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HomeMy WebLinkAboutResolution 6698CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO._ 660 A RESOLUTION APPROVING THE PLAT OF SHADYWOOD VILLAS - FILE #16-3868 WHEREAS, the City of Orono (hereinafter the "City") 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 (hereinafter "City Council") has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on September 12, 2016 the City Council adopted Resolution No. 6668 granting preliminary plat approval for a 7 -lot single family residential subdivision of the properties located at 2525, 2535, and 2545 Shadywood Road (hereinafter the "Property") in the City of Orono and legally described in Exhibit A (attached); and WHEREAS, on September 16, 2016 Charles Cudd LLC, a Minnesota limited liability company (hereinafter the "Developer") made formal application for final plat approval for the Property; and WHEREAS, the Developer has agreed to comply with all conditions of Resolution No. 6668 and has completed or has agreed to complete all other requirements of the platting regulations of the City including: Completion of all platting requirements and conditions of Preliminary Plat Resolution No. 6668. 2. Dedication on the plat of perimeter Drainage and Utility Easements as required in Resolution No. 6668. 3. Designation and dedication on the plat of wetlands subject to City and other agency jurisdiction, and execution of a declaration of covenants for the permanent flowage and preservation of wetlands, and establishment of wetland buffers and buffer maintenance provisions. 4. Execution of easement for trail purposes to be granted to the City for future trail purposes over the northerly 10 feet of the project, Exhibit D. 5. Execution of a wetland conservation and flowage easement to be granted to the city, Exhibit E. Page 1 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 CG 6. Execution of covenants and restrictions regarding development standards for construction and maintenance of homes and accessory structures and the maintenance of common areas, including but not limited to pervious driveways, impervious sidewalks, landscaping, grounds, fencing and signage. 7. Execution of covenants and easements for stormwater management facilities including establishment of stormwater system maintenance obligations. 8. Submittal of Minnehaha Creek Watershed District (MCWD) permits approving the grading, stormwater management facilities, Storm Water Pollution Prevention Plan (SWPPP) and erosion control plan. 9. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. 10. Execution of a Development Agreement including provision of financial security including a Letter of Credit and escrow to ensure that all site improvements are installed and maintained to the City's specifications and satisfaction, and to establish conditions for future development of the site. 11. Payment of development fees as established in Resolution No. 6668 as follows: a. Park Dedication Fee: $13,000.00 b. Stormwater and Drainage Trunk Fee: $17,574.60 C. Sanitary Sewer Connection Charge: $17,850.00 WHEREAS, City staff and consultants have reviewed the plans for this subdivision and hereby specify approval of each plan and identify them as part of the official record for SHADYWOOD VILLAS, Plans B -I included as Exhibit C: Plan A — Plat of Shadywood Villas Plan B — Grading and Stormwater Prevention (last dated 10-17-16) Plan C — Grading, Drainage, and Erosion Control (last dated 10-17-16) Plan D — Final Landscaping Plan (last dated 8-4-16) Plan E -- Tree Preservation Plan (last dated 9-8-16) Plan F — Detail Sheet 5 (last dated 10-17-16) Plan G — Detail Sheet 6 (last dated 10-17-16) Plan H — Street and Utility Plan and Profile (last dated 10-17-16) Plan I — Monument Design Page 2of8 ��°moo CITY OF ORONO ?- RESOLUTION OF THE CITY COUNCIL c,� NO. rcrs r� 01(1 All of the above noted plans are subject to any additional requirements of the Minnehaha Creek Watershed District and subject to any additional requirements and conditions specified by the City Engineer. NOW, THEREFORE, BE IT RESOLVED that based on the findings of Resolution No. 6668, the City Council of the City of Orono does hereby approve the plat of SHADYWOOD VILLAS, Hennepin County, Minnesota (a copy of which is attached as Exhibit B) subject to the following conditions: 1. Development within SHADYWOOD VILLAS is subject to the Conclusions, Orders and Conditions enumerated within Preliminary Plat Resolution No 6668, and subject to the provisions of the Development Agreement for SHADYWOOD VILLAS dated 2016. 2. The City Council hereby approves the proposed public road name Shadywood Circle as requested by the Developer. 3. The approvals granted in this Resolution shall become effective only when all conditions of approval requiring actions by the Developer have been satisfied. 4. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney, Community Development Director and City Engineer that all requirements of the platting regulations have been satisfied. 5. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before May 14, 2017 together with a certified original copy of this resolution and executed copies if the easements and covenants pertinent thereto. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or 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. Adopted by the City Council of Orono this 28`" day of November, 2016. ATTEST: Diane Tiegs, City Cler Lili Tod McMillan, Mayor Page 3 of 9 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. u Exhibit A Lots 1, 2, and 3, Block 1, Leach Addition, Hennepin County, Minnesota. Page 4 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6C�°�; Exhibit B Plat of Shadywood Villas. Page 5 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL I�i'O. 6 9 Exhibit C Plans of Shadywood Villas Page 6 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 , u Exhibit D Public Trail Easement Page 7of8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 66 NO. a� Exhibit E Wetland Conservation and Flowage Easement Page 8 of 8 9 Resolution SL Ga Exhibit B e' �F�ly.. 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INC.IN LV ua Mgl'H IhLLPW ew[ lAwe ulc� W 6USA M•rtv It11R 9liHiYM1.5 Resolution Exhibit D (resemdfor recording tnformation) GRANT OF PERMANENT EASEMENT FOR PUBLIC TRAM PURPOSES . _, a Minnesota , hereinafter referred to as `Vkaator", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and suffciency of which is hereby acknowledged, does hereby grant unto the CITY OF ORONO, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public trail purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached Exhibit `B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trail system over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, excavate and pave the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public trail systems. The above named Grantor, its successors and assigns, does covenant with the City, its successors and assigns, that it is well seized in fee title ofthe above described easement premises; that it has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. 