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WHEREAS, the lot line rearrangement request is intended to resolve a historical encroachment issue and result in formal City approval of a deed exchange that occurred in 1986, but which never received City approval. The cabin on the Easterly Parcel encroaches approximately 1.4' onto the Westerly Parcel. The proposed 1 O' property exchange results in the cabin being completely located within the new eastern parcel and 8.6' from the new lot line. While the cabin will not meet the City standard of a 1 O' side lot line setback, the encroachment over the lot line is eliminated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the lot line rearrangement of the above referenced property by the applicants as shown on the certificate of survey by James H. Parker, a licensed surveyor of Advanced Surveying & Engineering Co. dated November 4, 2004, as attached in Exhibit "A", subject to the following conditions: 1. Applicants shall provide a title opinion for the properties confirming ownership and encumbrances. 2. Nothing in this approval shall be construed as granting variances to setbacks, hardcover or other building location, lot size or development standards established by the City of Orono 3. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with either the Hennepin County Recorder's Office or Registrar of Titles Office on or before February 8, 2006 together with a certified original copy of this resolution. 4. The approval granted by this resolution shall expire if the division has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Adopted by the City Council of Orono, Minnesota this 8th day of August, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Page 2 of 3