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HomeMy WebLinkAboutprivate road info/real estate info � o� o : o � -��{°�� T� CITY of ORONO .1y.::x:. � a �f:'�;'j���, ��, .'� ,�,� `���';�I., _�� E� Municipal Offices \\ �',•F'�;���`�a�' G~ Street Address: Mailin� Address: � i.,.�: ¢'�Y ' �ES80 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323•0066 August 28, 1996 Howazd Casmey Hollander Road Property Owners Representative 280 Hollander Road Wayzata, MN 55391 /John Hollander ,J 200 Hollander Road Wayzata, MN 55391 Re: Private Road Status of Hollander Road Dear Sirs: The intent of this letter is to provide you with the City's position regarding the private status of Hollander Road. The plat of Holly Acres was approved in 1979 via City Council Resolution No. 1055 (Attachment 1). Included in the plat drawings of Holly Acres aze two sepazate and distinct road systems: 1. The dedication of right-of-way for County Road 6 (the only "Road" labeled as such on the plat drawings) referenced in the plat dedication language as "donate(d) and dedicate(d)to the public for public use forever...". . 2. The creation of Outlots A, D and E which constitute a private road to be known as Hollander Road,per the findings and conditions of Resolution No. 1055. The subdivider, Mrs. Hollander, dedicated to the City a�oad and Utilities Easement(Attachment 2) granting to the City a permanent easement for ingress, egress, access,road and utility purposes over Outlots A, D and E. Further, the subdivider executed a document entitled Declaration of Private Road Easement and Declaration for Maintenance of Same (Attachment 3), creating non-exclusive driveway, ingress, egress and utility easements over the Outlots in favor of the abutting and/or benefitting lots (Lots 1-4, Bl"ock 1; Lots 1-4,Block 2; and Outlots B and C)�creating certain maintenance covenants �.. Tetephone (612) 473-7357 � FAX 473-0510 , ' ,, • , August 28, 1996 Page 2 via said document wherein each of the benefitting lot owners covenants and agrees to permanently maintain and pay the costs of maintenance for the private road. Attachment 3 should appeaz as an easement of record in the chain of title of each of the benefitted Lots, including those later created when Outlots B and C were subdivided. It would have been prudent for the subdivider to create on behalf of the benefitted parcels a homeowners association at the time the subdivision was created. One benefit of such an association would be that ownership of the road could have been transferred to the association, allowing the developer to relinquish all control of the road to the association. However,this apparently was not done. It still can be, and perhaps should be. Absent a homeowners association, title to the road could be transferred to one of the benefitted property owners, however this might be less attractive from a liability standpoint. Absent any transfers of title currently unknown to the City,it is the City's position and understanding that title to the private road outlots is still held by the Estate of Hildur Hollander. The fact that the County tax records show"City of Orono" as taxpayer for the road outlots, is in our opinion an error due to the County tax department's incorrect interpretation of the underlying easements. In 1982-83 Mrs. Hollander attempted to have the City take over ownership and maintenance of Hollander Road. That request was not approved by the City. It has been City policy since 1980 or earlier that rural subdivisions be served by privately owned and maintained roads. Enclosed aze excerpts from the Orono Communitv Management Plan (CMP) addressing rural transportation policies (Attachment 4). Most rural subdivisions approved in Orono since the mid-1970's rely on private roads platted as outlots. The only significant difference beriveen your private road situation and the majority of others in the City, is that Hollander Road is a "through" road, rather than a cul-de-sac. However, Rural Transportation Policy No.4 on page 7-12 of the CMP suggests that private "through"roads will only be taken over by the City when a)the "through" configuration provides a general public benefit,and b) where the number of residences justifies public maintenance expense. It appeazs that the only benefit of the"through" configuration is to the 17 residences abutting Hollander Road, but not to the public in general, since it provides no connecting link between other roadways. The City has not established a threshold level as to the number of units served that would trigger conversion to public road status. There are at least two other 17-lot subdivisions in Orono served by private roads, one of which is also a "through" configuration(Fox Bend), hence your situation is not unique. Finally,I would draw your attention to City Ordinance#77, Second Series adopted January 8, 1990 (Attachment 5)which requires that "private roads must be opened to all people who own homes on that road and their invitees and to all people who could reasonably be expected to use that road to get to their private residences and their invitees." Additional regulations regarding private roads will �- , , August 28, 1996 Page 3 be found in Chapter 6 of the Orono Municipal Code. It may interest you to know that the road outlots have been given a "K" tax classification and are therefore subject to no property taxes. This classification would remain in effect whether title is transferred to a homeowners association or to an individual. I would be pleased to discuss any of the above comments with you, in the hope that you will formalize a homeowners association for the purpose of owning and maintaining Hollander Road. Sincerely, � Michael P. Gaffron . Asst. Planning & Zoning Administrator encL cc: All property owners abutting Hollander Road Estate of Hildur P. Hollander, c/o Sidney Kaplan,Atty. at Law, 100 S. Sth St., Suite 1100 Thomas Radio, City Attorney Minneapolis,MN 55402 ..,. �'j i�'AC{{Uk�:r`F� �} • � RESOLUTION N0, 1055 A RESOLUTION APPROVING THE PLAT OF HOLLY A CRES [�^riEREAS, the City of Orono is a municipal corporation organized and existing under the Iaws 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 subdivision plat by Hildur P. Hollander, the subdivider; and WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including:� � 1. Dedication on the plat of rights of way far public streets and roads, shown as County Road 6. 