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HomeMy WebLinkAboutResolution 7092 11111 11111 11 111 1 1111 II II LAND TYPE Torrens (T) DOC NUM 5748736 Certified, filed and/or recorded on Sep 21, 2020 11:55 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 122 Pkg ID 2067651 E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1409632 This cover sheet is now a permanent part of the recorded document. SONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7092 <11(EsHo�`� A RESOLUTION VACATING A PORTION OF CONSERVATION EASEMENT DEDICATED WITH THE PLAT LAKEVIEW OF ORONO HENNEPIN COUNTY, MINNESOTA L21 B1 FILE NO. LA20-000012 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on February 14, 2020, Chase Peterson o/b/o Source Land Development, Inc., (hereinafter the"Applicant"), applied for vacation of portions of the Grant of Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands (the "Conservation Easement") recorded with the Hennepin County Recorder on August 25, 2015, as Document No. T05284392 within the plat of Lakeview of Orono over property legally described and depicted on Exhibit A attached hereto (hereinafter "Subject Property"); and WHEREAS, the Applicant's request includes dedication of new conservation easement areas resulting in a net increase of approximately 16,000 square feet of conservation area within Lakeview of Orono; and WHEREAS, on March 16, 2020, 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 March 16, 2020, the Planning Commission voted 4 in favor of and 2 against a motion to deny the requested vacations of the Conservation Easement; and WHEREAS, on April 13, 2020, the City Council considered the request to vacate a portion of the Conservation Easement; and WHEREAS, the City Council has reviewed the application, the public input, the recommendations of the Planning Commission, and City staff; and • CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7092 IAESHOR� WHEREAS, following the hearing and consideration of the proposed vacation, the Council has determined that it is in the public interest to vacate the Conservation Easement as it affects the Subject Property. WHEREAS, the City Council finds that vacation of portions of the Conservation Easement are in the interest of the public. Environmental sensitivity was a driving factor during the creation of the Lakeview of Orono development supporting the establishment of the Conservation Easement. The new dedication of areas proposed to be added to the Conservation Easement enhance environmental protection; and WHEREAS, the Applicant has provided evidence that the lots deemed "unbuildable" by the developer are in fact unbuildable. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orono that the portion of the above-described Conservation Easement as it affects the Subject Property is hereby vacated, subject to the City receiving a revised Conservation Easement in a form acceptable to the City. Adopted this 27th day of April, 2020, by the City Council of the City of Orono, Minnesota. ATTEST: Dj _,}11 •O' Anna Carlson, City Clerk Dennis Walsh, Mayor 2 _ _ / 0 7 / , /, - ,, 09 I` ' / 9j~9 Cos ,,, I 4 6 t 1 e k, ) / 940 20 / / / / AY ti Z. 4 I 1 // CC-� V/ / r` I Vy \/ 21 / r - -`1 A� / l / BLOCK 1 ,�� ,° as / v I / H h� Pa0 1 / L ,„ {�Qty. 70 // 086;347,1 43- OUTLOT B / SB623954EW " ,i3.4//:/ / Nn P pN 6, \ I .;,.4 _,,,m a Z a S89.19'05"E 149.05 �� ir A., 'iv '7/! I I namanne ANO UTILITI,AMUN1(A(E SHOWN 3r / IIL'EWNMOM ABELED c0ww7LAt.WU O LABELED A.1 MOWN iEASEMENT VACATION DESCRIPTION The flowage and conservation easement per Hennepin County document number T05284392 embraced within Lot 21,Block 1,LAKEVIEW OF ORONO,according to the recorded plat thereof,Hennepin County,Minnesota. it Easement Vacation Area:37,796 sq.ft, ( 1;727-2.1 Easement Vacation Area I lis NpR1N 50 25 0 25 50 100 . . room= . . . - SCALE IN FEET °w, (0,i Section 06.Township 117.Range 23 JOB(:84885.040 REVISIONS 1 % SATHRE-BERGQUIST, INC. EASEMENT VACATION EXHIEI SHEET;VAC-L21.81 DRAWN BY:JJA r PREPARED FOR A # 160 SOUTH BROADWAY WAYZATA,MND 66391(952)4764000 W CHECKED BY:DBP ° ((' o. NORTON HOMES DATE:01/17/2020 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono,Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April 27, 2020 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk . ,d the Corporate seal of the City this 28th day of April,2020. AAI I . 1h • a Carlson, ity Cler (seal) y A .y.J {3 •,,!Xrr dl av!r