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',r • � rl Y O ♦O C ITY OF ORONO RESOLUT'ION OF THE CIT'Y COUNCIL � � � G� 6420 NO. r�kESHO�� A RESOLUTION VACATING THE UTILITY EASEMENTS GRANTED WITHIN HENNEPIN COUNTY DOCUMENTS NO. 1488546 AND NO. 4749663 FILE NO. 13-3631 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Landsource, LLC (hereinafter the `Applicant') on behalf of Real Assets II, LLC (hereinafter the `Fee Owner') has requested vacation of utility easements granted to the City of Orono in 1982 via Hennepin County Documents No. 1488546 and No. 4749663 over the property located at 3700 Northern Avenue (hereinafter the `Property') within the City of Orono and legally described in Exhibit A (attached); and WHEREAS,the easement(s)to be vacated are legally described as follows: (Doc. No. 1488546): The southerly 30 feet of Tract B and Tract C, Registered Land Survey# 763, Hennepin County, Minnesota. and (Doc. No. 4749663): The Southerly 30 feet of: The South 2/3 of the West 3/4 of Lot 9, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota. WHEREAS, after due published and posted notice, a public hearing was held by the Orono City Council on July 14, 2014 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, the Orono City Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The two easements to be vacated were granted to the City in 1982 for construction of City utilities to serve the Northern Avenue neighborhood. These easement documents contain faulty legal descriptions, in that each fails to take into account or incorporate the adjacent property comprising Vacated Northern Avenue. The incorrect descriptions placed the easements over the southerly 30' of Tracts B and C, RLS #763, and the southerly 30' of Lot 9, Block 10, Townsite of Langdon Park. Page 1 of 3