HomeMy WebLinkAboutResolution 7088 11 11 111 111111 11 11 11
LAND TYPE Torrens (T)
DOC NUM 5748740
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 2067651E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1409648
This cover sheet is now a permanent part of the recorded document.
SLO.A,"O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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`� NO. 7088
A RESOLUTION VACATING A PORTION OF CONSERVATION EASEMENT
DEDICATED WITH THE PLAT LAKEVIEW OF ORONO
HENNEPIN COUNTY, MINNESOTA
L13B3
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
1
*1(4. CITY OF ORONO
RESOLUTION OTS'[HE CITY COUNCIL
7088 cNO.
4EsHOV
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:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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50 25 0 25 so • 100 EASEMENT VACATION DESCRIPTION
The flowage and conservation easement per
SCALE IN FEET Hennepin County document number T05284392
embraced within Lot 13,Block 3,LAKEVIEW
OF ORONO,according to the recorded plat
_ — _ _ _ _ 7 thereof,Hennepin County,Minnesota.
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/ Easement Vacation Area:67,089 sq.fl.
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/ Easement Vacation Area
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"iii suq` Scclion 06-Township Il7-Range 23 JOB 6:64685.040 REVISIONS
S t SATHRE-BERGQUIST, INC. EASEMENT VACATIONEXHIBI SHEET:VAC-L13,83
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CHECKED BY:DBP
'Soo. iLNC NORTON HOMES DATE:01/17/2020
STATE OF MINNESOTA )
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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 and the Corporate seal of the
City this 28th day of April, 2020.
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Anna Carlson, City Clerk
(seal)
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