HomeMy WebLinkAbout#5493-final plat-2006 • `�J
Ti�AIVSFE� Ef�TER�D
' HENNEPIN COUNTY TAXPAYER SERVICE�
DEC 0 5 20��
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A RESOLUTION
APPROVING THE PLAT OF
SHERRI LAKEVIEW ESTATES
- FILE#OS-3161
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RESOLUTION OF THE CITY COUNCII
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A RESOLUTION
APPROVING THE PLAT OF
SHERRI LAKEVIEW ESTATES
-FILE#OS-3161
WHEREAS, the City of Oroiio is a municipal corporation organized and e�isting
iuider the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Oroizo (hereinafter "City Council")
has adopted subdivision and land developinent regulations for the orderly, econoinic and safe
development of land withiil the City; and ,
WHEREAS, the City Council has considered the application by Loren R. Fritz
and Marlene K. Fritz, husband and wife (hereinafter "Developers") for subdivision of property
located at 3805 & 3845 North Shore Drive and 1635 Shadywood Road and legally described as
follows:
Exhibit A, attached
(hereinafter"the property"); and
WHEREAS, on March 13, 2006 the City Council adopted Resolution No. 5434
granting Preliminary Plat Approval for the proposed development of a five-lot plat for single
family residential purposes; and
WHEREAS, the Developers have completed or have agreed to complete all other
requirements of the platting regulations of the City including:
1. Completion of all platting requirements of Preliminary Plat Resolution No. 5434.
2. Dedication on the plat of perimeter Drainage and Utility Easements a.nd Draina�e
Easements as required in Resolution No. 5434.
3. Desi�nation and dedication on the plat of wetlands subject to City and other
a�ency jurisdiction.
4. Provision to the City of a Flowa�e and Coilservation Easement over all wetlands
on the property.
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5. Submittal of Minnehaha Creek Watershed District(MCWD) �ernzit approving the
gradin�, drainage and storniwater management plan for developinent of the
Property.
6. Subinittal of signed Wetland Buffer Establislunent&Maintenance Covenant.
7. Submittal of signed Covenant for Maintenance of Raingardens.
8. Submittal of sib ed Covenant for Maintenance of Ivy Plantings on Retaining
Walls.
9. Submittal of signed Trail Easei7lent.
10. Establislunent of the appropriate shared driveway easements and maintenance
covenants over Outlots A and B.
11. Provision of copies of approved Hemzepin County permits for driveway access
locations for Outlots A and B.
12. Provision to the City of a signed and executed Developer's Agreement and Letter
of Credit for the approved site improvements includin� construction of sewer and
water service improvements, storm sewer and drainage systeins improvements,
and site grading and landscaping. .
13. Provision to the City of a title opinion and certified copies of all recorded
easements cuiTently affecting the Property.
14. Payment to the City of Stormwater and Drainage Trui�ic Fee in the amount of
$16,016.00 as established in Resolution No. �434.
15. Payn7eiit to the City of Park Dedication Fee in the amount of $11,100.00 as
established in Resolution No. 5434.
16. Payment to the City of final plat review fees and le�al reviev�� and filin� fees in
the amount of$530.00 as established within Resolution No. 5434.
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��� �G�' RESOLUTION OF TH� C�19Y�OUNCIL
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17. Provision to the City of final plans and specifications for improven�ents to the
property including construction of sewer and water service improvemeiZts,
stornzwater and drainage systems and facilities, site grading and laiidscaping per
the requirements of Resolution No. 5434.
NOW, THEREFORE, BE IT RESOLVED that based on the findings of
Resolution No. 5434, the City Council of the City of Orono does hereby approve the five lot
residential plat of SHERRI LAKEVIEW ESTATES, Hennepin Couilty, Minnesota subject to tlle
following declarations and conditions:
1. ZoninQ, Shoreland Status. The property is zoned LR-1C Single Family Lakeshore
Residential District and subject to the lot development standards of the LR-1C District.
Additionally, Lots 1 through 5 are within the designated Shoreland Overlay District and
subject to the City of Orono Shoreland regulations pertinent thereto.
2. Lot Standards. Buildable envelopes including approved setbacks for the two new back
lots (Lots 3 and 4) are as shown on Sheets C2-1 and C3-1, the Preliminary Site Plan and
Preliminary Grading Plan per Exhibit B of Resolution No. 5434. For both Lots 3 and 4,
the northerly yard is the front yard, the southerly yard is tlie rear yard, and the easterly
and westerly yards are side yards. For Lot 1, by definition the easterly yard is front, the
westerly yard is rear, the southerly yard is a side yard, and the northerly yard is a side
street yard. However, because of its highly visible corner lot status at the intersection of
two major County roads, Lot 1 shall be further limited in that no principal or accessory
structures shall be allowed within 20 feet of the north lot line. Accessory structures may
be placed on all Lots according to City standards eacept as noted for Lot 1.
3. Driveway Access. Driveway access to Lots 1 and 3 shall be a shared driveway within
Outlot A. Driveway access to Lots 4 and 5 shall be a shared drive«Tay within Outlot B.