2. Creation of a new private road shown on the plat as Outlots A, D, and E, to be known henceforth as HOLLANDER ROAD. Concurrent with the creation of this private road, the subdivider has dedicated to the City a Road and Utilities Easement ( Exhibit A) granting to the City permanent acces improvement and utility easements over said Outlots, the subdivider has created non-exclusive ingress, egress , drainage and utility easements (Exhibit B) over said Outlots in favor of aIl abutting and/or benefiting lots ; and the subdivider has created certain maintenance covenants (Exhibit B) wherein each of the abutting and/or benefiting lot owners covenants and agrees to permanently maintain and pay the cost of maintenance for said private road, a 3. Dedication to the City of a Flowage and Conservation Easement (Exhibit C) providing for limitations on the use of wetlands. and/or drainageways described therein. � 4. Execution of a Subdivider' s Agreement providing for installation of private road improvements as a condition of subdivision approval. � , � t � Resolution No. 1�55 • Page 2 Site Grading, street grading including installation of the limestone base per approved plans, and drainage improvements shall be completed prior to issuance of any building permits . Final street paving and improvements are to be completed no later than August 1, 1°80 according to the Agreement. 5. Payment to the City of a Park Dedication Fee in the , amount of $2,000. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Holly Acres, Hennepin County, Minnesota; subject to the following conditions : l. The aforesaid plat sha11 be filed with the Hennepin County Recorder' s Office on or before December 26, I979 together with a certified original copy of this Resolution and executed copies of Exhibits A, B, and C as noted above. 2. This property is the subject of a two phase review process . Lots 1-4, Block 1 and Lots 1-4, Block 2 are approved as � residential lots by this Resolution. Approval of building sites on Outlots B & C shall be subject to second phase subdivision application and review according to the ordinances in effect at the time application is made - therefore. Permits for principal or accessory buildings will not be issued for Outlots B & C until such � resubdivision is approved. 3. All lots in this subdivision, including Outlots B & C, sha11 have sole road access via the new private road on Outlots A, D, and/or E. No direct access shall be permitted onto County Road 6. The existing accesses from County Road 6 to structures on Outlot B shall be removed anc� replaced bp access onto Outlot A as soon as the new private road is constructed. .a- Resolution No. 1055 Page 3 The approval granted by this Resolution shall expire ia the plat has not been filed by the date specified above. In tha� event, it will be necessary to zile a new application with the Czty of Orono for subdivision review. Dated this 10 day of July , 1979 . William B. Van Nest, Mayor ATTEST: . �J E �Talter R, s ' , �Clerk/Administrator � .,.► . , � , STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City � Clerk/A dministrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City' Council of the City of Orono on July lp , 19�g, approving the plat of Holly Acres - on file in the office of the City Clerk/Administrator, City of Orono. ..�/ . -� - - � Walter R, enson, Clerk/Administrator �. ' Dated this 10 day of Jul�� , 1979- - � � (Seal) t � � . . ; w.., , __...�, ..._..-• -..�_�....._. _�..�_...:.,�._.� • �� . ,... . i. �.., ,,,�j--"-- -::.�.... ., �� - � • • • :'';T.= � '�;� � �tOl.D I�Nt1 UTILITIES EASEMENT �X �� �1e� ICit.i'• � '�'' • THI6 IIiDEHTURE� moCe thi.s ��day of 11J�E , 19i�# •*� by and betwcen �'. •.r �iereinafter referred to as "Grantor s , and t e C ty o Orono, �'' a municipaZ corporation, undez the laws of the State of Minnesota, ;�_ hereinafter referred to as "Grantee". .ri;> WITNESSETH, that Grantor(s) , in consideration of the sum �'��" of One Dollar ($1. 00) and for other good and valuable considera- `�' tion given by Grantee, tbe receipt of which is acknowled9ed �=;�; by Grantor (s) , d�(es) hereby grant, bargain, sell and convey � to Grantee, its successors and assigns, an easement for public ��:���� ingzess, egress, access, road and utilities purposes anc3 uses, ::�� on, across and under the land in the County of Hennepin and :;�'� State of Minnesota as follows: _ =� '�� .tiY�. AS DESCRIBED IN PLATT OF HOLLY ACRES AS OUTLOT A, D, ANO �;;'� OUTLOT E. } '��`� �`- ;� .��-' . . -�,. . ._fi. : ; . t � . �� • ; . ; '{� � r . � .} ,l , • ;�" , including, but not by way of limitation, a full and tree rigAt �'''"= aad authority to enter upon said land to construct, install, ' maintain, operate a� repair a sanitary �er�ror lit�t stat3oA, h sanitary sewer interceptor, sanitary sewer main or lfn�. gravel ' oz paved road and any and ail appurtenances ineideatai aad �'`' related thereto, (such are bereatter collectively zefarred Lo � " as tbe Improvement) , and tha Grantee shall hava t?ie rigbt to ;j,;, make such use o! said land as is reasonably necessuy and _,.�;y • advisable to tba conatructfon, instaliation, maintenanc�, • ,_A operation and repair ot the Improvcment. " r' In aadition to any other rem�dy the GrantN may have• ;-��n� the covenants nnd roatrictions aontainsd her�in taay b� ��:�� enforced by injunction. . ,.