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RESOLUTION OF THE CITY COUNCIL /�
\9kEs� NO. r
A RESOLUTION APPROVING
THE VACATION O,
A DEDICATED DRAINAGE & UTILITY EASEMENT (.1e7y1f#
WITHIN LOT 2 BLOCK 1 EAST WILLOW WOODS
-FILE NO.2657
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,Clifford and Louise Otten(hereinafter the "applicants")are owners of
Lot 2, Block 1, East Willow Woods, Hennepin County, Minnesota; and
WHEREAS,the applicants have requested that the City of Orono(hereinafter"City")
vacate a portion of the drainage and utility easements dedicated to the public within the plat of East
Willow Woods, such easement portion to be vacated legally described as follows:
The following portion of Drainage and Utility Easement granted to the public
in the plat of East Willow Woods, Hennepin County, Minnesota:
That portion of the 10 foot Drainage and Utility Easement located
along and abutting the south line of Lot 2, Block 1, East Willow
Woods, Hennepin County, Minnesota. except that portion located
within 10 feet of the east line of said Lot 2, and except that portion
lying within 150 feet-of the south right-of-way line of U.S. Trunk
Highway 12 as shown in the plat of LONG LAKE COMMERCIAL-
INDUSTRIAL PARK
(hereinafter "the drainage easement"); and
WHEREAS, after due published and mailed notice, the Orono Planning
Commission held a public hearing on January 17, 2001 regarding said easement vacation, at
which time all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
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CITY of ORONO
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WHEREAS, after due standing and consideration, the Planning Commission
recommended approval of the requested easement vacation and the City Council of the City of
Orono finds that said easement vacation, as proposed, is in keeping with the public interest in
consideration of the following findings:
1. The easement vacation is in fulfillment of the conditions of the Road Agreement
executed by and between the City, the applicants and Green Valley Associates
in February 1999. That Agreement resulted in the applicants' acquisition of the
"Brimhall Triangle", a small parcel of land in the City of Long Lake adjacent
to Highway 12 across from Brimhall Avenue. This land was encumbered by
Highway Easements which MnDOT concluded were no longer needed, and
applicants were enabled to acquire the parcel from the underlying owners, subject
to conditions which gave the City and Service 800 certain drainage, utility and
road easements to make this a useful vehicular access point for Service 800 and
the adjacent properties in the future.
2. As part of the aforesaid Road Agreement, the City agreed to vacate the 10'
Drainage and Utility Easements in Otten's property adjacent to the Brimhall
Triangle, in exchange for new easements along the new Highway 12 right-of-way
line, which have been granted. This application is in fulfillment of the City's
obligation under the Agreement.
3. The vacation does not affect access to or use of any adjoining property.
4. The City has not and does not intend to develop, improve or use the easement
portion to be vacated.
5. The appropriate utility companies have been contacted and none are opposed to
the vacation.
6. The easement portion as it currently exists serves no public purpose.
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CITY of ORONO
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( � c., RESOLUTION OF THE CITY COUNCIL
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NOW, THEREFORE BE IT RESOLVED, that the petition of Clifford and
Louise Otten is hereby granted and that the portion of drainage and utility easement as legally
described above is hereby vacated.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 12th day of February, 2001.
ATTEST:
Linda S. Vee, City Clerk Barbara Peterson, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
February, 2001 by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
l RACHEL DODGE
' NOTARY PUBLIC.-MINNESOTA l _
t,„,'° .: My Commission Expires Jan.31,2005
Notary Public
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