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Doc No A10692882
Certified, filed and/or recorded on
Aug 20, 2019 8:58 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1861884E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF e NO. 1005
'41KESHO
A RESOLUTION VACATING
A PORTION OF THE PERIMETER
DRAINAGE AND UTILITY EASEMENT
WITHIN THE PLAT OF SMITH-DETTLOFF,
HENNEPIN COUNTY, MINNESOTA
FILE NO. LA19-000052
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, on June 21, 2019, Sven Gustafson, (hereinafter the
"Applicant"), applied for vacation of a portion of the perimeter drainage and utility
easement within Lot 1 and Lot 2, Block 1, Smith-Dettloff Addition legally described as
follows and as depicted on Exhibit A:
That part of the drainage & utility easements lying within 5 feet on each
side of the lot line between Lots 1 & 2, Block 1, SMITH DETTLOFF
ADDITION, except the north 5 feet and except that part platted in ORONO ORCHARD
HILLS, Hennepin County, Minnesota. (hereinafter the"Easement");
WHEREAS, on July 15, 2019, after published and mailed notice in
accordance with Minnesota Statutes and the City Code,the Planning Commission held
a public hearing, at which time all persons desiring to be heard concerning this
application were given the opportunity to speak thereon; and
WHEREAS, on July 15, 2019, the Planning Commission voted 6 in
favor of and 0 against a motion to recommend approval of the requested vacation;and
WHEREAS, on July 22, 2019, the City Council reviewed the
application and the recommendations of the Planning Commission and City staff; and
Page 1 of 3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
7005
G
t�&ESHO
WHEREAS, the Orono Council finds the vacation as proposed is in
keeping with the public interest and in consideration of the following findings:
1. The Easement was associated with a subdivision exception whereby
the common boundary between Lot 1 and Lot 2, Block 1, Smith-
Dettloff Addition was moved to the south to enlarge Lot 1. And as a
result the Easement was orphaned, and is no longer necessary.
2. There are no drainage or utility improvements within the Easement.
3. As part of the plat of Orono Orchard Hill a new, 10-foot perimeter
drainage and utility easement was dedicated on the northern boundary
line of Lot 1,Block 1,Orono Orchard Hill in the place of the Easement
to be vacated.
4. The City Council finds that the existing, orphaned Easement to be
vacated has no apparent present or future benefit to the public.
5. The City Council finds that:
a. The vacation does not affect access to or use of any adjoining
property.
b. The City does not intend to develop, improve, or use the
existing Easement.
c. A new drainage and utility easement in favor of the City was
dedicated on the plat of Orono Orchard Hill.
NOW, THEREFORE, BE IT RESOLVED,that the vacation of the
drainage and utility easement area as described above is hereby granted by the City
Council of the City of Orono on this 22nd day of July, 2019.
ATTEST:
j • , %fool
• nna Carlson, City Clerk Dennis Walsh, Mayor
Page 2 of 3
•
7005
Resolution No.
Exhibit A
1 #LA19-000052
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PROPOSED EA SEMEN T VA CA TION
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THAT PART OF THE DRAINAGE AND UTILITY EASEMENT LYING WITHIN o
5 FEET ON EACH SIDE OF THE LOT LINE BETWEEN LOTS 1 AND 2,
BLOCK 1, SMITH DET TL OFF ADDITION EXCEPT THE NORTH 5 FEET
AND EXCEPT THAT PART PLATTED IN ORONO OROHIED9 HILLS.
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