The URL can be used to link to this page

Home My WebLink About#3739-final plat approval-1996 � o� 0 0 a6- - CITY of ORONO � - ti �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � 7 c� � A RESOLUTION APPROVING THE PLAT OF BEAU MARAIS 2ND ADDITION FILE NO. 2029 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 has adopted -subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a Class II subdivision of a plat by Williarn F. Smith (hereinafter "the subdivider"); and WHEREAS, the subdivision has been found to meet all staiidards of the RR-1 B, Single Family Rural Residential Zoning District finding that I,ots 1 and 2 are of a size and configuration that would allow either its new or continued use as a single family residence to be fully developed without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the p?atting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 3577. 2. Dedication on the plat of drainage and utility easements. 3. The subdivider has created non-exclusive ingress, e�ress, easements over a private easemerit driveway in favor of all abutting and/or benefitting lots includiiig a declaration of certain maintenance covenants kno«�n as First Arriendment to Easement Agreement wherein each of the abutting and/or benefitting lot o��ners covenants and agrees to permanently maintain and pay the cost of maintenance for said private driveway. Page 1 of 3 � O� O O 9b� - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �`�k�sxo�'�. No. � 7 3 9 4. The subdivider has completed the installation of certain driveway improvements as a condition of subdivision approval. The City Engineer, Shawn D. Gustafson, in his report of June 3, 1996 has confirmed the driveway meets the requirements of the City and has been Found the improvement to be acceptable from an engineering standpoint. Applicant has completed Urush clearing adjacent to access at Fox Street as also recommended by the City Engineer in that same report. 5. Payment to the City of a park dedication fee in the amount of$6,400.00. 6. Payment to the City of a final plat application fee in the amount of$175.00. 7. Payment to the City for the legal review and filing of the plat, easements and covenants in the amount of$200.00. NO`�', THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Beau Marais 2nd Addition, Hennepin County, Minnesota, subject to the following conditions: 1. Prior to the City issuing a building permit for a new residence for, Lot 1, Block 1, Beau Marais 2nd Addition, subdivider shall have installed appropriate identification/address signage identifying location of three residences served by driveway at intersection of private drive and Fox Street. Residences shall continue to be addressed at Fox Street. 2. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Of�ice on or before January 8, 1997 together with a certified original copy of this resolution and executed copies of easements and covenants as noted above. Page 2 of 3 � o� 0 0 �,b - CITY of ORONO � � �� G�' RESOLUTION OF THE CITY COUNCIL t�kESH�g'� NO. � �i a� � The approval granted by this resolution shall expire if 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. Dated this 8th day of July, 1996. ATTEST: � � ,�,�.-; .� �� -_ Linda S. Vee, Deputy Clerk Edward J. Calla �n, r., Mayor � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of July, 1996 by Edward J. Callahan, Jr. and Linda S. Vee, Mayor and Deputy Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��'/Y�-Cv� L/. .C'/�1GC2Z�1 sc� Notary Public CAROLE A HASEMAN NOTARY PUBLIC-MINNESOTA �; e�,.' HENNEPIN COUNTY My C�mmission Ex�ires Jan.31,2�00 ��<_<_..��f Page 3 of 3 FIRST AMENDMENT TO EASEMENT AGREEMENT THIS AMENDMENT is made effective this l¢� day of June, 1996, by and between William F. Smith and Jennifer E. Vervoort-Smith, husband and wife, whose address is 2580 Fox Street, Orono, Minnesota (collectively, "Smith"), and Steven L. Casotti and Elizabeth J. Casotti, husband and wife, whose address is 2550 Fox Street, Orono, Minnesota(collectively, "Casotti"). WHEREAS, Smith is the fee owner of certain real property located in Hennepin County, Minnesota, legally described as Lot 1, Block l, Beau Marais ("Smith Parcel"). Casotti is the fee owner of certain real property located in Hennepin