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HomeMy WebLinkAbout#5460-lot-line rearrang-2006 c)C.:(3---- . w: ,e- CITYofORONO ,t *- � k,\; tA. iv RESOLUTION OF THE CITY COUNCIL ikEs804" NO. 5 4 6 0 A RESOLUTION APPROVING A SUBDIVISIONOF A LOT LINE REARRANGEMENT AND LOT • ' t VARIANCES FOR PROPERTIES LOCATED • 965 0:ND 985 OLD LONG LAKE ROAD FILE #06-3190 WHEREAS, 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 Orono (hereinafter "City Council") 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 lot line rearrangement by Bruce B. Dayton, married, and Richard G. Rinehart and Dixie C. Rinehart, husband and wife (collectively hereinafter "the applicants") of properties in Hennepin County, Minnesota legally described as: Exhibit A attached (hereinafter"the properties"); and WHEREAS, the properties consist of two tax parcels, the first being owned by the Bruce B. Dayton and identified as PINS #35-118-23-41-0003, referenced hereinafter as "965 Old long Lake Road"; the second being owned by the Rineharts and identified as PINS #35-118- 23-41-0002, referenced hereinafter as "985 Old Long Lake Road"; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 17, 2006 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes, resulting in the relocation of the common lot boundary between the two properties, as shown in the survey attached as Exhibit "B" and resulting in a new legal description for each parcel as shown in Exhibit"B"; and WHEREAS, although each property contains an existing residence and outbuildings, neither property is conforming to the 2.0 acre RR-1B Zoning District standard with regard to lot area; after the lot line rearrangement 965 Old Long Lake Road will have a total area Page 1 of 3 . , , , e° 0 ,:%, , ,-..,t-„p,,,,, , ,,,, CITY of ORONO . ,�, X11 .mac, RESOLUTION OF THE CITY COUNCIL ___ •4 i4110ESIICO' NO. 5 4 6 0 of 1.20 acres south of the road, and 985 Old Long Lake Road will have a total area of 1.02 acres south of the road. However, the property at 965 Old Long Lake Road more than meets the 200' width standard both before and after the rearrangement, and the property at 985 Old Long Lake Road will gain 10' in width, expanding from 90' to 100'; and WHEREAS, neither property has been platted, hence their descriptions run through the right-of-way of Old Long Lake Road. Due to the location of the section line in relationship to the actual location of Old Long Lake Road, the legal description for 985 Old Long Lake Road includes a small strip of land on the north side of Old Long Lake Road which is of little functional value to the owners. As a result of this lot line rearrangement, 985 Old Long Lake Road will give up the strip across the road, which will be combined with 985 Old Long Lake Road, in exchange for acquisition of a 10' strip of land from the west end of 985 Old Long Lake Road. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced properties by the applicants as shown on the certificate of survey by Mark S. Gronberg, a licensed surveyor of Gronberg & Associates, Inc. dated April 17, 2006, as attached in Exhibit "B", and grants a lot area variance for each property, subject to the following conditions: 1. Applicants shall provide a title opinion for the properties confirming ownership and encumbrances. 2. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before October 24, 2006 together with a certified original copy of this resolution. 3. The approval granted by this resolution shall expire if the division 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, Minnesota this 24th day of April, 2006. ATTEST: / _ I-L�� �' �ifjo Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 3 . . . X04 OO =A''' y CITY of ORONO 14, Iii ,/ ^�', � titi iA:64k0 RESOLUTION OF THE CITY COUNCIL 4IfEgg01" NO. 5 4 6 0 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this I day of n / , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ti� N z;Vtf KRISTI 4DE.F-L,0 K-1-:,3tA. • 6. c,nds.r' N- - NOTARY PUBLIC MINN.-,,)?IA ;.K+ My Commission Notary Public -....4-_,,,,,..A.. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 75day of 4o,-/ / , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. (r---ti 4,''a RACHEL DODGE ti L ..