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Home My Public Portal About1977-040Member moved its adoption: introduced the following resolution and CITY OF MEDINA RESOLUTION NO. 7 %- 610 RESOLUTION ESTABLISHING PRIVATE DRIVEWAY POLICIES WHEREAS, Ordinances of the City of Medina provide that no building permit shall be issued for property which does not front on a public road or an approved easement and WHEREAS, it is in the public interest to permit the use of private driveway wherever possible, while at the same time retaining public control over the standards by which such driveways are built; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina that applications for the use of a private driveway for more than one dwelling unit will be approved, within the discretion of the City Council, on the condition that the owners of the real estate served by the private driveway enter into a Development Agreement and Covenants in substantially the form which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the following information be made available to the City Council before an application for a private driveway is placed on the agenda: 1. A certificate of owners and encumbrancers certifying the record owners of the property, all mortgagees, together with a statement from the record owner listing persons who hold unrecorded interests such as a Contract for Deed or Purchase Agreement; 2. A concise legal description of all real estate to be served by any present and future private driveways or public roads; 3. A report from the City Engineer and/or the Director of Public Works certify- ing that the location of the proposed driveway or road is technically feasible; 4. A sketch or survey, if applicable, of any proposed divisions of the subject property; 5. The name of the individual owner, or agent thereof who will be responsible for the payment of Administrative Costs; 6. The proposed location of the driveway together with a concise legal description thereof; s 7. Any other pertinent information requested by the Zoning Administrator of the City of Medina. BE IT FURTHER RESOLVED that upon presentation of the application with the above described information, and approval thereof by the City Council the City shall direct the City staff to prepare the Development Agreement and Covenants in accordance with the information provided and any special conditions attached by the City Council, and shall authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City. BE IT FURTHER RESOLVED that the members of the City staff shall forward to the City Clerk forthwith a statement of the time and materials expended in the pro- cessing of the application and the City Clerk is hereby directed to calculate the cost thereof and collect the said sum from the designated owner upon execution of the De- velopmentAgreement and Covenants. ��.ig, i9-7 Date ATTEST: CALe9/41k)tu.kd Clerk A )1-t-e4 Mayor The motio�n�yyfor the adoption of the foregoing resolution was duly seconded by member ,t d .i-`ThC?&s and, upon vote being taken thereon, the following voted in favor thereof: �,,p rr1¢y -r, - r eAll', C cr o s b y i i.s e-,- and the following voted against the same whereupon said resolution was declared duly passed and adopted. DEVELOPMENT AGREEMENT AND COVENANTS THIS AGREEMENT is made this day of 19 between the City of , Hennepin County, Minnesota, a municipal corporation, hereinafter called the CITY and hereinafter referred to as the OWNERS. WHEREAS, the OWNERS have an interest as (fee owners) and/or (Contract for Deed Holders) in the real estate described on the attached Exhibit A: and WHEREAS, the OWNERS intend to provide for the construction of a number of single family dwellings and other accessory buildings upon the said property, said dwellings to be served by a private driveway, constructed upon a 60 ft. easement, the locations and timing of the dwelling units and easement to be determined in the future; and WHEREAS, the construction of more than one dwelling unit upon a private driveway requires approval of the CITY. NOW, THEREFORE, the OWNERS hereby declare that the real estate described in Exhibit A shall be held subject to the following covenants which shall run with the land and be binding upon the OWNERS, their heirs, succes- sors and assigns, and shall inure to the benefit of the CITY and each of the OWNERS herein named. The CITY contracts with the OWNERS and the OWNERS covenant and agree among themselves and contract with the CITY that the OWNERS shall construct a driveway upon said easement, said driveway to serve the dwelling units proposed to be constructed upon the property described in Exhibit A, and to serve the incidental agricultural and residential uses of the property described in Exhibit A. Subject to the EXCEPTIONS hereinafter noted, said driveway shall be constructed in accordance with the City Standards for Poad Construction as the same are applicable to cul-de-sac streets, all subject to the approval of the City Engineer. Road drainage questions, removal of organic materials from the roadbed, and other construction matters shall be subject to the approval of the City Engineer. The site location of the drive- way shall be subject to the approval of the City Council. EXCEPTIONS: City Standards relative to the width, type and quality of the grading, base and surfacing of said driveway shall not be controling but shall be within the sole discretion of the OWNERS. All costs of the construction of said driveway, including surveys, staking, materials, labor and engineering fees shall be borne by the OWNERS as they among themselves may determine. Unless and until said driveway is upgraded to City Standards for grading, base and surfacing, and dedicated to the public, all maintenance shall be performed and all costs of maintenance, including snow removal, grading, gravel, culvert repair and other matters shall be borne by the OWNERS as they among themselves determine. DRIVEWAY UPGRADING: At such time as any portion of said driveway shall serve more than two dwelling units as the same are defined in the City Zoning Code, that portion of said driveway serving more than two dwell- ing units shall be upgraded to the then existing City Standards for cul-de-sac streets and dedicated to the public; PROVIDED HOWEVER that any require- ment of placing blacktop upon the upgraded street shall be waived unless: (1) The upgraded street serves more than five dwelling units; (2) The pro- perty described in Exhibit A is subdivided in any tract of less than five acres. Upon the occurrence of either condition, blacktop shall be applied to the street in accordance with the then existing City Standards for grading, base and sur- facing. Upon upgrading of the street and dedication thereof, the CITY shall, at its own expense, maintain said upgraded street in accordance with the then existing City Standards for maintenance. COST OF UPGRADING: The cost of grading, base and surfacing according to City Standards, including the eventual cost of the grading, base and blacktop surface of the upgraded street, shall be borne by the OWNERS, their heirs and assigns, as they among themselves may determine. No Building Permit for any dwelling unit shall be issued upon any land subject to this AGREEMENT unless the OWNERS, their heirs or assigns have complied with all applicable provisions of this Contract. ADMINISTRATIVE COSTS: The owners agree, that prior to the delivery to them of this executed agreement, the City Clerk shall collect from one or more of the owners, the City's Administrative Costs in the amount of dollars, covering the City's out-of-pocket expenses in processing this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands this day of , 19 THE CITY OF By By Its Mayor Its Clerk OWNERS