the deeds from the appropriate parties . 5 . When constructed, the center line of the road shall be the northerly line of- Outlots B and C, HAUSER LAUER WCC AUDITION as platted. � 6 . The width of the road shall be determined by the City of Orono, pursuant to then existing reasonable standards applicable to reasonably similar properties in the City of Orono benefitted by similar roads . Should the City Administrator acting under such then existing reasonable standards determine that the full 25 foot wiath of Outlots B and C, HAUSER LAUER WCC ADDITION is not required ' • -4- ' �' RESOLUTION #2732 • for the road or maintenance or repair thereof after initial construction thereof, the Mayor and City Clerk shall execute one or more quit claim deeds in favor of each of , Developer, Hauser and Country Club (and/or their successors and assigns) covering those portions of the road formerly conveyed by each, on behalf of the City of Orono, for portions of Outlots B and C not needed for the road or maintenance or repair thereof . In said quit claim deeds the City may reserve to itself public utility easements encumbering such reconveyed property. In making such conveyances back to each of the affected parties, the City of Orono, by resolution duly adopted by its City Council, shall specifically waive application of the City of Orono subdivision ordinances in such a manner to permit such reconveyances to be filed of record without the need • for platting or complying with City of Orono subdivision requirements . 7. The granting of fee title to Outlots B and C in favor of the City shall be subject to a reservation of easement in favor of Developer, Hauser and Country Club for ingress and egress over the premises conveyed until construction of the road is completed. 8 . After the road has been completed, Developer, Hauser and Country Club and their successors and assigns, to the extent that each owns fee title to land abutting Ou�lots B and/or C, or any part thereof retained and used by the City of Orono for road and utility purposes, shall have and retain the right of ingress to and egress from their own property over portions of Outlots B and/or C • -5- ' � � RESOLUTION #2732 • owned by the City of Orono for access to and use of the public road constructed by the City of Orono over and across said Outlots B and/or C or any part thereof . . 9 . The City of Orono hereby confirms that the conditional use permit granted �to the Wayzata Country Club pursuant to Resolution No . 2257, approved by the Orono City Council on September 14 , 1987, and filed with the Hennepin County Recorder on October 29 , 1987, as Document No. 5341207 and the conditional use permit granted to the Wayzata Country Club by Resolution No. 2366, approved on February 8, 1988, and filed with the Hennepin County Recorder on July 8, 1988, as Document No . 5429157 was not intended, nor should it affect, the property to be platted as Lots 1, 2 and 3, Block 1, and Outlot C, HAUSER LAUER WCC ADDITION, and the Country Club, Hauser • and the Developer hereby agree by consent to said limitation. 10 . The City hereby confirms that upon recording of the plat of HAUSER LAUER WCC ADDITION and its accompanying resolution and easements, the subdivision requirements as outlined by the City in Resolution No. 2685, a copy of which is attached hereto as Exhibit A, approving the final plat of the HAUSER LAUER WCC ADDITION have been complied with. 11 . Developer, Hauser and Country Club agree to the terms of this Resolution and the filing ot this Resolution with the Hennepin County Recorder and/or Registrar of Titles as a part and parcel of the filing package for the final plat of HAUSER LAUER WCC ADDITION. Developer, Hauser, Country Club and the City covenant s -6- + ' RESOLUTION #2732 � and agree that the terms of this resolution shall be bindinq upon themselves, their heirs, successors and assigns . Approved By The City CouncilNovember 13� 1989 � ` ,• r'` �--- Actin Mayor � / i ATT T: `„_ , . � � � Ci g Cle STATE OF MINNESOTA ) ) ss . � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 27th day of November , 1989 , by Edwa. and DorotY� M. Hallin , th�P f� and City Clerk, respectively, of the CITY OF ORONO, a Minnesota municipal corporation, and said instrument was executed on behalf of the City. �,�y�`p� LAURif K. SCHEFFLER ` ' �� 3� NOTARY PUBLiC-MINNESOT�► �'�� HENNEPIN COUNTY N t a ry Pub 1 i c ";�'r�';�.� My commission expires6•8-93 � —7— r �� ' RESOLUTION #2732 � WAYZATA COUNTRY CLUB _ By. '- Leopold . Hauser�7� ' � s .o� Dated: t�g-T�a � , d��u.c.r.t/1. � Helen B. Ha ser R nald D. L uer Dated: l� ��.f��y Dated: � STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The ore oing instrument was acknowledged before me this�� day of 1989 , by Ronald D. Lauer, a single person. ��`� LAURIf K. SCHEFFLER �'k=•. ?(� NOTARt PUBUC—MINNESOTA � .�: ,�3-'+,.�✓ �. :K HENNEPIN COUNTY No t a r PU1�11 C '�;c;;;:"`;,'�s`�� My commission expires8-8-93 y STATE OF ) ss . . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �� day of ✓ ti�; 1989 , by Leopold A. Hauser, III and Helen B. Hauser, husband and wife. � . ��--- � � Notary Public � � STATE OF MINNESOTA ) THERE3A L NAAB � S S . ' NOTAHY PUBLIC-MINNESOTA • COUNTY OF HENNEPIN ) HENNEPIN COUNTY �Ay Commission expiras 9-8-92 . Th fore oing instrument was kn wledged before me this� day o,f , 1989, by S �NN . /3�1._5 � • the of WAYZATA COUNTRY CLUB, a Minnesota : non-profit corporation, on behalf of said corporation. ��`�� LAURIE K. SCHEFfLER ��,� � :,T?,�?� NOTAkY PUBUC—MINNESOTA r]� a r Pu b 1 i c �• `�`'�' HENNEPIPL COUNTY y t!•?;r: �'i;:,;��. My commiagion expiros 6•8-93 � , —8— •