The existing driveway access onto Shadywood Road for Lot 2 shall remain. All other
curb cuts or access points onto the adjacent County Roads shall be removed. The
developer shall establish the appropriate shared driveway easements and mainteiiance
covenants over Outlots A and B. Developer shall provide copies of approved Heiznepin
County permits for driveway access locations for Outlots A and B.
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RESOLUTION OF THE CITY COUNCIL
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3. Municipal Sewer. The property was completely assessed for municipal sewer on a front
footage basis as part of the 1965-LS-lA project, and no further sewer connection charges
are required (MCES SAC charges will be due for each of Lots 3 and 4 at the time
building permits are issued; Lot 1 is credited for 1 SAC unit due to the recent removal of
the existing house which was connected to sewer).
4. Municipal Water. The property was assessed for complete front footage but only 3 water
units as part of the 1970-LW-lA municipal water project, hence an additional water unit
will be due for each of Lots 3 and 4 respectively, to be collected at the time of building
permit issuance for each of Lots 3 and 4, at a cost per the 2005 fee schedule of
$2,520.00 per unit.
5. Permits. No land alterations shall take place until erosion control is established and the
City Engineer has approved all final improvement plans. No building permits will be
issued until all drainage facilities, improvements, and satisfactory road base (base layer
and initial lift of bituminous)have been installed.
6. Citv En ineer Approval Required. The Developers shall implement all recommendations
of the City Engineer regarding grading, drainage, stormwater management and site
improvements.
7. Construction of Site Utilities and Other Site Improvements. The Developers shall
construct the sewer and water utility improvements, stormwater and drainage systems and
facilities, site grading, and landscaping in accordance with the Developers Agreement to
be executed between the City and the Developers.
8. Minnehaha Creek Watershed District Approval. This subdivision approval is subject to
MCWD approvals and permits as required. The final plat shall not be released for filing
until the Subdividers have provided evidence that all required MCWD permits have been
obtained.
9. Developers AQreement. The plat shall not be released for filing until the Subdividers have
executed a Developer's Agreement per the conditions of Resolution No. 5434, including a
letter of credit written to 150% of the cost of the proposed site improvements, including
any required landscaping.
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RESOLUTION OF THE CITY COUNCIL
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10. Release for FilinQ. The City Clerk shall release tlze plat documents for filing only upon
certification by the City Attorney and Plaruiing Director that all requirements of the
platting regulations have been satisfied.
11. Filin�. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or
before February 14, 2007 together with a certified original copy of this resolution and
executed copies of tlie easen7ents and covenants pertinent thereto.
The approval granted by this Resolution shall expire if the conditions of this Resolution have not
been met or the plat has not been filed by the date specified above. In that event, it will be
necessary to file a new application with the City of Orono for subdivision review.
Adopted by the City Council of Orono this 14th day of August, 2006.
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*f� *'� �` rd�S�:U,e�� , ity{Cl�erk Barbara A. Peterson; Mayor
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- C ITY of ORONO
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�,� , G'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing iiistrument was acl:nowledged before me on this i� day of
, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota muiiicipal
coip�ration and said instrument was executed on behalf of the City.
�� �• RACHEL DODGE (_r,�� �('l `�L.,�,� ('�
'�� Y NOTARY PUBLIC-MINNESOT�, �� �� {f"
• 4`.,;;�.1f My Commission Expires Jan.31,2010 Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on tlus ���' day of
.,,.�,�,t; 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
coiporation and said instrument was executed on behalf of the City.
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, _ . , NOTARY PUBLIC-MINNESOTA Notary Public
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Pa�e 6 of 6
� EXHIBIT A
• RESOLUTION NO. 5493
LEGAL DESCRIPTION
The following described property situated in the County of Hennepin, State of Minnesota:
That part of the South'140 feet of the North 288.5 feet of Govemment Lot Z,Section 17,Tawnshfp 117, Range 23, lying West of
the West line of"Shady Wood" and East of a line,drawn parallel wtth and 777.85 feet West, measured at right angles,from the
West line of"Shady Wood".
Together with:
The East 238.00 feeE part of Government Lot 2,Section 17, Township 117, Range 23, described as beginning at a point on the
North Iine of said Govemment Lot 2 distant 643.50 feet West from the meander corner of said North line;thence West along said
North tine 536.25 feet;thence 5outh at a right angle,148.50 feet;thence East at a right angle 536_25 feet;thence North at a right
angle,148.50 feetto the point of beginning. ,
AND that Loren R.Fritz and Mariene K.Fritz,husband and wife,owners and proprietors, and James A. Powers and Sharon L.
Powers, husband and wife, mortgagees of the foilowing described property situated in the County of Hennepin, State of
Minnesota,to wit: ,
The part of Government Lot 2,Section il,Township 117,Range 23, described as beginning at a point on the North Iine of said
Government Lot 2 disWnt 61B.75 feet West from the Meander corner on sa[d North line; thence South at right angles to said
North Iine,148.5 feet;thence East,at a rlght angle to the West line of"Shady Wood";thence North along the West line of"5hady
Wood"to the North line of said Government Lot'2;thence Westalong said North line to the point of beginning.
