HomeMy WebLinkAbout#4973-sewer connect-2003 II I 111 11111 1 11 11111 1 11
Doc No 8327498 04/07/2004 04:07 PM
Certified filed and or recorded`on above date:
Office of the County Recorder
Hennepin Ci9kiity, Minnesota
Michael H. Cyrf°niff, County Recorder
r
Deputy 11 / TransiD 18867
Fees
,UO, 4473 $15.00 DO
POICK. $5.00S
$10.00 NS
52vW4474"` ^, 1 . $30.00 Total
x- s
P ►P M beIrm *et , . t S
‘----11‘)
OO
=A; ',1 _ CITY of ORONO
44 \\� iiisA k 4 RESOLUTION OF THE CITY COUNCIL
•
ikESK01" N 0.
�• :�� 164 A RESOLUTION GRANTING APPROVAL
FOR SEWER CONNECTION FOR
PROPERTY LOCATED AT
465-485 ORONO ORCHARD ROAD SOUTH
WHEREAS, Edward Hamm* (hereinafter"applicant") is the owner of property in
the City of Orono located at 465-485 Orono Orchard Road (hereinafter "the property") legally
described as follows:
Exhibit A attached; and
WHEREAS,the property is approximately 18 acres in area and contains a principal
residence structure containing 8 bedrooms and two individual guest house or caretaker house
structures each containing 1 bedroom,which would normally require 3 individual septic systems and
3 alternate drainfield sites; and
WHEREAS, the existing septic systems serving the 3 dwelling units are
interconnected and have exhibited intermittent failure for many years, and are also nonconforming
due to lack of 3' separation from the zone of seasonal saturation; and
WHEREAS,a site evaluation has been completed by a licensed Site Evaluator and
it has been determined that the property contains only two suitable drainfield sites instead of the six
that would normally be required, and use of such sites would have the following negative impacts:
1. Use of the tested sites would require continued interconnection of septic systems
serving three individual dwellings, and the associated complexities and problems
inherent in such interconnections.
*as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992, as
subsequently amended and restated in its entirety by Amendment and Restatement of Trust of
Edward H.Hamm dated October 10, 1995,and as further amended and restated by Amendment and
Restatement of trust of Edward H. Hamm dated February 26, 1999.
Page 1 of 5
. .
(iv,„, °�� CITYof ORONO
of
1.. 44
. �;'\‘
�3i•�t��M' C.) RESOLUTION OF THE CITY COUNCIL
4�'kESi104" NO.
2. Use of the suitable primary septic site would require the removal of at least three
mature pine trees and jeopardize other trees in the area; use of the alternate site
would similarly result in the removal of younger trees which provide screening and
would similarly jeopardize mature trees in the immediate area.
3. Both tested sites would place a drainfield less than the City minimum requirement
of 75' from the existing well.
4. The heavy clay soils on the site tend to create a somewhat higher risk of system
failure than other soil types, posing a potential threat to public health, safety and
welfare.
5. If the system failed, it would impact 3 separate dwellings, not just one; and
WHEREAS, the property is adjacent to the existing MUSA and is near existing
municipal sewer lines which can feasibly be extended to serve the property; and
WHEREAS,the property substantially meets the criteria established by the City for
use of the 50'floating' sewer units approved by the Metropolitan Council for properties outside the
MUSA boundary; and
WHEREAS, the applicant has indicated he will pay all costs associated with
extension of the existing municipal sewer, connection charges, etc. and will agree to permanently
limiting development of the 18-acre site to just 3 dwelling units,via deed covenants or other suitable
instruments; and .
WHEREAS,the Council finds that permanently limiting development ofthis 18-acre
parcel to 3 dwelling units would be in keeping with the City's rural low-density philosophy as
detailed in the Orono Community Management Plan, and would provide an ultimate level of
development that is suitable for the site given the various site development constraints including
wetlands, steep slopes, etc.; and
WHEREAS, the Council finds that, in combination,the factors and findings noted
above establish that this is a unique situation as compared to others, and that there is a substantial
basis to allow approval of the sewer connection subject to appropriate conditions.
