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HomeMy WebLinkAbout#662-status of proposal-1976 ' 4 RESOLUTION NO. 662 RESOLUTION SETTING FORTH THE CURRENT STATUS OF THE HERRICK CIRCLE PROPOSAL WHEREAS , in order to assist the property owner, Mr. Nafstad, in his proposal to develop Herrick Circle in a manner as previously reviewed by the City Council, NOW THEREFORE, the City Council of the City of Orono sets forth the following statements: 1. The Metropolitan Waste Control Commission has approved Herrick Circle's proposed sewer line. 2. The City of Wayzata has agreed to accept the efflu- ent flowing from the Herrick Circle property. 3. The sanitary sewer line which is to be constructed on the Herrick Circle property may be used as a temporary holding tank for the effluent from one home, pursuant to plans acceptable to the City Engineer. This temporary holding tank may be used in the future as part of the complete sani- tary sewer system line if said sewer line is approved by the City of Orono. 4. The sewer line that is to be installed on public property and the sewer line to be installed on Herrick Circle property shall be installed pursuant to city specifications and shall be compatible with existing installations so that it can be maintained with the rest of the sewer system of the City of Orono. 5. No permission is granted Mr. Nafstad to hook up to the sanitary sewer line to be built on public property and such permission shall be withheld until and only if the City Council approves the rezoning and platting of the property in the future. 6. Any utility construction, restoration procedures and alignment, shall be reviewed and passed upon by the City Council prior to construction. 7 . In no event shall there be any construction of the sewer line in the public right of way until spring, 1976. 8. Mr. Nafstad shall obtain and grant to the city easements for public sanitary sewer and maintenance thereof over any property in Herrick Circle or over any other private property through which the sewer line may be constructed. 9. Any construction of any sort on the Herrick Circle property or on any other property, public or private, shall be in accordance with the city's plans, specifications and ordinances. 10. Owner shall undertake any construction required by the city at his sole expense and shall reimburse the city for any damages suffered by anyone concerning said construction. 11. Owner shall reimburse the city for all expenses incurred by city staff and city consultants, including but not limited to the City Engineer and City Attorney, incurred by the city during the review and supervision of the proposed project. 12. If the sewer line is completed, Orono will charge the owners of the Herrick Circle property, whatever amount is charged the City of Orono by the City of Wayzata for the efflu- ent collected from Herrick Circle property. 13. After the sewer line is installed and the property is restored to the satisfaction of the City of Orono, the city has the option to take over the sewer line at no expense to the city and if the City of Orono does take over the line, the City of Orono shall maintain that line for the benefit of the Herrick Circle property. The City of Orono will charge the owners of the Herrick Circle property an amount for maintenance of that line, equal to the amount which the City of Orono charges other property owners similarly situated. 14. The sanitary sewer line to be constructed on public property may not be used by the owners of the Herrick Circle property nor may the owners of the Herrick Circle property build any additional homes on the property until the following items are completed. (a) The City of Orono agrees to and does amend a compre- hensive plan to provide for the necessary zoning to allow the proposed development on the property. (b) The Homeowners ' Association Agreement is reviewed and accepted by the City of Orono. (c) The final plat is reviewed and accepted by the city. (d) The Herrick Circle property is rezoned to a dis- trict which allows the proposed project. This resolution was passed on the 9th day of February, 1976, by a vote of 3 ayes and p nays. (1r 1., 'T;;;`^ /�� ,� J Robert L. Searles, Mayor ATTEST: Z ,/ Walter R. Benson Clerk/Administrator