� i , `�ri�;, 'b�u-��"°.'�. ��;r. .r�'• �•. � , -. , . . . . •�v^'.II?xr.--a�i:.-t�..srti,..-....._ , ._..,_�...�.........w+w........ _....�..._«.r� '{� . !� �' • , � � �::� �i . y. ' � TO tIAVE AND TO NOLD said casement unto seid Czantee, , " . its successors and assigns, permanently. �;' �. . �q� F.., The Grantor(s) hexein certify that the' lands herein n-_�_ described are free and clear of all encumbrances excepts " • � `'�.�: . ;; �. 4•' A•1',' IN WITNESS W�iEREOF, said Grantor(s) have set __ ` �= ; hand(s) on the day and year f izst above written. ;;; � �' ` � _/� t 5 • . • �/l`L ' _ _` K ��. . �. �,.v . �,� . �^' . • . ' ��j'`K> �•f`. STATE OF MINNESOTA ) �3�`'=:''� � • r y' 5 S• ��':' COUNTY OF HENNEPIN ) -�:-• �_ ..��:_�. On this /�/J1� da of t� � , 197�, before me �:s. personally appeared � ' , to me nown to be t e person s escr d . ��� i.n an w io s�gne�c �the foregoing instrument, anc! acknowledged ��;`, th�t they executed same as their free act and cleed. ,,i: t:; • � :��;i: �.� ' . Not ry Pu c � �;�: STATE DEED TAX DIIE HEREONs Exe�npt ' �: _�; . . ' • �� � • This Instrument was Drafted By= . " . , • �=: POPF�IM, HAIR, SCF�JOBRICH� RAUFAiAN • . .,�� i DOZ'Y, I,td. • _ ;'' 43�4 IDS Center ' � .��.� Miru�eapolis, Minnesota 55402 � ":; • 335-9331 . . ��� ;.: t ;. ^1. � l: � . . .l . �:• �5.: � •.4 .y • 4 • -:l . � � A}: �C Z .d[' ittih' '�„�4'.l� �R� r .. �� FxHIBIT B ' . � , Resolution No. lOSS I ���. ..�, ' � .?;: � //�--iT�e�w��� C_ � - DECLARATION OF PRIVATE ROAD EASF]�lENT � f AND �' DECLARATION FOR MAINTENANCE OF SAME ,:�. HOLLANDER ROAD ~ :;: (priva te road name) ,��• =� HOLLY ACRES :�. (subdivision name) ';�. 4 :K,• KNOW ALL MEN BY THESE PRESENTS: 't= � �•'r• W1iEREAS, Hildur P. Hollander, Single u v ,�f;� is the fee owner of that certain parcel of real esta te located in the -�� •t_ City of Orono, County of Hennepin, State of Minnesota, legally described ' "�� ,:�. T. as follows: Block 1 . Lots 1n4, Block 2, Lots 7.�4, Outlots B and C �:, in the plat of Holly Acres � ;.� �:: dnd i WHEREAS, Hildur P. Hollander now desires � "', . (subdivider) � .� � ,� to create a non-exclusive private road easement for driveway� ingress and egress, and utility purposes over and across -= :;� above described property � .�. for the mutual benefit of Lots , '' �;>: �; NOW, THEREFORE, in addition to the easements created by a ? ; Declaration of Covenants� C�nditions� Restrictiona and Eaaementa� � X; Hildur P. Hollander do�s by this Declaration for himself� (subdivider) . . '� �rt his heirs, successors end assigns� hereby creates e non-exclusive ' � easement for driveway� ingress And egreaa, �nd u[ility purpo8ee over ; =Si i and across OutlotB A, D and E 3 :� T• T• i for the mutual benefit of Lote Block 1. Lots 4. Bloek _2, Lote ],n4, % (�utlots B and C, �=s (hcreinafter the "benefited lots") Holl A�res � but not for •;; (subdiviaion �," � .... 1 ►-.. �.. }Jn�1.. /►�.rwA A c� w �t,. 1.�.....Cl� n e.»+ n►1� n ; fl ... .. . .. . . . , r��1 �y � the following described lots 1►. ,.;�e City of Orono� County of Hennepin: Lot 1 Hildur P. Hollander Block 1 � Lot 2 Hildur P, Hollander Block 1 Lot 3 Hildur P. Hollander Blo ck 1 Lot 4 Hildur P. Hollander Block 1 �C 1 Hildur P. Hollander Block 2 • Lot 2 Hildur P. Hollander Block 2 �t 3 Hildur P. Hollaader Block 2 �t 4 Hildur P. Hollander Block 2 all in �lly Acres (subdivision) �, THEREFORE, in consideration of the receipt of One Dollar ($1.00) aad the granting of the above private road easement for the benefited lots, the above awners of each lot so described, their heirs, assigns and successors (hereinafter referred to as owners or owqer) hereby cov�ant and agree as follows: � That the owners do hereby acknowledge the existence of said privabe road easement and the existence of the private road, and that the t5rj of Orono has no obligation to maintain or service said private rai, and that the City of Orono does not intend to acquis+e or open sai� private road as a public roadway. Z? That the owners will and do hereby asswne and agree to pay a pro�tionate share of the casts of m�intaining, repairing and and replaca�, if necessary� the private road over said easement describad herein toatleasr a standard of quality equal to the private road as it was appro�i by the City of Orono as part of the eubdivisioct of the adjoining �ed, and as may be required froa� time to time by tha ordinances ' of the Ci.t�af Orono in regard to private road�. 3 � ' �. owner's share of such cos�s ah�ll be due and payable on � . t. ;►.st �• adi co•:t:� C�r �•nnsrri�rri�n m:tittteta . . ..::•,z� . , _ ..c,�� , . ..�:..:.., l ..,... :.:..:i► :,u� ua�u �u �. . ....�r. .�i t,.iyw�;��. !. �� Any owner may bring an action� on behalf o` the non-defaulting Owners, to collect a defaulting Owner's share ot such costs which ;'� are not paid when due, and shall be entitled to recover such reasonable attorneys• � fees as the court may allow, together with all necessary costs and c'isbunements �. incurred in connection therewith. The plans, specifications and the awarding of contracts for t�e r� private road or for any alterations in the private road after construction thereof shall be approved in writing by the Owners of twenty-five (25) percent of the Lots. - The costs incurred for maintenance and repair of the private road shall be approved in writing by the Owners of twenty-five (25) percent of the Lots. �< � No Owner may exempt himself from the liability for assessments by waiver of the use or enjoymer.t of any of the private road or by the abandonment •� of hi s Lot. .;� ::�� i In the event that the Owners of each Lot described h�rein fail to �"' maintain, repair and replace the private road as provided .for herein, it is agreed �, ;}• _ by all parties that the City of Orono may undertake to �oaintain, repair and replace the private road as provided far herein, and that such acLions by the City of Orono �' will not result in the private road's becoming a public roadway, and that each of : '.; the Owners will pay to the City of Orono the proportionate cost i�curred by tQe ;, - City qf Orono within thirty (30) days of the receipt of such charges, or else �; such charge shall become a lien upon each Lot at the propo�tion as provided for �t: ,z ;. herein. Said proportionate share is to be dete nnined by dividing the total costs ;,; of maintenance, repair or replacement, including without limitatio�, the tost of .:` . cleaning, snow removal, surfacin9 and resurfacing. by the number ot Lots set forth above, adjoining the private road; and that each Owner shall Qecome 1i�ble for said proportionate share from and after the date of this 1lgreement. � �• 3) Each of the Qwners of a Lot described herei� here�y covenants xith each of the Owners of all of the other Lots described herai�. and each Oaatie� .'� of a 1ot described herein. �y acceptance ot a deed therefor, ahethe� or not it s?►all be so expressed in such conveyance, shall be and heretlY is deemed to eovenant with the then O�+ners of a11 ot th� other Lots doscribed her�in. that he/she/tAey sba11 ,� :� pay promptly when due his/her/their proportlonate shiro ot th� costs deuri�ed in � , � ' � �;��:�..a , � �����e ' r�;� t; .�. ..<:a the preceding paragraph. The costs described in the preceding paragraph shall be � . ��� a personal ohligation of the person o� persons who are the owner(s) ot such Lot '' at the time when such costs were incurred. and said obligatien sha11 not pass to �- �`: his/her/their successors in .title unless expressly assumed by them. •Y � 4) The private road shall be used strictly in accordance wit� the : Y• .3 easements granted therefor. Except as herein provided, no ryr+ner sha11 obstroct �'.' .;�.: ,;: ,, or interfere whatever with the rights and privileges of other Owners in the private �, road and nothing shall be planted, altered, constructed upon or removed by aa O++ner �;. from the private road. If an Owner shall violate this section, the remaining f : .� Owners shall have the right to restore the private road to its prior condition and � �a. assess the cost of such restoration aga�nst the Owner who violates this section + _:� ��. and such assessment shall become due and payable upon the demand of any of said � '°: "�; re�;�;�g Ormers. All �of the�remaining Owners, or any of them, shall have tbe right • � r' and po�+er to collect the cost of such restorations in a legal proceeding for that :� purpos... If an Owner interferes with the rights and privileges of a�ottter O�ner ,; in the use of the private road, except�s herein provided, the remaini�g 0+++�ers,•or -�'� _��,�� . .:' any of ihem, may ca�ence an action to en3oin such interfere�ce and the pre�iting , �`. • � ':�- party shall be entitled to recover such reasonable attorneys' fees as Lhe cart a�y " `F;= .: , ...,. allor+, togetyer with all necessary costs and disbursements incurred in connection ' ;� � � +�� therewith. T Any Owner m�y delegate his right of en3oyment to the private road � � � �;: to his tenants w}io reside on a Lot, to the members of his family and his guests � .., �;r and to his invitees. ' � � . 5) This covenant shall run with the land and shell be binding on r.� ;: and inure to the benefit of the parttes hereto. thelr heirs� representatives. L successors and asstg�s. 6) There m�y be no amendment to or release of the terms of this +�� a easement and declaration without tha prior wrltten consent of the City Couacil r;� ot the City of Orono. . •_ : ;:,_ � IN WITNESS WHEREO�� the partie� have hereunto executed this �`; � .,��e�n�.,n..� �..;. .+�.-n..��� ►�... .!. . ,,...f , .... !'�. . �.. _ .. . . . � � . . . - A _ , ; : ayw„ � w • • � '- s :� r; :?. -,i . e, r.+�1'- �i.+� 'i� . 3 ?' 1 _ ti�+2'` i t i+ . ,_ -.r 'x'' � . h� �„ �t f K t �r ; �- � "�^�� Xy�'Zti-�t`�-�'`.�'_ � v;� � R- tF san ��,.. ,p . y.. '�^+�ti..,-. �.. - " - �Y - t� �1 ��"4.>,T 'Tl: :-.�s . 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L� � u �*����. ,� ,V�����i�is. •� .ii��i :�:f,:- ♦ , "��'�� %7. ����,-k��','^�. .��,'":Y;;, �iF-'� T�Y�': :.� s•;s,_;.�-i,'. :� .Y;j� ;�y��:, 'fi: '+� • •_ ���� l"+.i. ,�-iC�� -r` yi:ti,� — _>Z� '_}�j � K� [ . �a_�:��,--�<<' n�j>.:3�.,,., �n,✓r..a:;, {=�:�' ;"-_ � ,_r�;��. ` +,.:.;a,_-%-_;„- =r S'-r.:>a- �':- E�`�'`3'_{,,-;�T� ,;'�,�_. : �. ��c_�'.��:�r�:�`�``" ,n::� ,:;�SF a ,+:, �i� t;� ��s'+'��+,._ �l° }iya...�,y�;.''°:')' ',i* "c:_�'�k'�� .r��i��e�,1�r .� ��� i..tly`�'-�! -�.�.ti�'e-..5 �- �-����� � .� . � � ���� . ������ � ��� �m�n �n �-�cc�,e�`T-� 0 � � c �;�� O. ���:��,�'"o � Y c� G� w' '� . � � .,, ��� ._ c� � r �� `�� _ � Q � �„ � ��� .+� � � TRANSPORTATION � JUNE, 19gp � 6. THE CITY WILL PURSUE ADDITIONAL PEDESTRIAN AND BIKE-HIKE TRAII, FACILITIES. The completion of an interconnected bike-hike trail system is important to the further- ance of alternative transportation incentives . � City will encourage Hennepin County to speedily The implement the planned bike-hike trail system along several county roads . The separation of bicycle and 1 pedestrian traffic from vehicular traffic is of the utmost importance in accident prevention . � 7. THE CITY WILL PROMOTE IMPROVED MASS TRANSPORTATION SERVICES FOR URBAN NEIGHBORHOODS. Orono has established a Park and Ride Transit System. Orono encourages improved bus scheduling and improved service , especially � at off-peak hours . Orono strongly supports the � "Tonkamobile" program and encourages expansion to provide improved Excelsior-Wayzata service via Orono ' s North Shore neighborhoods , RURAL TRANSPORTATION PO rrr�c -%�' 1. PUBLIC STREETS IN THE RURAL AREA WILL BE PRIMARILY LIMITED TO THE EXISTING COLLECTOR AND ARTERIAL GRID SYSTEM. The low rural land use density does not require nor can it economically support an extensive public street system. Rural lot arrangements have always been served by the existing grid streets and are capable of subdivision to the planned rural density without requiring additional public street investments . 