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Home My WebLink About#4125-approving plat-1998 e � . 3�� No�n . . _ � . o.� �o4s42� 0 0 � �e � C ITY o� ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL '� G ��kESH�4� NO. � � � � A RESOLUTION APPROVING THE PLAT OF MAXWELL LANDING FILE NO. 2340 WHEREAS, the City of Orono is a municipal corporation organized and e�sting under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS,the City Council has considered the application for a subdivision of a three lot plat by Robert and Iris Waade (hereinafter "the subdivider"); and WHEREAS,the subdivision has been found to meet all standards of the LR-1G1, Lakeshore Residential Zoning District finding that Lot 1 is of a size and configuration that would allow its use for a single family residence and Lot 2 is of a size and configuration that would allow its use for a duplex to be fully developed without the need of any variances other than those granted herein; and WHEREAS,the subdivider has agreed to complete all requirements of the platting regulations of the City, including: ' 1. Completion of all the requirements of Resolution No. 4092, the resolution granting preliminary approval of the subdivision. 2. Dedication on the plat of drainage and utility easements. 3. Creation of a private road shown on the plat as Outlot A. 4. Concurrent with the creation of this private road in Outlot A, dedication to the City of road and utility easements granting to the City permanent access, improvement and utility easements over said Outlot; and the creation of non-exclusive ingress, egress, drainage and utility easements over said Outlot in favor of all abutting lots within the plat including a declaration of covenants, conditions, restrictions and private roadway easement wherein any lot shall be sold, transferred and conveyed Page 1 of 5 . �� o � � 0 0 �, - C ITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �t`�k'E II��'�G NO. � �. � �, � S together with an undivided one-half interest in Outlot A whereby benefitting lot owners covenant and agree to permanently maintain and pay cost of maintenance for said private road. 5. Dedication to the City of drainage easements over a11 detention areas, wetlands,and �.ra.iragewa;�s�+�:thin�he gla±Yro�ri�in,s�,fc�r]ia�itations o�the use of thsse areas and shown on the plat as drainage easements. 6. Execution of a Developer's Agreement providi.ng for the installation of improvements required as a condition of subdivision approval,and posting of security to ensure that these required improvements are completed to the City's satisfaction, subject to approval of the City Engineer. 7. Provided evidence of Minnehaha Creek Watershed District approval. 8. Payment to the City of a park dedication fee for Lots 1 and 2 in the amount of $14,700. 9. Payment to the City for the final plat review fee and fee for legal review and filing of the plat, easements and covenants in the amount of$400.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Maxwell Landing,Hennepin County,Minnesota,subj ect to the following conditions: l. Variances aze hereby granted for the 40' width of Outlot A which does not meet the 50'required road outlot width; for the 20'width of Outlot B which does not meet the required 30'driveway outlot width;for the 0'driveway setback in Outlot B whicl� does not meet the required 10' setback; for the creation of a flag lot which is prohibited by code; and to allow 3 dwelling units to gain access via driveway Outlot B where only 2 dwelling units are normally allowed such access;per the findings of Resolution No. 4092. Page 2 of 5 �---- /O� O O �b. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �kESK� _ rvo, `4 1 � � 2. A conditional use permit is hereby granted for the berm including grading within 5' of lot lines, subject to City Engineer review and approval of final grading plans. 3. Lots 1 and 2 shall access to the private road in Outlot A. No direct access to North Shore Drive shall be allowed for any Lot. All dwelling units on Lots 1 and 2 may access Outlot A via Outlot B. 4.. The private road in Outlot A shall be allowed to access directly to County Road 51 subject to conditions for such access as imposed by the Hennepin County Department of Public Works in their required access permit. 