County, Minnesota, legally described as Lot 2, Block 1, Beau Marais ("Casotti Parcel"), and located adjacent to the Smith Parcel; and WHEREAS, the Smith Parcel and the Casotti Parcel are subject to an Easement Agreement dated June 24, 1987, and filed for record 7une 29, 1987, as Document No. 5290219 (the "Easement Agreement"), providing for driveway access to both Parcels; and WHEREAS, Smith has submitted an application to the City Council of the City of Orono for approval of a plat of the Smith Parcel into two separate residential lots, one of which will be identified as Lot 1 of the new plat ("North Smith Parcel"), and the other of which will be identified as Lot 2 of the new plat ("South Smith Parcel"). The owners of the North Smith Parcel, the South Smith Parcel, and the Casotti Parcel shall be collectively known as "Lot Owners"; and WHEREAS, Smith and Casotti desire to amend the Easement Agreement to provide for the allocation of maintenance payments and other expenses upon the platting of the Smith Parcel; NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowlerlgetl, the parties agree as follows: 1. Smith shall be solely responsible for all costs, expenses, and fees payable as a result of the platting of the Smith Parcel and any driveway upgrading, curb work, or signage required by the City of Orono in connection therewith. 2. Each Lot Owner shall have one vote, and all decisions regarding the driveway shall be made by a majority vote of the Lot Owners. If, however, one person, family, or entity shall own more than one lot or if any two lots are owned by persons related to one another, persons engaged in business with one another, or if there is any other arrangement which would give or appear to give one lot owner control over the decisions of another lot owner, then such Lot Owners shall collectively have only one vote, irrespective of the number of lots owned by them. C�� - 3. Upon the sale by Smith of the South Smith Parcel, the allocation of maintenance costs and expenses shall be as follows: New proposed Lot 1 (North Smith Parcel): 55% Existing Lot 2, Block 1, Beau Marais (Casotti Parcel): 30% New proposed I.ot 2 (South Smith Parcel): 15% 4. If any one Lot Owner's share of the expenses for a maintenance project exceeds $500, that Lot Owner may require that the Lot Owners obtain competitive bids from not less than three unrelated contractors prior to commencement of work on the maintenance project. Upon receipt of all competitive bids, the contract for the maintenance project shall be given to the contractor with the lowest bid, unless otherwise decided by unanimous vote of all Lot Owners. S. Each Lot Owner ("Indemnitor") shall indemnify and hold the other Lot Owners ("Indemnitees") harmless from and against any and all claims, actions, liability,.damages and expenses, including attorneys' fees and costs, in connection with the loss of life, bodily injury, and/or damage occurring on the driveway on an Indemnitee's parcel occasioned by Indemnitor, his agents, licensees or invitees, unless caused by the actions or omissions of the Indemnitees. 6. All other terms and conditions of the Easement Agreement shall remain the same and are hereby ratified. IN WITNES,S�;WHEREOF, this Amendment is sign as of the day and year first written above. ,,..., :o ��- : ---- . (i/, . _:,s. . � ;�� Williain F. Smith � / \ / . . �- _ :.�.�-� -=� _ Jenni E. Ve rt-Smith � ��_ . so ' liza " th 7. Caso ' — 2 — � �� STATE OF T�IINNESOTA ) ) ss. COUNTY OF ,(�� .L. ) The foregoing instrument was acknowledged before me this ��day of ��iLe- , 1996, by William F. Smith and 7ennifer E. Vervoort-Smith, husband and wife. � x KARON L SMiTN �q'f�R7 pUBLlG1dINNESOU � HENtJEPIN courmr __�i�s,r�Gt �- ��c�lC Ily Commla�lon E�ins dan.3�,2cco Notary Public r n STATE OF T7INNESOTA ) � ) ss. COUNTY OF ) / The foregoing instrument was acknowledged before me this d�� day of , 1996,�y.Steven L. Casotti and Elizabeth J. Casotti, husband and wife. ...•.• PATRICIA A. MACK � �A�� No-aRr Pueuc-M�Nr;Eso;A A'f - - ��t- � HENNEPIN COUNTY Notary Public �art� Aly Com�^,ssar Era'!s�a� ??.2C:A M This instrument drafted by: Doherty, Rumble & Butler (LTH) 2800 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101-4999 LT'H 243752 amd — 3 — ��n,� � -�n �