2. THE RING ROUTE CONCEPT UTILIZES AS MUCH AS POSSIBLE THE EXISTING RURAL HIGHWAY SYSTEM. The principal corridor for traffic from Minnetrista and points west utilizes Hennepin County Roads No . 6 and 19 and State Highway 12 • The City of Orono has constructed a key link between County Roads 6 and 19 . Additional ring route traffic uses the existing north-south collector roads to travel away from the Lake toward these principal travel routes . 3. THE CITY OF ORONO WILL ENCOURAGE ALL NECESSARY ROAD SURFACE AND INTERSECTION IMPROVEM.ENTS REQUIRED TO ACCOMMODATE AND TO FACILITATE THROUGH TRAFFIC ON THE RING ROUTE. This will include cooperation with the City of Long Lake in accommodating traffic on Highway 12 . � CMP 7-17 TRANSPORTATION JUNE, 1980 4 . RURAL RESIDENTIAL DEVELOPMENTS WILL UTILIZE PRIVATE ROAD FEEDERS TO SUPPLEMENT THE EXISTING PUBLIC ROAD GRID. Because of topographical limitations , the historic shape of rural land divisions , and the low density of rural land use , most new rural residential lots are best preserved by short dead-end roads running off the existing street system. The low number of dwellings on each road , the dead-end configuration . and the scattered road locations make public roadway maintenance excessively costly compared to any public benefit. Therefore , most new rural lots will be directly served by privately owned and maintained roadways . New public streets will be accepted where a "through" configuration provides a general public benefit and/or where the number of residences justifies public maintenance expense . 5. PRIVATE RURAL ROADWAYS WILL BE CONSTRUCTED TO RUR.AL DESIGN STANDARDS. The City will regulate private road design standards to ensure environmental protection and adequate all- weather access to all properties. The type and width of road surface required will vary with the number of residences to be served and hence the amount of expected vehicle usage . The length of dead-end roads will be limited for public safety purposes . 6. THE CITY WILL GUARANTEE REASONABLE MAINTENANCE LEVELS AND PUBLIC ACCESS ON ALL PRIVATE ROADS. In the process of approving rural subdivisions, the City will acquire underlying public ingress , egress , and access easements over all private roads . These easements will ensure legal access of the public to all properties served by the private road. Development contracts backed by acceptable forms of financial responsibility will assure that all private roads are designed and constructed according to City- approved standards and specifications. The City will further guarantee that all private roads are maintained to reasonable standards at all times through required maintenance agreements and/or homeowner' s associations , and that failure of the private group to so maintain their private road will be cause for the City to accomplish needed maintenance and to assess the benefitted properties for the direct cost of such maintenance . � CMP 7-12 � . . . � TRANSPORTATION � JUNE, 1980 � 7. DRIVEWAY LOCATIONS AND RURAL STREET OR PRIVATE ROAD INTERSECTIONS WILL BE LIMITED FOR TRAFFIC SAFETY. Rural traffic speed is generally faster than that in urban neighborhoods requiring greater sight distances � and a lesser number of intersection conflicts for the same degree of traffic safety . Joint use of carefully located private roads will generally be � preferred over direct access onto public highways � from separate properties. � 8 . RURAL TRAILS ARE AN INTEGRAL PART OF THE TOTAL ALTERNATE TRANSPORATION SYSTEM. Rural trails offer access to the Hennepin County Park Reserve Lands from all areas of the City. Rural trails offer horseback riding as well as walking � and bicycle opportunities . The City will encourage completion of the planned bike-hike trail system and the private development of rural trails connecting the � public trail system with individual rural properties . The City will continue to restrict motorized use of trails within Orono as inappropriate to the trail ' s � basic purpose and as incompatible with adjacent residential properties. 9. THE CITY WILL NOT PROMOTE MASS TRANSPORTATION SERVICES FOR RURAL ORONO. � The planned rural land use density cannot economically support public transit services. Existing bus routes pass through the rural area enroute between Long Lake , � Wayzata and urban Orono. These routes are sufficient to serve Orono ' s rural needs and will in fact provide additional rural service as the need for additional � urban service increases . No new route locations are necessary as rural residents desiring to use transit services will use the established park and ride locations in Navarre and Wayzata. � � � � � 1 �" CMP 7-13 TRANSPORTATION JUNE, 1980 �J,E TRANSPORTATION PLAN Orono ' s location on the perimeter of the Metropolitan Urban Service Area has pretty well dictated that our Transportation Plan will be essentially a plan for streets and roads . Orono has no planning needs for airports , and has little planning requirement for mass transit. The principal need is a plan to provide for local movement between residential neighborhoods and commercial centers , and for efficient commuter movement away from the congested, environmentally sensitive lakeshore . The principle components of Orono ' s Transportation Plan are as follows : � 1. DEVELOPING THE RING ROUTE CONCEPT including designation of collectors � and minor arterials to direct traffic away from Lake Minnetonka. 