04-22-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7474 1 230694v1 A RESOLUTION APPROVING ACCEPTANCE OF AN EASEMENT FOR PUBLIC ROAD PURPOSES (FOX STREET) AND AN EASEMENT FOR PUBLIC ROAD PURPOSES (ORONO ORCHARD ROAD SOUTH) AND APPROVING AN ASSENT TO REGISTRATION OF THE TITLE TO CERTAIN LAND IN THE CITY OF ORONO WHEREAS, the City of Orono (“City”) is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Edward H. Hamm, Jr., as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 (“Owner”), is the owner of certain real property located at 485 Orono Orchard Road South in the City, which property is legally described as set forth in Exhibit A, attached hereto and incorporated herein (the “Property”); and WHEREAS, the Owner has applied to register the title to the Land, Hennepin County Court File No. 27-ET-CV-22-66; and WHEREAS, because a portion of the Property is bisected by Fox Street and bordered on the east by Orono Orchard Road South, and because the City has recorded documents against the title to the Property (as identified below), the Owner named the City as a defendant in the registration matter; and WHEREAS, during the registration process, the Hennepin County Examiner of Titles identified that no document of record established right of way for the southerly 33 feet for what is improved by the City as Fox Street, as is legally described and depicted on Exhibit B, attached hereto and incorporated herein; and WHEREAS, the Hennepin County Examiner of Titles also identified that no document of record established right of way for the east 33 feet, north of Fox Street, for what is improved by the City as Orono Orchard Road South, as is legally described and depicted on Exhibit C, attached hereto and incorporated herein; and WHEREAS, to resolve these discrepancies, and in light of the long use of these areas by the City for public street purposes, the Owner offered to grant permanent easements to the City in these locations for public street purposes; and WHEREAS, the easements granted by the Owner will be recorded against the Property by the Owner as part of the registration of the Property; and WHEREAS, the Hennepin County Examiner of Titles further identified that sections of fence have been erected on the Property, extending north to south along Orono Orchard Road South, and lies within and encroaches upon the easement area that is legally described and depicted on Exhibit C; and 81