HomeMy WebLinkAboutRE: private road info • • a
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� �$EggO�' 2750 Kelley Parkway P.O. Boz 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
August 28, 1996
owazd Casmey
Hollander Road Property Owners Representative
280 Hollander Road
W'ayzata, MN 55391
John Hollander
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 regaxding the private status of
Hollander Road.
The plat of Holly Acres was approved in 1979 via Citv Council Resolution No. 1055 (Attachment
1). Included in the plat drawings of Holly Acres are two separate 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 Road 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,Block 1; Lots 1-4,Block 2; and Outlots B and C) ar creating certain maintenance covenants
� Telephone (612) 473-7357 • FAX 473-0510
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� 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 inconect 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 are
excerpts from the Orono Communitv Manaeement 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 between 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 appears 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
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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 aze
therefore subject to no properiy 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
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- � RESOLUTION N0, 1055
A RESOLUTION APPROVING THE PLAT OF
HOLLY ACRES
�"riEREAS, 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 develop�nent
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 for 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 aII 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, q
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.
� ,
Resolution No. 1055 �
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 :
1. The aforesaid plat shall be filed with the Hennepin Cotmty
Recorder' s Office on or before December 26, 1979 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 vntil such
resubdivision is approved.
3. �111 lots in this subdivision, including Outlots B & C,
shall 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 sha11 be
removed anc� replaced by access onto Outlot A as soon as
the new private road is constructed.
.�
Resolution No. 1055
Page 3
The approval granted hy this Resolution shall expire ia
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 Cjty
of Orono for subdivision review.
Dated this 10 day of Jul�� , 1979 .
Williaiu B. Van Nest, rlayor
ATTEST: .
�
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�lalter R, s ' , �Clerk/Administrator �
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
The undersigned duly qualified and acting City �
Clerk/Administrator of the City of Orono hereby certifies
that attached hereto is a true and correct copy of t�ie
original Resolution passed by the City' Council of the City
of Orono on July lp , 191g, approving the plat
of Holly Acres -
on file in the office of the City Clerk/Administrator, City �
of Orono.
�✓ • =-� — .
Walter R, enson, Clerk/Administrator
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Dated this 10 day of Jul,� , 1979 . -
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;�"T; � I10t.D AND UTSLITIES EASEMENT �X �� b le� �
ICit.t• �
_'�� � THI6 I3�DEtiTURE, mode thi.s �-day of ��KE , 19i�#
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" F�iereinafter referred to as "Grantor s , and t e C ty o Orono,
�' a municipal corporation, under the laws of the State of Minriesota,
:.� Y►ereinafter referred to as "Grantee".
;A WITNESSETH, that Grantor(s) , in consideration of the sum
�"` of One Dollar ($1. 00) and for other good and valuable considera-
" tion givsn by Grantee, the receipt of which is acknor�ledged
� by Grantor (s) , do(es) hereby grant, bargain, sell and convey
:�� to Grantee, its successors and assigns, an easement for publiC
t==: ingress, egress, access, road and utilities purposes and uses,
�= on, across and under the land in the County of Aennepin and
*�;:; State of Minnesota as follows:
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� +�. AS DESCRIBED IN PLATT OF HOLLY ACRES AS OUTLOT A, D, ANO
�: OUTLOT E.
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" , including, but not by way of liraitation, a full and tree r3gAt
��'� and authority to enter upon said land to construct, install.
maintain, operate and repair a sanitary ser,�er litt stati�,
sanftary sewer interceptor, aanitary sewer main or lin�, gravel
or paved road and any and all appurtenances incideutal aad
xelated thereto, (such ara hereafter collectively =efarred to
as the Improvemer►t) , and the Grantee shall liave tl�s rigbt to
�. make such u se ot said land as is raasonably necassary aad
_�=;,� - advisable to tbe construction, instaliation, maintenanc�, •
operation and repair o! the Improv�aent.