----f- �vC-t \ ",#,,r NOTARY PUBLIC-MINNESOTA k Notary Public , M Commission Expires Jan.31,2010 g �e Y P l Page 3 of 3 EXHIBIT A RESOLUTION NO. 5 4 6 0 EXISTING LEGAL DESCRIPTIONS A. DAYTON PARCEL The North 239.5 feet of the following described property: Beginning at a point on the North line of the Southeast Quarter of Section 35,Township 118 North, Range 23 West of the 5th Principal Meridian, distant 899.3 feet West of the Northeast corner of said Southeast Quarter;thence South parallel with the East line of said Southeast Quarter to the northeasterly line of U.S. Highway No. 12;thence northwesterly along said highway line to a point 90 feet East from the West line of the East Half of said Southeast Quarter; thence North to a point on the North line of said Southeast Quarter 90 feet East of the Northwest corner of the East Half of said Southeast Quarter thereof, thence East to the point of beginning, EXCEPT that part of the East 30 feet of the above described property which lies southerly of the centerline of Long Lake Road. ALSO That part of the following described property: That part of the East Half of the Southeast Quarter of Section 35, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the North line of said Southeast Quarter distant 899.3 feet West of the East line of said Southeast Quarter;thence South parallel with said East line to the Easterly right-of- way•line of U.S.Trunk Highway No. 12;thence southeasterly along said easterly right-of- way line to a point 799.8 feet West of the East ire of said Southeast Quarter;thence North parallel with said East line to the centerline of the Long Lake Road (formerly County road No. 27); thence easterly along said centerline to a point 751.21 feet West of said East line; thence North parallel with said East line to said North line;thence West along said North line to the pointof beginning; except,that part.of said tract lying South of the South line of the North 590.00 feet of said East Half of the Southeast Quarter Which lies northerly of the centerline of Long Lake Road. B. RINEHART PARCEL That part of the West 90 feet of the East Half of the Southeast Quarter of Section 35,Township 118 North, Range 23 West of the 5th Principal Meridian,which lies Northeasterly of the Northeasterly right of way line of State Highway No. 12. ....... ...........__...._.___..._.. in EXHIBIT Bre co • la M M • RESOLUTION NO. 5 4 6 0 z g 2 4 - '- a Z I` • PROPOSED LOT DIVISION/RECOMBINATION FOR cif g BRUCE DAYTON & RICHARD RINEHART v °5i4 • NWcormofE.s1M•r IN THE EAST HALF, SE 1/4, SEC. 35-118-23 N =c 6e W.9.ax --.. • \ 8a9K74rE �� f HENNEPIN COUNTY, MINNESOTA y—t , CO m torn m k-' se win.a a•a,„s""',, aerie i to �� -- W i n -- Q C3z a,- rNa953'00'„• _-. OLD LONG LAKE ROAD — .Ui o N TI_lib i ------ '• N6e"1713"W 176.16 '.NE owner aEa•th iti ii T1 r4i 'a EE 114,5. 3e • Ill Z j 0) r , , r , m 0§W t , O J CD 30.00 w.a•n.aswwwt yvbE , T. g • ,"' I' t� --� EXISTING LEGAL DESCRIPTIONS DAYTON DESCRIPTION AFTER COMBINATION/DIVISION w +� ', ,t•-p..iM•i•,E•rtr. The North 239.6 feet dine following desalted progeny r , SEIM.tNaah A. DAYTON PARCELBeginning 899.3 West of the _13%-- j ', z / The North 239.5 het of the following described property: Beginning at a point on the North Dna d �the East line d Secilonn o Northeast aNortheasterly alineof Stale Highway east No,12;ence South ,. v i , the Southeast Quarter of Section 36,Township 118 North,Range 23 West of the 6th Principal Northwesterly along said highway Ons to its Intersection with the East line of the West 100 het of r f� said East Half d the Southeast Quarter;thence North said East One of the West 100 feet to R a or r °Moll�Ylra•lie w�e•°sis 1 ‘ I 30.00 South parallelalwith the East lire of said NortheastSoutheast Quarter the northeasterly Wine df U.S. the North line deed East Half of the Southeast Quarter;thence East along the North line of said 6 r Y N er2T4r W 333.75 Highway No.12;thence northwesterly along said highway line to a point 90 feet East from the East Half of the Southeast Quarter to the print d beginning,all In Section 36,TownshipP 118, West line of the East Half d said Southeast Quarter;thence North to e point on North line of Ramps 23, EXCEPT that pat d the Fast 30 feet of rhe above described property whit h lies said Southeast Quarter 90 feet East of the Northwest corner of the East Half d said Southeast msouthQuarter thereof;thence East to the point of beginning,EXCEPT that part of the East 30 feet of ALSO y of the centerline of Long Lake Road. Wthe above described property which lies southerly d the centerline of Lang Lake Road. That part of the West 100 feet of the East Half of the Southeast Quarter of Section 35,Township TLat part of the following described propertySO 118 North,Range 23 West dile 6th Principal Meridian,which Iles northerly d"Una A",said"Line That part of the East Half of the Southeast Quarter of Section 35,Township 118 Nath, A"bang described as follows:Commencing at the Northwest corner of said East Half of the Range 23 West of the lith Principal Meridian,described as follows Beginning ai a point southeast Quarter;thence southerly along the West line of said East Haifa distance of 52.94 feet 3to the point of beginning of said'Una A';gene North 89 degrees 53 minutes East(for purposes assumed to have a a on the North Ike of said Southeast Quarter distant 899.3 fest West Otte East line of Half of the Southeast Quarter te.