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O <br /> O O <br /> ti <br /> CITY of ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> S 11D NO. 5 4 8 5 <br /> A RESOLUTION APPROVING A SUBDIVISION <br /> OF A LOT LINE REARRANGEMENT FOR PROPERTIES <br /> LOCATED AT 980, 1045 AND 1055 FERNDALE ROAD WEST <br /> FILE #2269 <br /> WHEREAS, the City of Orono is a municipal corporation organized and existing <br /> under the laws of the State of Minnesota; and <br /> WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted <br /> subdivision regulations for the orderly, economic and safe development of land within the City; <br /> and <br /> WHEREAS, the City Council has considered the application for a subdivision of <br /> a lot line rearrangement by Conley Brooks, Jr. and Carol G. Brooks, husband and wife, and <br /> Gerald T. McCourtney (collectively hereinafter "the applicants") of properties located at 980 <br /> Ferndale Road West (Brooks), 1045 Ferndale Road West (former Henry Skarp property), and <br /> 1055 Ferndale Road West(McCourtney); and <br /> WHEREAS, the intent of the lot line rearrangement is to divide the 1045 <br /> Ferndale Road West parcel (former PIN #02-117-23 43 0024) into two parcels, the westerly <br /> parcel to be combined with 1055 Ferndale Road West (former PIN#02-117-23 43 0022), and the <br /> easterly parcel to be combined with 980 Ferndale Road West (including former PINs#02-117-23 <br /> 44 0019,#02-117-23 43 0003, #02-117-23 43 0005); and <br /> WHEREAS, after due published and mailed notice in accordance with Minnesota <br /> Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning <br /> Commission held a public hearing on July 21, 1997 at which time all persons desiring to be <br /> heard concerning this application were given the opportunity to speak thereon; and <br /> WHEREAS, the City Council on August 11, 1997 conceptually approved the <br /> application subject to a number of conditions including removal of structures from the Skarp <br /> property; Special Lot Combination if Hennepin County will not combine across Ferndale Road <br /> West; and submittal of clear evidence of property ownership; and <br /> WHEREAS, a lawsuit was subsequently filed by the adjacent property owner <br /> Charles Floyd of 960 Ferndale Road West with regards to ownership of portions of the property, <br /> which lawsuit was resolved in 2005, resulting in the District Court establishing new legal <br /> descriptions for the Brooks and Floyd properties, and which resulted in a portion of the Skarp <br /> property being owned by the Floyds; and <br /> Page 1 of 3 <br />