� - Zn aadition to any other rem�ly the Gran��a A►ay hava,
�^j; the covenants nnd reatrictions aontain�d her�in n�ay b�
�:.}�' enforced by injunction. .
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' � TO HAVE AND TO HOLD said ensement unto said Crantee, , - ,=
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2he Grantor(s) hesein certify that the� lanas herein n,�_
described are free and clear of all encumbrances excepts
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IN WITNESS WI�REOF, said Grantor(s) have set __ ! •
hand(s) on the day and year f irst above written. �;;
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. On this /_ da of u c' , 197�, before me �,.
personally appeared �
, to me nor,m to be t e person s escr d .
an who signed the foregoing instrument, and ackno�vledge�! ��`
that they executed same as their free act and deed. ,,�
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STATS DEED TAX DIIE HEREON: ExesnPt <•
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pOPBAM� HAIR, SCF�108RIC8� RAVFMAN • . ;i.
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� �� � EXHIBIT B
� � �' . Resolution No. 1055
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DECLARATION OF PRIVATE ROAD EASEMENT �
AND ;-
DECLARATION FOR MAINTENANCE OF SAME
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HOLIANDER RQAD ��
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(private road name) ,i��•
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HOLLY ACRES ;�.
(subdivision name) ';�.
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KNOW ALL MEN BY THESE PRESENTS: �fi�
WiiEREAS, Hildur P. Hollander, Single � ;.
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is the fee owner of that certain parcel of real estate located in the -��
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City of Orono, County of Hennepin, State of Minnesota, legally described ``:
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as follows: Block 1 . Lots 1n4. Block 2, Lots 1�4, Outlots B and C ► �:
in the plat of Holly Acres � r.'
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WHEREAS, Hildur P. Hollander now desires � "�
. (subdivider) .
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to create a non-exclusive private road easement for driveway. ingress �
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and egress, and utility purposes over and across �=
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above described property � �
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for the mutual benefit of Lots , ;.
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NOW, TNEREFORE, in addition to the casements created by a ;�.
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Declaration of Covenants� C�nditions, Restrictions and Easementa� �r
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Hiidur P. Hollander dors by this Declaration for himself�
(subdivider) . . '�
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his heirs, successors and assigns� hereby createe a non-exclusive ' �
easement for drivewAy, in�resa And egreas� �nd utility purposee over _�
�nd across Outlote A� D and E ��
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for the mutu3l benefit of Lots Block 1. Lots 4. Block 2, Lote 7,n4, _
Chstlots B and C, ".s
(hcr-einafter the "benefited lote") ,_,, Holly Aeres � but not for ;�;
(bubdivision) ,;"
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the following described lots ii: ...;,e City of Orono� County of Hennepin:
Lot 1 Aildur P. Hollander Block 1 �
Lot 2 Hildur P. Hol2ander Block 1
Lot 3 Hildur P. Hollander Blo ck 1
Lot 4 Hildur P. Hollander Block 1
�t 1 Hildur P. Hollander Block 2 '
Lot 2 Hildur P. Hollaader Block 2
�t 3 Hildur P. Hollander Block 2
�t 4 Hildur P. Hollander Block 2
all in �lly Acres
(subdivision)
HW, THEREFORE, in consideration of the receipt of Orie Dollar
($1.00) and the granting of the above private road easement for the
benefited lots, the above owners of each lot so described, their heirs,
assigns a�isuccessors (hereinafter refer:ed to as owners or owner)
hereby covcaant and agree as follows:
. • �
� That the owners do hereby acknowledge the existence of
said privane road easement and the existence of the private road, ana
that the t5t7 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 smi private road as a public roadway.
