HomeMy WebLinkAboutResolution 7203 •
LAND TYPE Abstract (A)
DOC NUM 10994308
Certified, filed and/or recorded on
Aug 10, 2021 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie acting, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 2292473C
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
y� G,E NO. 7203
t'txFsxoR�'
A RESOLUTION VACATING
A PORTION OF THE SANITARY SEWER EASEMENT
DESCRIBED IN DOCUMENT 4160083,
HENNEPIN COUNTY,MINNESOTA
FILE NO. LA21-000043
WHEREAS, the City of Orono is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, on May 19, 2021, Onyx Performance Investments, LLC,
(hereinafter the"Applicant"), applied for vacation of a portion of the Sanitary Sewer Easement
within 135 Orono Orchard Road North, PID 3411823440035 legally described and depicted in
Exhibit A,hereinafter"Easement":
WHEREAS,on June 21,2021,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 June 21,2021,the Planning Commission voted 6 in favor of
and 0 against a motion to recommend approval of the requested vacation;and
WHEREAS, on July 12, 2021, the City Council reviewed the application
and the recommendations of the Planning Commission and City staff; and
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 established in 1975 and has not been used in the
intervening years, is not anticipated to be used and as a result the Easement
is no longer necessary.
2. There are no drainage or utility improvements within the Easement.
3. The applicant agrees to provide an alternative location for the easement in a
location acceptable to the city.
4. The City Council finds that the existing Easement to be vacated has no
apparent present or future benefit to the public.
Page 1 of 5
(---‘)...0At,_,\ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
7203
F'‘„,..._ G
�IkESHo9-
NOW, THEREFORE, BE IT RESOLVED, that the vacation of the
sanitary sewer easement area as described above is hereby granted by the City Council of the
City of Orono on this 12th day of July,2021.
ATTEST:
/ / f 1
/ ` 1' Niktri
Anna Carlson, City Clerk Dennis Walsh,Mayor
Page 2 of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL 7
NO. • 2 0 3
iosHOiLl‘
Exhibit A
A 35-foot perpetual easement and a 100-foot width temporary construction easement for sanitary sewer
purposes over, underand across the following described property:
That part of Subdivision No. 1 of the Southeast Quarter of the Southeast Quarter, Subdivision No. 1
of the Southwest Quarter of the Southeast Quarter and Subdivision No. 1 of Lot 3,Section 34,
Township 118,Range 23,described as follows: Beginning at a point in the East line of said
Section 34,which point is 340 feet South of the Northeast corner of the Southeast Quarter of the
Southeast Quarter of said Section: thence running Southwesterly, making an angle to the right of
36 degrees,45 minutes from said East line of said Section a distance of 220 feet to the center line of
the bed of the creek which flows from Long Lake in Town of Orono Southwesterly into Mud Lake
near Lake Minnetonka:thence following the center line of the bed of said creek in a Westerly and
Southwesterly direction to a point in the center line of said creek distant 180 feet Northeasterly
from the Southwest corner of said Quarter-Quarter section thence in a straight line Southwesterly to
said Southwest corner;thence Easterly to the Southeast corner of said Section;thence North to the
beginning.
Said perpetual easement being 17.5 feet on each side of the following described line and said temporary
construction easement being 37.5 feet to the right and 62.5 feet to the left of the following described line.
Said line described as follows:
Commencing at the Southeast corner of Section 34,Township 118,Range 23:thence on an assumed
bearing of North 0 degrees, 53 minutes 11 seconds East along the East line ofsaid Section 34 a
distance of 815.77 feet to the beginning of the line to be described:thence South 69 degrees, 07
minutes, 45 seconds West 141.60 feet;thence South 45 degrees 34 minutes 40 seconds West
119.82 feet;thence South 68 degrees 00 minutes 45 seconds West 167.63 feet;thence South 85
degrees 57 minutes 14 seconds West 508.09 feet:thence South 43 degrees 53 minutes 45 seconds
West 569.13 feet;thence South 1 degree 29 minutes 43 seconds West 160.91 feet to a point on the
South line of said Section 34 distant 1266.39 feet West ofthe Southeast corner of said Section 34
and there terminating.
The side lines of said easements are prolonged or shortened to terminate on the boundary lines
of the above described parcel of land.
Also a 35-foot perpetual easement and a 100-foot temporary construction easement for sanitary
sewer purposes over,under and across the following described property:
Page 3 of 5
�0�
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A
NO. 7203
F G
`i' SHO
All of that part of the Northeast Quarter of the Northeast Quarter of Section 3, Township
117 North, Range 23 West of the 5th Principal Meridian,lying North of a line described as
follows: Commencing at a point on the East line of said quarter-quarter Section distant 457.5
feet South of the Northeast corner of said Section 3:thence running South 67 degrees 10
minutes West a distance of 570.5 feet:thence running Southwesterly on a right curve with a
radius of 5729.65 feet,a distance of 333.45 feet to a point on West line of said Quarter Section
distant 368 feet North of the Southwest corner of said quarter-quarter section.
Said perpetual easement being 17.5 feet on each side of the following described line and said temporary
construction easement being 37.5 feet to the right and 62.5 feet to the left of said following described
line.Said line is described as follows:
Commencing at the Northeast corner of the Northwest Quarter of Section 3, Township 117,
Range 23: thence on an assumed bearing of North 89 degrees 28 minutes 02 seconds West
along the North line of said Northeast Quarter a distance of 1266.39 feet to the beginning of
the line to be described;thence South 1 degree 29 minutes 43 seconds West 615.73 feet;
thence South 65 degrees 53 minutes West 336.58 feet;thence South 23 degrees 02 minutes 51
seconds West 300.04 feet and there terminating.
The side lines of said easement are prolonged or shortened toterminate on the boundary line of the
above described parcel of land.
Said temporary construction Easement expires December 31, 1976.
Page 4 of 5
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Ai.."" RESOLUTION OF THE CITY COUNCIL
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