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40 <br />• <br />• <br />n <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2594 <br />A RESOLUTION <br />APPROVING THE AMENDMENT OF A <br />DRAINAGE EASEMENT WITHIN <br />LOT 6, BLOCK 1, FARVIEW <br />WHEREAS, the City of Orono, is a Municipal Corporation, <br />organized and existing under the Laws of the State of Minnesota; <br />and <br />WHEREAS, the Council of the City of Orono has adopted <br />regulations for the orderly, economic, and safe development of <br />land within the City; and <br />WHEREAS, per a recent survey of a property located at <br />3059 Farview Lane, owned by Dennis E. Evans and Mary Jayne Evans <br />(hereinafter "owners"), legally described as Lot 6, Block 1, <br />Farview, Hennepin County, Minnesota (hereinafter "property") the <br />residence structure was found to encroach 5' into a drainage <br />easement as shown on a survey dated January 5, 1989, revised <br />March 8, 1989, by Theodore D. Kemna, a licensed Land Surveyor <br />(License #17006) of Schoell and Madson, Inc.; and <br />WHEREAS, the owners are in the process of selling the <br />property and have been notified by the title company for the <br />perspective buyer that this encroachment represents a serious <br />title problem that must be resolved prior to confirmation of <br />sale; and <br />WHEREAS, the City has agreed to amend the original <br />survey line of the drainage easement as it affects the property <br />with the granting of a quit claim deed of that portion of the <br />drainage easement involved with the structural encroachment, <br />finding the newly defined easement line does not encroach or have <br />any negative impact on the adjacent wetlands area. <br />NOW, THEREFORE BE IT RESOLVED, that the City Council of <br />the City of Orono hereby approves the amendment of the drainage <br />easement within Lot 6, Block 1, Farview, as described in the <br />legal description prepared by Harold E. Dahlin, licensed Land <br />Surveyor (#8414), of Schoell and Madson, Inc., attached to this <br />resolution as Exhibit "A", and hereby grants a quit claim deed <br />that will release or vacate all interest in that portion of the <br />drainage easement to the owners and further directs its Mayor and <br />Clerk to execute the quit claim deed. <br />