2. DEVELOPING THE SCENIC PARKWAY CONCEPT including designation of ; parkways for slow-speed recreational access along the Lake Minnetonka shoreline and other scenically attractive routes . �. 3. DEVELOPING THE PRIVATE ROAD CONCEPT for access to low density rural ' residential properties . � 4. PROMOTING REASONABLE LEVELS OF PUBLIC TRANSIT SERVICE FOR ORONO'S i URBAN NEIGHBORHOODS including maintenance of the existing MTC bus routes and investigation of alternative public transit modes for � commuter travel to the center of the Twin Cities region. , ORONO�S ROADWAY CLASSIFICATION SYSTEM � 1 A commonly accepted way to describe and analyze a transportation system � is through a classification system which indicates different levels of ( services and different levels of construction standards . This Plan follows the classification system developed and adopted by the Minnesota Department of Transportation as applied to the types of roadways serving Orono. i MAP NO. 14 INDICATES THE CLASSIFICATION PLAN FOR STREETS AND ROADS IN ORONO. This plan is consistent with the regional transportation plans � and facilities of the Metropolitan Council, the Minnesota Department of Transportation and the Hennepin County Department of Transportation. This plan is consistent with the roadway systems of adjoining municipalities and with Orono' s urban and rural lancl use plans . The following descriptions provide detailed explanations of each of Orono' s roadway classifications . � CMP 7-14 1� e • � �� � TRANSPORTATION J tJNE, 1980 � � PRINCIPAL ARTERIAL A Principal Arterial is a grade-separated , high � capacity, controlled access highway designed to move vehicles through an area , not within a community. Principal arterials have no local land use access . The only principal arterial near Orono is that portion of State Highway 12 that becomes limited-access east of Orono ' s eastern boundary � with Wayzata. INTERMEDIATE ARTERIAL An Intermediate Arterial is a controlled-access , � � mo erate y ig capacity highway designed to move vehicles between cities and, in Orono ' s situation , between the free-standing growth centers and out-state cities west of Orono into the metropolitan area. Intersections � are limited and controlled. Land use access is intended to be limited to major traffic generators without direct access to residential properties . State Highway 12 is an Intermediate Arterial through Orono although many access and intersection characteristics are typical of a minor arterial � or collector . JURISDICTION: STATE DEPARTMENT OF TRANSPORTATION � RIGHT-OF-WAY WIDTH : MINIMUM 100 FEET FOR TWO LANE HIGHWAY MINOR ARTERIAL A Minor Arterial is a controlled access , moderate capacity � street or highway designed to move vehicles within planning subregions and between adjacent subregions . The Lake Minnetonka Ring Route is a minor arterial functioning to move , principally commuters and truck traffic , � from the western Lake Minnetonka communities into the urbanized areas of the Twin Cities . The minor arterial route channels traffic away from Lake Minnetonka to State Highways 12 and 55 , and in the r�ear future , to a direct intersection with Interstate 494 in Plymouth . Land use access � is intended to be limited to major traffic generators and local street intersections without direct access to individual residences . � JURISDICTION: HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY WIDTH : MINIMUM 80 FEET FOR TWO LANE HIGHWAY � COLLECTOR A Collector street functions to collect traffic from local streets and move it to neighborhood activity centers or to intersections with minor or intermediate arterials . Local land use access is permitted � but is regulated as to location and number with direct access to be avoided whenever alternative local street access is available . Intersection with other collectors are often controlled with signals or with four-way � stop signs . Traffic usage is moderate . JURISDICTION ; COUNTY OR CITY � RIGHT-OF-WAY WIDTH : 60-66 FEET � � � CMP 7-15 TRANSPORTATION JUNE, 1980 SCENIC PARKWAY Scenic parkway is a designation and classification used by the Cities of Minneapolis and Saint Paul and applied by Orono to those roads which traverse especially scenic and environmentally significant areas of the City. The scenic parkway is typically a narrow , curvy, slow speed road which provides access to recreational areas and special vistas of scenic attractions. High volume through traffic and commercial traffic is not appropriate on scenic parkways because these users do not benefit from the attraction and because the physical nature of the roadway is not conducive to efficient through traffic movement. Because of environmental � sensitivity , scenic parkways cannot be rebuilt into higher capacity collectors or minor arterials without adversely affecting the natural setting , the scenic quality of the road and/or the property rights of abutting landowners . Because of the natural topography of the area , scenic parkways also provide some of the traffic and local access functions of both local and collector streets . JURISDICTION: COUNTY OR CITY RIGHT-OF-WAY WIDTH : 50-66 FEET LOCAL STREETS Local streets are public streets that function to provide direct access to abutting properties. Local streets carry traffic within neighborhoods rather than through traffic between neighborhoods . Inter- sections with collector streets are controlled by stopping the local street traffic . JURISDICTION: CITY RIGHT-OF-WAY WIDTH : 50-60 FEET DEAD-END : LENGTH WILL BE LIMITED BY PUBLIC SAFETY CONSIDERATIONS PRIVATE ROAD A private road is a privately owned and privately maintained road, located in the rural area or within a planned development , that functions as a local access street. The City will require that