Together wlth: •
The part of Government Lot 2, Section 17,Township 117, Range 23, descr�bed as beginning at a point on the North lirte of said
� Government Lot 2,distant 618.75 feet Westfrom the meander comer on said North line;thence West along said North line 24.75
feet; thence South at a right angie,148,5 feet;thence East,at a right angle 24.75 feet;thence North at a right angle,148.5 feet to
the point of beginning. .
Doc No 4334901 12/07/2006 12:00 PM �;_5
Ce�tified filed and or recorded on above date: ``�A'd';..
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Office of the Registrar of Titles -,�.
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 275059 Deputy 37
New cert Ce�t Fees
1194891 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
. $0.00 TSUR
$46.00 Total
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RESOLUTION# 5493
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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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 August 14, 2006 , 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 21 st day of
August ,2006.
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When Recorded Mail to:
CitiMortgage, Inc.
Attn: Kim Wright: H-004-N 10
699 Walnut Street
Des Moines, IA 50309
CONSENT TO PLAT
SHERRI LAKEVIEW ESTATES
Loan No. 0008408666
MERS MIN: 1000269-0010069790-2
MERS Phone: 1-888-679-6377
The undersigned Mortgage Electronic Registration Systems, Inc., A Delaware
Corporation (solely as nominee for Lender and Lender's successors and assigns),
mortgagee of lender in that certain Mortgage dated May 28, 2004, and filed in the Office
of the Registrar of Titles Hennepin County on August 27, 2004, as Document No.
4009018, covering real property in Hennepin County, Minnesota, described as follows:
That part of the South 14 feet of the North 288.5 feet of Government LOT 2, Section 17,
Township 117, Range 23, lying West of the West line of"Shady Wood" and East of a
line drawn parallel with and 777.85 feet West, measured at right angles, from the West
line of"Shady Wood"
Hereby consent to the making and filing of the plat of Sherri Lakeview Estates in the
office of the Hennepin County.
�q�iiiBdiU;,1;r;,��f, Mortg�age Electr ic Registration Systems, Inc.
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� �; ���� �:�, � Gail Ramberg, Assistant Secretary
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�,�'�b��oo��asMa� ,�� � CitiMortgage, Inc., Successor in interest by merger
''����n�u`���,�$� to Pri ipal ide al Mortgage,Inc.
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By: ��S�GA�u y
G Ramberg, Vice President \�`�oP �
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State of Iowa }
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County of Polk }
On this � ' day of�6�Ce„s���t , 2006, before me, a notary public in
and for said county,personally appeared Gail Ramberg, to me personally known to be the
identical person whose name is subscribed to the foregoing Consent to Plat as an officer
for the grantor herein named, who being by me duly sworn did say that she is the
Assistant Secretary of Mortgage Electronic Registration Systems, Inc., a Delaware
Corporation AND Vice President of CitiMortgage, Inc., Successor in Interest by merger
to Principal Residential Mortgage Inc., and that the seal affixed to the said Consent to
Plat is the seal of said Corporation, and that said instrument was signed and sealed on
behalf of the said Corporation by authority of its Board of Directors, and said Assistant
Secretary AND Vice president the execution of said instrument to be the voluntary act
and deed of said Corporation.
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Doc No 4334902 12/07/2006 12:00 PM 3::•'-�
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Certified filed and or recorded on above date: ��;�,,,
��.f
Office of the Registrar of Titles �.1
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 275059 Deputy 37
New cert Cert Fees
1194892 606169 $1.50 AF
1194893 1194891 $80.00 EXCHFEE
$10.50 STATEFEE
$44.00 TFLATFEE
$0.00 TSUR
P I at $136.00 Total
Sherri Lakeview Estates
Addn No.09024
Ctf Number: 1194891
Owner: Loren Roger Fritz& Marlene K. Fritz, hus &wf, as jt ten
Date of plat: August 2, 2006
Plat embraces all of above and other land. Above land now described as:
Lots 1, 3 and 5, Block 1; and
Outlot A; and
Lot 4, Block 1, except that part thereof lying North of the North line of the South 140.00 feet of the
North 288.5 feet of Government Lot 2, Section 17, Township 117, Range 23 and east of the southerly
extension of the West line of Outlot B, said plat.
Subject to drainage and utility easements as shown on plat.
Ctf Number: 606169
Owner: James A. Powers, married to Sharon L. Powers
Date of plat: August 2, 2006
Plat embraces all of above and other land. Above land now described as:
Lot 2, Block 1; and
Outlot B; and
That part of Lot 4, Block 1, lying North of the North line of the South 140.00 feet of the North 288.5 feet
of Government Lot 2, Section 17, Township 117, Range 23 and east of the southerly extension of the
West line of Outlot B, said plat.
Subject to drainage and utility easements as shown on plat.