� That the owners will and do hereby assume end agree to
pay a pro�tionate share of the costs of uWintaining, repairing aad
and replac�, if necessary, the priva[e road over said easement described
herein toat leasr a standard of quality equal to the private road as it
i
was appra.i by the City of Oronc as part of the subdivisiors of tbe
adjoining �d, and as may be required from time to time by tha ordinancea '
of the Ci.t�af Orono in regard to priv8te road�. 3
. �
'' �. owner's share of such cos�• shall be due and payable on
� . j. +!.tt �� a+d� co:r:: ['�r -•�,nsrriirri�n m�intc� a
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�� Any owner may bring an action, on behalf o` �he
noc�-defaulting Owners. to collect a defaulting Owner's share of such costs Which
'�� are not paid when due, and shnll be entitled to recover such reasonable attorneys'
J fees as the court may allorr. together with all necessary costs and c�isbursements
' incurred in connection therewith.
The plans, specifications and the awarding of contracts for L�e
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private road or for any alterations in the private road after construction thereof
shall be approved �n 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 o r by the abandoruaent
'� of hi s Lot.
_`�
In the event that the Qwners 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 iaaintain� repair and replace
the private road as provided for herein, and that such actions by the City of Orono
will not result in the private road's becoming a public roadway, and that each of :
..�;
the Owners will �ay to the City of Orono the proportianate cost i�tu�red by tRe
City Gf Orono within thirty (30) days of the receipt of such charges. or els�
;; such charge shall become a lien upon each Lot at the propo�tion as provided for
.,
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;. herein. Said proportionate share is to be determined by dividing the total costs
:,; of maintenance, repair or replacement, including without limitation. the tost of
,.`_
. cleaning, snow removal , surfacing and resurfacing, by the number of Lots set fortA
above, adjoining the private road; and that each Owner shatl Decome li�ble for said
`` proportionate share from and after the date of this Agreement. '
3) Each of the Owne�s of a lot described hereln here�y covenants
with each of the Owners of atl of the other Lots described herein, a�d each Owr►e�
'' of a 1ot described hereln, by acceptance of a deed therefor. whether o� not it shill
- De so expressed in such conveyance. shall be and hereqy is deemed to eovt�ant witA
the then Or+ners of all ot the other Lots descriDed hertin. thaL he/she/the,�► sbsll
,. :� pay promptly r+hen due his/her/thQir proportio�ate shire of th� costs described tn
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the preceding paragraph. The costs described in the preceding paragraph shell be ,'_;
a personal o�ligation of the person or persons who are the owner(s) of such Lot ''
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at the time when such costs were incurrcd, and said obligation sha11 not pass to �_�
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his/her/Lheir successors in .title unless expressly assumed by them. �
4) The private road shall be used strictly in accordance rri'th the ,`
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easements granted therefor. Except as herein provided, no ^wner shall obstrxt ���
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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 Owner �;.
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from the private road. If an Owner shall violate this section. the remaining :
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Owners shall have the right to restore the private road to its prior condition and �
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assess the cost of such restoration against the Owner who violates this section :,�
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and such assessment shall become due and payable upon the demand of any of said ,
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remaining Owner's• All �of the�remalning Ownen, or any of Lhem. shall hav�e tbe rigfiL • i
.�,:
and porrer to collect the cost of such restorations in a legal proceeding for that
purpos... If an Ormer interferes with the rights and privileges of another Qmer �;.
in the use of the private road. except�as herein provided. the remaining O++�ers.•or ,-�'�
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any of Lbem, may commence an action to en3oin such interference and the prerailing ,-��°
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party shall be entitled to recover such reasonable attorneys fees as the court a+�y � � � �.��;�,,
,
allorr, toget5er with all necessary costs and disbursements i�curred in connection ' : �:
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therewith. T
Any Owner m�y delegate his right of en�oyment to the private road � `
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to his tenants wF�o reside on a Lot, to the members of his family and his guests ` .,
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and to hts invitees. ' `�
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. 5) This covenant sha11 run with the land and shell be bindin9 on `?�
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and inure to the benefit of the parties hereto, their heirs. representatives.