private roads be constructed and maintained to City standards . The City will acquire an easement for public ingress , egress and access to all properties , but the City will allow the property owners to limit normal use of the road to the benefitting landowners and their invitees. Private roads will be located on platted outlots intended for joint and several ownership by all the benefitted property owners. JURISDICTION: HOMEOWNERS ASSOCIATION WITH UNDERLYING EASEMENT `TO CITY MAXIMUM SERVICE ; APPROXIMATELY TEN RESIDENTIAL PROPERTIES RIGHT-OF-WAY WIDTH: 30-50 FEET DEPENDING UPON NUMBER OF USERS DEAD-END : LENGTH WILL BE LIMITED BY PUBLIC SAFETY CONSIDERATIONS s� CMP 7 16 ---� � . , . , � I$ANSPORTATION � JUNE, 1980 PRIVATE DRIVEW1�1y A driveway is a privately owned and � vehicle path between the street and Privately maintaine shall be subject to access Private property. private driveways abutting street. Private drivewaysawilldnot be subjectstofanation of the � easement or access right , but do require recorded private easementslwhere driveways cross an intervening private lot between the residence served and the street. � JURISDICTION: PROPERTY OWNER MAXIMUM SERVICE: 1 RESIDENCE TYpICAL; JOINT DRIVEWAYS ALLOWED WITH � MAXIMUM THREE RESIDENTS PER DRIVEWAY IN RUR�AL AREAS MORE USERS REQUIRE PRIVATE ROAD STANDARDS ' DRIVEWAY WIDTH: WILL BE REGULATED WHERE MORE THAN ONE USER IS INVOLVEL � OR FOR PUBLIC SAFETY PURPOSES WHERE THERE IS EXCESSIVE LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD � EXISTING ROADWAY MAINTENANCE JURISDICTIONS ARE REASONABL TO THE CLASSIFICATION PLAN. The State of Minnesota has a AS THEY RELATE jurisdiction over the only Intermediate Arterial in the CptY�priate � The Hennepin County De artme P nt of Transportation has jurisdiction over the only Minor Arterial designated in the Plan. � Hennepin County will assume jurisdiction in the future overcthet�atyhat built ring route link between County Road 19 and County Road 6. � Hennepin County has jurisdiction over most of the designated Scenic Parkways which is appropriate in that these roads serve as access to Lake Minnetonka and to County maintained landings for many County residents who do not reside in Orono. The Cit � those Scenic Parkways that are away from the immediaterlakeshore � over including the access road to the Orono Golf Course. � The City has appropriate jurisdiction of most of the Collector and all of the local streets which serve all Orono residents. segments have been designated for Municipal State Aid construction street � assistance , including; OLD CRYSTAL BAY ROAD from County Road 6 to Fox Street, County Road 84 � WILLOW DRIVE from County Road 6 to State Highway 12 and from the Long Lake border to Fox Street FOX STREET from Willow Drive to County Road 146 McCulley Road t (Ring Route link) between County Road 6 and County Road 19 � Finally, individual property owners have a � over those Private Roads serving only theirpindividualrpropertiessdiction ( � � CMP 7-17 _ _ , , ' �l�'e��- � 4R�INANCL NO.� ��� 2nd Series AN ORDIAIANCE AMENDING TSE �'IINICIP?�L CQDE OF �ORQN4 BY COMPELLING PRIVATE OWNERS TO ALLOW PCJBLIC 'PASSAGE 02d A P�tYPBTF ROAD � THE CITY COIINCIL OF THE CITY OP ORONO ORDAINS: Sectian 1. Section 6.OI,' subdivision 2 of the Municipal Code o� Orono is hereby amended by adaing t:^.e addendum s2ntenc� described belo�a: Ai� private roads must be opened to aI? people wro own hor�es on t�at road and their invitees and to alI peool� who could reasonab?y be expected to use that road to cet ta their private residences and �.heir {nvitees. Sectzon 2 . This ordinance shall be pub2ished ir_ The Laker and The P�oneer and shal]. be e?s�ctive upon publication. �dopted by the City Council of the City of Orono, Minnesotia at a reqular meeting held on the 8t� day of January, 1990. � . G Jam s R. Grab Qr Attest: � thy M. allin, City Clerk ZTJB80 � Hennepin County GIS - Property Viewer Print map Page 1 of 1 _ _ Interactiue Pro ert Information Locator ' Maps : P Y =rr �'t�; ,� Y ;�`� �`� ��:,.��.�� ;� q-,�,�: .3�, t. .�a,.� �. . "m.� �, �"�.'�t '� �,s� f ,1r _ � � ;._ ^ .��w . 'r �.. ��-'� ;M! . h � r . 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N ��' Print Date: 2/22/2012 -{—f-�- Owner Deutsche Bank Natl Trust Co Market $317,000 w Name: Total: Parcei 200 Hollander Rd Tax $3,336.82 ' Address: Orono, MN 55391 Total: (Payable: 2011) Property Residential Sale Typ@: P�iC@: This map is a compilation of data from various sources and is furnished"AS IS"with no HOme- S81e representation or warranty expressed or HOmeste8d implied,including fitness of any particular stead: Date: purpose,merchantability,or the accuracy and completeness of the information shown. Parcel 2.12 acres Sale Area: 92,500 sq ft COd@: COPYRIGHT OO HENNEPIN COUNTY 2012 � "hirrk Green! http://gis.co.hennepin.mn.us/Property/print/default.aspx?C=45 8476.667895 87243,4982403... 2/22/2012 � Property Full Report Page 1 of 2 Lots 8 Land List#:1640521 Status:Active � Mike MOhS ' List Price:E 400 000 • �+ REALTOR� ' �� �`New Construction Specialist �44 HOLLANDER ROAD � Relocation Specialist � ORON-ORONO,55391 c � ' DevelopmeM/Complex/Subdivision Name: � Dir: (763)557-4527 'i CouMy: HENN-HENNEPIN Fire#: - 3 Bus: (763)559-2894 Plymouth Office � 3 Res: (763)498-8527 4425 Highway 169 North � Zone: � Fax: (763)557-4595 Plymouth,MN 55442 ; Main Area:381 Secondary Area:0 michaelmohs�edinarealty.com mMuO �� _� Acres:2.1Z Minimum Lot Size:2 ACRES Dims: Front:O Right:0 Rear:O Left:O List Date:12161200t Recd by MLS:1217/2001 Market Time:48 xte�for Cha�acterlstks Map Page: 104 Map Coord: 61 Property ID:2511823440015 Diredions:CTY RD 6 TO HOLLANDER RD Legal Descr: LOT 2,BLK 1 HOLLY ACRES 3RD ADDN Lot Descr.Comer Lot,Irregular Lot,Tree Covernge-Medlum Land Inclusions: Platted Improvements: Paved Streets