5. The private road in Outlot A and the stormwater pond located in Lot 1, plus all required drainage improvements and site grading per the preliminary plat drawings and preliminary grading and drainage plan shall be constructed by the developer subject to a Developers Agreement to be executed between the City and the developer. Private road and storrnwater pond construction can begin as soon as the final engineering plans for the road and pond have been approved by the City and the Developers Agreement has been executed. No grading within the 0-75' lakeshore setback zone will be allowed except as needed to accommodate the drainage plan. Erosion control sha11 be maintained over all disturbed areas until natural groundcover is restored. 6. No building permits for Lots 1 or 2 will be issued until a satisfactory road base and all drainage improvements have been installed per approval of the City Engineer. �. The �:��ate road and pr��ate driveway and respective oui�ois snaii be privately owned and maintained per the appropriate access easement/maintenance documents to be executed by the developer,including easements in favor of the off-site users of said road. The developer sha11 create a homeowners association or other appropriate vehicle for such ownership and maintenance. Subdivider shall grant drainage easements over the stormwater pond to benefit the Lot Owners and the City,and shall provide for maintenance thereof by the Lot Owners. 8. The developer shall grant to the City an underlying Road, Drainage and Utilities Easement over Outlot A. Page 3 of 5 �_--- /� �� O o ��d� - � CITY o� ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCI L � rvo. 4 1 �, � � t�kEs� . Applicant shall grant to the City all necessary easements to accommodate e�cisting sewer lines within the property. 10. Prior to City release of the plat for filing, applicant shall provide evidence of fee ownership of the property in a form acceptable to the City Attomey, shall provide certified copies of all existing easements affecting the property, and sha11 meet any oth�r title requirements as may be required by the City Attorney. 11. Applicant sha11 provide all documents noted in this resolution in a format acceptable to the City Attorney prior to release of the plat for filing. 12. The aforesaid plat sha11 be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before January 27, 1999 together with a certified original copy of this resolution and executed copies of the easements,deeds and covenants noted above. The approval granted by this resolution sha11 expire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdi.v.ision review. Dated this 27th day of July, 1998. � ��.. .. ,, �,'�A tTfi'EST�b � .�,� � � ,;.,,�� •;,;�_ ��: �� ,; ,� ,y . �-. • +s' f` ..�A�. i �� j�^ . / ' . � ' _ �:'i�a S °V��.`�;ity'Clerk Gabriel abbour,May�r _ Page 4 of 5 , � . _ �__ i� �� 0 0 �a - C ITY of ORONO � � 'ti RESOLUTION OF THE CITY COUNCIL ��`9.IfE I�p4�'G NO. 4 � � � .� S STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of July, 1998 by Gab��el JG�bour and Linda �. �'ee, May�r �nd �ity �l�rk of the City� ef �'ro�o, � 3�:nnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.HASEMAN r� ,�c`'�•*�� NOtARY PUBI�C-MINNESOTA Notary Public ° ` �`-�•� HENNEPINCOUNTY z . Rl,y Cnrnmi5sion Fy.pires Jan.31,2t� 7 �. _. ,t,: -'=��•�.:.'':��-�,.s�.�} Page 5 of 5 � �/^� � . , /�/_ '70464�3 �s.��a��s�i a�oo c��a�� co t�.�v `` �B.IAN9914�00 C7��b4�3 QOC �15.00 ; OFFII:�Gt�::i;;:";'i f;Ct:"uRQER HENhfPlti C[?1I;;1Y.NihltlESu7A CEftTIfI�f)Ftt F.Q At1D QR ('S'::I;tt�:':ll U'1 9� JAl� 28 P�1 2� 03 as �uc;�;:°;.:t,� r�.�c�'�' ' �46��. , y��"`� �1,��.____.OEPUT Y ;. �� i. RESOLUTION# � � '� � STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota., do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on Julv 27. 1998 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 29th day of Julv , 19 98 . � �. - �� `� t �.,� � � o,`'�v � �� Linda S. Vee, City Clerk �:;• . �; „�;� �� ? , r" � �'" � T��i[�i sF6� �NTE�iED �� t�1V4��'It�COlR3'f'Y TFV(PpYEfl SERVECES .., E_. '�`��'�} .°�d� _ � �ry" , w,.l ... . �� r �,yti��. � saN �:� �� N 'PIN NTY MtPIN. 8Y �4LG OCPUTY a : ». i. �. ,...�` -�• - . - sa� � � .:.�t _:;. : ,na; . 4�- .. � ��v 4:. `i�; .. . �::,;:tV _ ... , � ; �'a �` {� • .�.. .. r-' ��" w._` .+.� , + �i': ♦s . , � �. -��:': ._a I: �