Page 2 of 5
, ,
4:-(7)
O OCITY of ORONO
,, ),V44. p./
"$4� , G ,,,,,ti RESOLUTION OF THE CITY COUNCIL
ESII�4
NO.
WHEREAS,the City Council of the City of Orono previously adopted a Resolution
Granting Approval for Sewer Connection for Property at 465-485 Orono Orchard Road South on
April 12, 1999 as Resolution No. 4271, the Original of which was given to the applicant for
execution and either lost or destroyed; and the City Council and applicant wish by this resolution to
reconfirm the prior City Council resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota does hereby approve extension of municipal sewer to the property at 465-485 Orono
Orchard Road subject to the following conditions:
1. Applicant shall pay all actual costs associated with extension of a municipal sewer
line to the property boundary, upon billing of said costs to the applicant. The
extension of municipal lines shall be completed by a contractor hired by the City
based on a design to be completed by the City Engineer.
2. Additionally, applicant shall pay a connection charge for each of the three dwelling
units based on the current connection charge for the 1980-1 Minnetonka Bluffs
project, an amount equal to 3 x $10,930 per the current City fee schedule or a total
of$32,790. The connection charge shall be due prior to issuance of a connection
permit for each dwelling unit.
3. Additionally, 3 Sewer Availability Charge (SAC) units will be due at the time of
issuance of a connection permit for each dwelling unit.
4. Applicant shall execute a deed covenant in a form acceptable to the City Attorney that
permanently limits development of the property for residential uses to no more than
three (3) dwelling units. The three existing dwelling units may be replaced if
applicant chooses to do so, subject to all appropriate permits; and nothing in this
approval shall prohibit the applicant from developing the property into three
individual lots each containing one dwelling unit.
5. Applicant shall formally apply for and obtain a Guest House conditional use permit
(CUP) for the two guest/caretaker units on the property,prior to connection of said
units to the municipal sewer.
Page 3 of 5
. .
� �°
0 0
=-= CITYof ORONO
pa, Vii!` [- ,.,,\= �&
,� �' „1 ' G RESOLUTION OF THE CITY COUNCIL
,,..
EsBog'
6. The undersigned applicant has read,understood and hereby agrees to the terms of this
resolution and on behalf of himself,his heirs, successors and assigns,hereby agrees
to the recording of this resolution in the chain of title of the property.
s
NF Adopted by the City Council of Orono,Minnesota on this /2-41.1 day of M�� ,2003.
j
Oa,' 4..=-&-itiZii:.\L.---- -; -ft-er-7--- -i....)
L•'
' �9,S.Ilic1 ;: �V , C9 Clerk Barbara A. Peterson, Mayor
_ '11R .A�: �`l _
`Pro e Owner EdwarI H. . Trustee*
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 42-qday of 41 c y , 2003 by
Linda S. Vee and Barbara A. Peterson, City Clerk and Mayor respectively, of the city of Orono, a
Minnesota municipal corporation, on behalf of the municipal corporation.
CIA‘khl>.4,—CL3-&M.J...1.
NOTARY PUBLIC
4 }••''i. ALISSA A.WINTERNHEIMER
:wF w- NOTARY PUBLIC-MINNESOTA
= `
My Ccmmis'on E ,rc.,Jan.31,2006
Page 4 of 5
. .
4;?. Q./11
(O , O- CITY of ORONO
4 V Al
i'vlI G RESOLUTION OF THE CITY COUNCIL
�ESfI04' NO. cy
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this - nof day of (1ACt , 20 Or before me a Notary Public
within and for said county,personally appeared " c,,:J o .-t -j-\ , -�- -11,V / { fr{(_(;...:
known to me to be the person(s) described in and who executed the foregoing instrument, an
acknowledged that he(they) executed the same as his(their) free act and deed.
RACHEL DODGE a l_...ka_t_ .....R_.C. LAC(
NOTARY PUBLIC-MIN ?^OTA ,. NOTARY PUBLIC
My Commission Expires Jan.31,2005 i3O
*as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992, as
subsequently amended and restated in its entirety by Amendment and Restatement of Trust of
Edward H.Hamm dated October 10, 1995,and as further amended and restated by Amendment and
Restatement of trust of Edward H. Hamm dated February 26, 1999.