188401v1 IN TESTIMONY WHEREOF, the Cxrantor hereto has signed this easement this day of . , 2016. GRANTOR: By ii 7S And Its STATE OF MINNESOTA ) (ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016, by and ,. , respectively the and of a Minnesota, on behalf of the , the ,. Grantor. Notary Public DRAFTED BY: CAMPBELL KNuTs x Professional Assoclation Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 188401v1 2 EXMIT "A" to TRAIL EASEMENT A permanent easement for public trail proposes over, under, on and across the northeasterly 10.00 feet of Lot 1, Block 1, Shadywood Villas, said 10.00 fleet adjoining Shadywood Road. 188401vl EXHIBIT "B" to TRAIL EASEMENT 188401v1 HOLDER CONSENT to TRAIL EASEMENT _. a national banking association, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement for Public Trail Purposes, which first mortgage was dated and recorded as Document No. with the office of the County Recorder/Registrar for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the above referenced Grant of Permanent Easement. STATE OF ) } SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 217 by , the of , a , on its behalf. Notary Public DRAFTED BY: CA MELL KmnsoN Pmfessibnal Aasocialion Grand Oak Office Center I 860 Blue Gentian Road, Scute 290 Eagan, NW- 55121 Telephone: (651) 452-5000 SMM 1884010 :; Resolution 46 6"` `° Exhibit E (reservedfor or recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS AGREEMENT (the "Agreement") made this ,a OF ORONO, a Minnesota municipal corporation ("City"). WITNESSETH: day of ! 2016, by ("Grantor'), in favor of the CITY The Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby creates and grants unto the City a permanent easement for wetland flowage and conservation purposes over, under, on and across the following land within the City of Orono, County of Hennepin, State of Minnesota which is legally described on Exhibit "A" attached hereto (he "Easement Premises!). The Grantor, its successors and assigns, hereby covenants and agrees as follows: 1, Prohibited and Permitted Uses. That the following are prohibited in perpetuity within the Easement Premises, except by consent of the City or otherwise noted: A. Constructing, installing, or maintaining anything, including buildings, structures, walkways, fences, retaining walls, fireplaces, clothes line poles, playground equipment, roads, hardcover of any kind, underground utility lines and distribution equipment, light poles, traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or boardwalks when allowed by City ordinance and under a valid City permit; and 3) retaining walls when allowed by City ordinance and under a valid City permit, Creation and maintenance of non -hardcover walking paths may be allowed. 188402v1 B. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying or removing trees greater than four inches in diameter, except for tree disease control by or as directed by a governmental agency and except by special permit for maintenance; as a part of an approved vegetation management plan; and, to maintain, repair and reconstruct any stormwater ponds and facilities within the Easement Premises. Grantor may remove brush, diseased or dead trees of any size, buckthorn and noxious weeds. C. Excavation or filling or material alteration of grade, including changes to the size, depth or contour of the wetland; dredging, mining or removal of earth, loam, peat, gravel, soil or any other natural material. D. Free roaming of domestic animals (i.e. horses, sheep, chickens, etc.) E. The deposit of waste, yard waste, or debris. F. Activity detrimental to the screening of the neighboring properties. G. Application of fertilizers, whether natural or chemical. H. Application of chemicals for the destruction or retardation of vegetation. I. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. J. Outside storage of any kind. K. Activity detrimental to the preservation of the scenic beauty, vegetation., and wildlife. 2. Rights of the City. Grantor, its successors and assigns, further grants to the City the affirmative right, but not the obligation, to do the following on the Easement Premises: A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by altering, clearing, and removing trees or other vegetation, by changing the contour of the land, and by planting trees or other vegetation. B. Enter upon the Easement Premises at any time to enforce compliance with the terms of this Agreement. 3. reservation of Rights of Grantor. Urantor reserves for itself and for its successors and assigns and its invitees, the right to enter upon the Easement Premises and to do and perform on the Easement Premises such acts as are not inconsistent with the easement rights granted to the City herein. Such uses shall be deemed to include, but not be limited to planting of trees, flowers, and other vegetation consistent with a conservation easement; walling along trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. 2 t8$4Q2vl 4. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Easement Premises. S. Release. Grantor hereby remises, releases, acquits and forever discharges, forever, the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Premises within the terms of this Agreement. 6. No Public Interest. Nothing contained herein or the dedication in the Plat shall be construed as creating any use rights in the general public or as dedicating for public use any portion of the Easement Premises, except as expressly described in this Agreement. 7. Amendment. This Agreement may be amended, modified, or terminated in part or in whole by written consent of the City, or its respective successors and assigns. IN WI'T'NESS WHEREOF, the Grantor hereto has executed this easement effective as of the day and year set forth above. (Signature cominod on following page.] 3 1854021 GRANTOR: r� Its STATE OF MDiNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20___, by and a Minnesota DRAFTED BY: CAMBU.L XNUTSON Profess"d AssockrNon Grand Oak Office Center I 860 Blue Gentian Road, Suite 240 Eagan, MN 55121 Telephone: (651) 452-5000 SMM 6 ('-: and , respectively the of , on behalf of the , the Grantor. Notary Public 4 1884020 EXHIBIT "A" TO GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLANDS A permanent easement for wetland, flowage and conservation purposes over, under and across Outlot A, Shadywood Was. 5 tssaoavt