•0. -. w. d WM at tic said Southeast Quarter;thence South parallel with said East Ona to the Easterly fight of- bearing of South 89degrees 22 minutes 49 seconds East)distance of 150efeet,and said"Line • ” a s.0 11•M,aE w,ti n ss way lee of U.S.Trunk Highway No.12;thence southeasterly along said easterly right-of- A'there ending. I /' - way One to a goldwith 799.8 feet West of the East line d said Southeast Quarter thence ALSO , County road No.27);thence easterly along said centerlinesaid East line to the centerline of the Lto point Lake 5121 feet West d r este East line;thence North parallel with said East line to said North line;thence West That part of the following deeaNted propafy • That part d the East Flat of the Southeast Quarter d Section 35,Township 118 North, y F. along said North Ora to the point of beginning;except that part of said tract tying South d �230 West line of aim 5thSoutheast Principal Meridian,rdistant des899.3ibed f et Wes:Mlle Ea Beginning ata point 590.00NNfsaid Southe theast Quarter;thence SSoouth pparael with saiEastlinedthe eEas�liney rIght-of- d •r the South Ste of the North feet of said East of the Southeast Quarter Mich lies northerly alto centerline of Long Lake Road. Ons d U S.Trunk Highway No.12 thence waysoutheasterly along said easterly right o6 way line to a 7992 feet Wast of the East Urs of said Southeast Quarter;thence ' B. RINEHART PARCEL North with said East One to the centerline of the Long Lake Road(formerly I That pert d the West 90 feet d 1M East Half of the Southeast Quarter of Section 36,T County road No.27);thence easterly along said centerline to a.pofnt 76111 fest lhlast d Township said East line;thence North parallel with said East line to said North line;thence West 4 i 118 North,Range 23 Wed of the 6th Principal Meridian,which Iles Northeasterly of the along said North line to to paint of beginning;except that part d said tract lying South of Northeasterly tight of way line of State Highway No.1259Q the South line d the North 00 feet of said East Half of the Southeast Quarter 'MtiWhich lies northerlydto centerline of Long Lake Road.\ ; C. DAYTON PORTION TO BE DEEDED TO RINEHART !ID• The East 10 feet d the West 100 het d the North 239.5 het of the Eat Half of to Southeast RINEHART DESCRIPTION AFTER COMBINATION/DIVISION \` Quarter of Section EXCEPT that part of add East10 wihcownshlp 118 hRings h g23 West d to 5th Printial Meridian, That part d the West 90 feet of the East Half of the Southeast Quarter of sedlon 35,Township northerly d Line A said"Una A'being 118 North,Range 23 West d the 5th Principal Meridian,which Iles Northeasterly dire litii described as Mows: Conrrnndng at the Northwest corner of said East Half of the Southeast Northeasterly right of way line of State Highway No.12,and which lies southerly of the foibNMg \ t s1• Quarter;thence southerly along the West line d said East Half a distance of 52.94 feet to the deacrlbed"Line A`: point of beginningof said"Line A”;thence North 89 degrees 63 minutes East(for purposes of thisI A, I ,4Commendnp ai the Northwest corner of said East Half of the Southeast Quarter;thence e v.9ij description the North line of said East Half of to Southeast Quarter Is assumed to have a �\ 1 u, ¢ bearing of South 89 degrees 22 minutes 49 seconds East)a distance of 150 feet,and said"Line beglherlY along the West line of said East Half a distance of 52.94 feet to the point of beplminp dsaid"Line A";thence North 89 depreea 63 mbwtes Eat(for purposes d thisfflL 'A there endirhg, ad g of o lig the North step a 22 minus 49 sad East Half of seconds teat)east a distance duarter is ss 150 het,andsumed to have D. RINEHART PORTION TO BE DEEDED TO DAYTON id y,b,a A"the ,Tthat part dthe Wed 90 ht of to East Hat of the Southeast Quarter of Section 35,Townsh ALSO118 North Range 23 Whetd the 5th Prtndpai Meridian,which Iles northerly dke A",said line That part of the East 10 feet d the West 100 feet d the North 2395 feetdsaid East Halt which f" \ A"being described as Mows:Commencing at the Northwest corner of said East Half of theSoutheast Quarter;thence southerty Iles southerly of said Pine A". Eiti/�`` to the point of beginning of said'Line Ate";thence North 89 degrees 63 minutes East(for purposes a V"\ aide description the North line of said East Half of the Southeast Quarter Is assumed to have a 0 ,, bearing of 89 degrees 22 minutes 49 seconds Eat)a distanced 150 het,and said"Line ; 4 f� � N • \ • • yo\ \ z• a 0a • Y. 03 • W '7 6 O .