Page 5 of 5
EXHIBIT A ? '
1. That part of the Southwest Quarter, which lies North of the South line of the Northwest Quarter of the
Southwest Quarter,of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian described
as follows:
Beginning at the northeast corner of the Southwest Quarter of the Southwest Quarter of
said Section 2; thence South along the East line of said Southwest Quarter of the Southwest
Quarter a distance of 434.3 feet to a point designated and hereinafter referred to as "Point A";
thence northwesterly deflecting 101 degrees 43 minutes to the right from last described course a
distance of 182 feet; thence northwesterly on a tangential curve to the right with a radius of
4,687.5 feet a distance of 60 feet; thence northwesterly on a tangential curve to the right with a
radius of 222.45 feet a distance of 200 feet; thence northerly on a tangential curve to the right
with a radius of 237.56 feet a distance of 175 feet; thence northerly on a tangential curve to the
right with a radius of 527.42 feet a distance of 50 feet; thence northeasterly on a line tangent to
last described curve a distance of 62.55 feet to a point in the South line of the Northwest Quarter
of the Southwest Quarter of said Section 2 distant 360 feet West of the point of beginning;
thence continuing northeasterly on an extension of last described course a distance of 48.55 feet;
thence northerly on a tangential curve to the left with a radius of 181.4 feet a distance of 100
feet; thence northwesterly on a tangential curve to the left with a radius of 283.7 feet a distance
of 125 feet; thence northwesterly on a line tangent to last described curve a distance of 267.4
feet; thence northwesterly deflecting 2 degrees 23 minutes to the left from the last described
course a distance of 169.3 feet; thence northwesterly and westerly on a tangential curve to the
left with a radius of 61.13 feet a distance of 64.62 (43.01 measured) feet, more or less, to a point
designated and hereinafter referred to as "Point B", said point being in the West line of the East
Half of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of highway
upon easterly side thereof, said East Half being ascertained after taking from the Northwest
Quarter of the Southwest Quarter of said section said highway upon easterly side, and which
"Point B" is 636.66 (625.61 measured) feet North of the southwest corner of said East Half so
ascertained; thence North along the West line of said East Half so ascertained a distance of
679.85 feet to the northwest corner thereof; thence East along the North line of the Southwest
Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest
Quarter of said Section; thence South along the East line of the Northwest Quarter of the
Southwest Quarter of said Section to the point of beginning.
Subject to and together with an easement for right of way for driveway purposes over a
strip of land along the southerly and westerly boundary lines of the premises above described
and extending from above designated "Point A" along said boundary line to above designated
"Point B", said strip of land being 16 feet in width, 8 feet on each side of the line forming the
southerly and westerly boundary of the premises hereinabove first described.
Also subject to public easement in existing highways.
2. Also that part of the Southwest Quarter of said Section 2, Township 117, Range 23, described as
follows:
Beginning at the northeast corner of the West Half of the Northwest Quarter of the
Southwest Quarter of said Section 2 exclusive of the highway upon easterly side thereof; said
West Half being ascertained after taking from Northwest Quarter of the Southwest Quarter of
-3-
. rt/
said Section 2 said highway upon easterly side; thence South along the East line of said West
Half so ascertained a distance of 679.85 feet,more or less, to a point distant 636.66 feet North of
the southeast corner of said West Half; thence deflecting right at an angle of 83 degrees 53
minutes on a line bearing South 83 degrees 53 minutes West a distance of 33.68 feet; thence
South 82 degrees 41 minutes West a distance of 66.32 feet; thence northwesterly in a straight
line 710.6 (721.11 measured) feet, more or less, to a point in the North line of the Southwest
Quarter of said Section 2 distant 237 feet West of the point of beginning; thence East along said
North line 237 feet of the point of beginning.
Subject to an easement for right of way for driveway purposes over the southerly 16.5
feet of said last described tract. And together with an easement for like purposes over a strip of
land 16.5 feet in width lying southerly of and immediately adjacent to the southerly line of the
premises hereinabove last described, and between the southerly extensions of the easterly line
and westerly line of said premises last described.
#405833v3:LBG:04/03/2000
•
-4-