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successors and assigns. �`�
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6) There may be no amendment to o� retease of the terms of this +
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easement nnd declaration without tha prior wr1lten consent of the C1ty Cotx�cil r,�
of the City of Orono.
-- IN WITNESS WHEREOF� the partie� have hereunto executed t6is 4= �
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TRANSPORTATION
� JUNE, 1980
� 6. THE CITY WILL PURSUE ADDITIONAL PEDESTRIAN AND BIKE-HIKE TRAIL
FACILITIES. The completion of an interconnected
bike-hike trail system is important to the further-
ance of alternative transportation incentives . The
� City will encourage Hennepin County to speedily
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 .
BURAL TRANSPORTATrnN pplrrT�� -�
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 SURF
IIVTERSECTION IMPROVEMENTS REQUIRED TO ACCOMMODATE AND TOAFACILDTATE
THROUGH TRAFFIC ON THE RING ROUTE. This will include
cooperation with the City of Long Lake in accommodating
traffic on Highway 12 .
�
CMP 7-11
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 RURAL 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
underlyinq 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. RUR.AL TR.AILS ARE AN INTEGR.AL 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.
�
�
�
�
�
� � ,
CMP 7-13
TRANSPORTATION JUNE, 1980
�F 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
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
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.
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�
� �
� TRANSPORTATION
JUNE, 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
Y the Twin Cities . The minor arterial route channels traffic away from
Lake Minnetonka to State Highways 12 and 55 , and in the near 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
tr
CMP 7 16
—�
. .
�
�
I$ANSPORTATiON
� J�E, 1980
PRIVATE DRIVEWAy A driveway is a privately owned and privately maintaine
� vehicle path between the street and private property, private drivewa s
shall be subject to access permits according to the classification of the
abutting street. Private driveways will not be subject to any public
� easement or access right , but do require recorded private easements where
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 ?1REAS
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 EXCESSIVf
LENGTH BETWEEN THE RESIDENCE AND THE PUBLIC ROAD
� EXISTING ROADWAY MAINTENANCE JURISDICTIONS ARE REASONABLE AS TH
TO THE CLASSIFICATION PLAN. The State of Minnesota has a EY �LATE
jurisdiction over the only Intermediate Arterial in the �pty�priate
� The Hennepin County Department
the only Minor Arterial designatedTinntherplanon has jurisdiction over
� 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 City has
� 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. Certain key street
segments have been designated for Municipal State Aid construction
� assistance , including ;
OLD CRYSTAL BAY ROAD from County Road 6 to Fox Street, County Road 84
L/ 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
+ (Ring Route link) between County Road 6 and County Road 19
i
Finally, individual property owners have a
� over those Private Roads serving only theirpindividualrpropertiessdiction
( �
�
CMP 7-17
����� �
ORDINANCE N0.• ��� 2nd Series
AN ORDIPiANCE AMEZQDZNG S�E I�'.'IINICIPAL CODE OF �ORON4
BY COMPELLING P�tI�lATE OWNExS �0 ALLOW Pt7BLIC �PASSAGE
ON A P�Y'98TF ROAD �
THE CITY COIINCIL OF THE CITY OP ORONO ORDAINS:
Section 1. Sectian 6.dI,' snbdivisian 2 of the Municipal
Code of Orono is hereby amended by adding t^e addendum s2ntence
described below:
Ai� private roads �nus� be opened ta aI? people w!+o own
horaes on that road and their invitees and to aZI people
who could raasonably be expected to use that road to a_et
to their private residences and �heir invitees.
Secti.on 2. This ordinance shall be published ir_ The Laker
and The Pioneer and sha�l be e:fzctive upon oubZication.
Adopted by the City Council of the City of 4rono, Minnesota at a
reqular meeting held on the 8t� day of January, 1990.
�
G Jam s R. Grab , or
Attest: �
thy M. allin, Ci�y Clerk
ZTJB80