Road Frontage:County,Prtvate Plat Recorded: Development Status:Other Restrictions/Covenants: Mandatory Owners Assoclatlon,Otber Bullding Restrictlons Lake/Waterfront: LakelWaterfront Name: , , Fencing: Out Buildings: . Available Utilities: Electrlc,Natural Gas,Telephone Onsite U6lities: Electrlc,Natural Gas,Telephone Schoot District Info:952-745-5000,284-WAYZATA,School Dlsthct#284 P�qricuRural Water: Farm Type: Soil Type: Topography: Rolling Tillable Acres:0 Pasture Acres:0 Wooded Acres:0 Crop Type: Public Remarks: Agent Remarks:WONDERFUL LOT IN EXCLU3IVE HOLLY ACRE3.LAST ONE.SITE OF ORIGINAL FARM HOME TO BE TORN DOWN.CALL LISTER REGARDING PLAT MAP Supplement: inancial Iniormatlon List Price: S 400,000 Orig List Price: , a 400,000 Sellers Terms: Other Fin Remarks: Owners Assoclatlon Fee: S 0 Fee Includes: Frequency: Property Taxes Exlstln�Mortgage Tax Year. 2001 Existing Fin: Free and Clear Tax Amt: S 1,145 Loan Orig Date: Assmt Belance: S91 Existing Mtg Amt; S 0 Tax with Assmts: S 1,145 Irrt Rate: 0 Homestead Descr: Y , PrincipaUlnt: S 0 Assmt Pending? No • Secondary Fin? Assumable? Not Assumable Cooperat(ng Broker Comp Sub-Agent Comp:2.7 Buyer Broker Comp:2.7 Non-Agent Comp: Variable Rate:No Listin T e: Exclusive Ri ht To Sell Istln OMcdShowln InformaUon List#: 1640521 Address:200 HOLLANDER ROAD List Agent: Mlchael J Mohs Appointment Phone:763-557�500 List Office: Edlna ReaRy.Inc Office Phone:�763)559-2894 MIKE MOHS 763�557j1527 Prepared by:Michael J Mohs /nlormation Deemed Reliab/e But Not �2001 Reglonal MLS of Minn.,lnc.All http://www.northstarmis.com/SearchDetai l/Scripts/PrtAgtFuUPrtAgtFul,asp?C S SName=C S S... 1/22/02 . � . � �' �8� 4.6o Q� �9 3g, O,Q ��� 3 �SEMEtJT � \ \ �h O . \� R�.� • � \ e \ \ �\- >>'.92 �0. / � �'44 �o Sec � � ��2> � - � � C.4 Ek,�T s 'li �� � 4>,�2 ' g,T Q t�I o,� i� � � � � / � � �. / �. \ ., � 30 � \. / � 3 \ ' � O � , \ \ 1� � �.°'� �g / ' J O / zi.� + �o.o / �O 26.31v zq. 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' - - - - - — _ � � _to8. _ _ � � '3� �� / / ; i, , � � �� "00' 00"W 298.55 -- ._ _._._. ...p:-570400„ � : �; / � � � /� ♦�„�► V � / � � �` N O�.L A►.�[�E fZ R o,c�p � v,, � ;� - - - -- - - - --' -• ��"`� _ _ __ __ __ _ _ ; l •• J.V' '�-3 -02 � � Jo�� �� 1�---� �e.,<:, (,a,�c� ;,�}--�-t�- na�� �e(� 5�6Lvc T/�i.a-�- C,�✓w?,�+ /l Property Information Search by Property ID Result page Page 1 of 2 _ ,,� � , Il�wl'I�'����l��� , � Property lnformation Search Result ` The Hennepin County Properry Tax web database is updated daily(Monday-Friday) at approximately 9:1 S p.m. (CST) Search By: Parcel Data for Taxes Payable 2001 Click Here_for St..ate_Cop�f Pavable 20_01 T_ax__Stateme_nt �ir�Yu� r - Property ID: 25-118-23 44 0015 ��� ����ue �+ ►�,t taan� ' Addres� . Property Address: 200 HOLLANDER RD '°"����...���� Municipality Name: ORONO School Dist: 278 Watershed: 3 Sewer Dist: Property ID: Construction Year: 1900 Parcel Size: IRREGULAR 2511823440015 Owner Name: JOHN M HOLLANDER Taxpayer Name&Address: JOHN M HOLLANDER ° � � ~'=`'" 200 HOLLANDER RD WAYZATA MN 55391 Most Current Sales Information Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions. NO SALE INFORMATION ON FILE FOR THIS PROPERTY. Tax Parcel Description Lot: 002 Addition Name: Block: 001 HOLLY ACRES 3RD ADDN Metes� Bounds: Value and Tax Summary for Taxes Payable 2001 Values Established by Assessor as of January 2, 2000 Estimated Market Value: 151,000 Limited Market Value: 97,700 Taxable Market Value: 97,700 Total Improvement Amount: Total Net Tax: 1,035.52 Total Special Assessments: g�.78 Solid Waste Fee: 18.14 Total Tax : 1,145.44 Property Information Detail for Taxes Payable 2001 Values Established by Assessor as of January 2, 2000 http://204.73.55.30/pins/IdSrchRes.stm?id=2511823440015 10/2/2001 Property Information Search by Property ID Result page Page 2 of 2 Values: Land Market 150,000 Building Market 1,000 Machinery Market Total Market: 151,000 Land Limited 97,100 Building Limited 600 Total Limited: 97,700 Qualifying Improvements Classifications: Property Type RESIDENTIAL Homestead Status HOMESTEAD Relative Homestead Agricultural Exempt Status 652 Questions or problems with this database search should be directed to Don.Kopel�co,hennepin.mn._us Hennepin County is providing this information as a public service. Please send comments on our Web Site to Henn.Net@co.hennepin.mn.us or use our Feedback Form H� a� ,.,, , 56 �N�� T�x s� r�e�es : , A�s o�r'�.p�, t M i r �� . Copyright O 1998 Hennepin County http://204.73.55.30/pins/IdSrchRes.stm?id=2511823440015 10/2/2001 Hennepin County Map Server Page 1 of 1 Hennepin County, Minnesota ,��� �,, � r ,,� il J� �,� l��>' ll il1�y�uqli i� Y il�I'i�l�l,il� .` s DERR� ___ � �, ` . N Last update:09/07/2001 at 1:00:00 PM Property ID �pl�roximate Pro� Approximate Pro� Property Perimeter Property Area 25-118-23-44-0015 1,195 ft. 86,863 sq.ft. = 1.994 acres Proper�y Address Market Value Tntal Tax (2001} 200 HOLLANDER RD ORONO, NIld 55391 $ 151,000 $ 1,145.44 � .. . .. ,_ � � - . � H�ae .. � .......... �M'�orma�on � � fi�lcr , e A�R . + I� P;�'� , r.���!p� �t�' �j��t r . r t tN F I, .. E� . This information is to be used for reference purposes only.Hennepin County does not guarantee the accuracy of the material herein c�ntained and is not responsible for any misuse or misrepresentation of this information or its derivatives.If map discrepancies are found,piease contact the Hennepin County Surveyors Office at(612)348-3131. The quality of the display may be influenced by your screen size and resolution setting,and is best viewed at 800x6Q0 screen resolution. This application requires Internet Explorer 3.02 or Netscape 2.01 or later version for proper operation Copyright �O 2000 Hennepin County http://www 19.co.hennepin.mn.us/scripts/esrimap.dll?name=Hennepin&cmd=Find&VALUI... 10/2/2001