HomeMy WebLinkAboutResolution 7086 111111 II 11 I 1111 I I Mil
LAND TYPE Torrens (T)
DOC NUM 5875486
Certified, filed and/or recorded on
Sep 10, 2021 2:51 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 2313222E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1434456
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7086
A RESOLUTION VACATING A PORTION OF CONSERVATION EASEMENT
DEDICATED WITH THE PLAT LAKEVIEW OF ORONO
HENNEPIN COUNTY, MINNESOTA
L7B3
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
7 08 6
NO.
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:
g,j D, - � �-- - /
Anna Carlson, City Clerk Dennis Walsh, Mayor
EASEMENT PER DOC.
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84392
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Sheet 1 oft Shcetx
JOB #: 64685-020 REVISIONS
NEASEMENT
SATHBRE-BERGQ INC.
VACATION EXHIBI
FIELD CREW: AT
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h 150 SOUTH BROADWAY WAV2ATA, MN. 55391 (952)4]6-6000
PREPARED FOR
DRAWN BY: JPR,JJA
CHECKED BY: JJA
NORTON HOMES
DATE: 1916/19
EASEMENT VACATION DESCRIPTION
That part of the following described "EASEMENT PARCEL D" created by Hennepin County, Minnesota Document number T05284392 embraced within Lot 7, Block
3, LAKEVIEW OF ORONO, according to the recorded plat thereof, Hennepin County, Minnesota.
Said "EASEMENT PARCEL D" is described as that part of Lot 1 through Lot 22, Block 3 and Outlot A of said LAKEVIEW OF ORONO, described as follows:
Commencing at the northwest comer of said [,or 19; thence North 89 degrees 58 minutes 14 seconds East, along the northerly line of said Lot 19, a distance of 218.89
feet to the point of beginning; thence North 89 degrees 58 minutes 14 second East, along said northerly line of said Lot 19 a distance of 28.29 feet; thence easterly a
distance of 240.18 feet along a tangential curve concave to the south having a radius of 281.35 feet and a central angle of 48 degrees 54 minutes 43 seconds; thence
South 41 degrees 07 minutes 03 seconds East, tangent to said curve, along the northerly line of said Lot 17 and Lot 20 a distance of 257.697 feet; thence South 49
degrees 56 minutes 49 seconds West a distance of 130.71 feet; thence South 3 degrees 40 minutes 45 seconds East a distance of 363.73 feet; thence South 38 degrees 59
minutes 36 seconds East a distance of 219.29 feet to the easterly line of said Lot 21; thence South 60 degrees 08 minutes 28 seconds East a distance of 231.50 feet to the
easterly line of said Lot 22; thence South 45 degrees 04 minutes 57 seconds West, along the easterly line of said Lot 22 a distance of 39.13 feet to the most westerly
comer OUTLOT I, thence South 50 degrees 08 minutes 07 seconds East along the northerly line of OUTLOT A 84.00 feet; thence South 66 degrees 12 minutes 39
seconds East, along the northerly line of said OUTLOT A, a distance of 32.51 feet; thence South 61 degrees 10 minutes 28 seconds East, along the northerly line of said
OUTLOT A, a distance of 205.02 feet; thence South 66 degrees 28 minutes 28 seconds East, along the northerly line of said OUTLOT A, a distance of 191.90 feet;
thence South 50 degrees 09 minutes 04 seconds East, along the northerly line of said OUTLOT Ae of 86.02 feet; thence North 78 degrees 23 minutes 46 seconds East,
along the northerly line of said OUTLOT A 34.87 feet; thence South 63 degrees 05 minutes 34 seconds Fast, along the northerly line of said OUTLOT A 25.49 feet;
thence South 24 degrees 51 minutes 08 seconds East, along the easterly line of said OUTLOT A, a distance of 145.02 feet; thence South 15 degrees 52 minutes 18
seconds East, along the easterly line of said OUTLOT A, a distance of 134.44 feet to the northwest comer of Lot 8; thence North 89 degrees 49 minutes 58 seconds East,
along the northerly line of said Lot 8 a distance of 271.08 feet to the northeast comer of said Lot 8; thence South 24 degrees l 1 minutes 18 seconds West, along the
easterly line of said Lot 8 a distance of 124.58 feet to the most northerly comer of said Lot 7; thence South 40 degrees 01 minutes 27 seconds East, along the northerly
line of said Lot 7 a distance of 131.63 feet; thence South 78 degrees 06 minutes 25 seconds East, along the northerly line of said Lot 6 a distance of 236.54 feet; thence
North 24 degrees 11 minutes 03 seconds East, along a northwesterly line of said Lot 5 a distance of 109.96 feet; thence South 65 degrees 39 minutes 42 seconds East,
along the northerly line of said Lot 5, a distance of 123.30 feet; thence southeasterly a distance of 213.89, along a tangential curve concave to the south having a radius
of 297.65 feet and a central angle of 41 degrees 10 minutes 22 seconds; thence South 24 degrees 29 minutes 20 seconds East, along the easterly line of said Lot 4 and
Lot 3 a distance of 722.04 feet; thence southerly a distance of 316.26 feet along the easterly line of said Lot 2, on a tangential curve concave to the west having a radius
of 253.48 feet and central angle of 71 degrees 29 minutes 08 seconds; thence South 46 degrees 59 minutes 48 seconds West, along the southeasterly line of said Lot 2 a
distance of 57.80 feet to the most southerly comer of said Lot 2; thence northwesterly a distance o17608.14 feet along a non-tangential curve concave to the southwest
having a radius of 1004.93 feet, a central angle of 34 degrees 40 minutes 22 seconds and a chord that bears North 62 degrees 27 minutes 45 seconds West, to the
southwest corner of Lot 1 Block 3; thence North 4 degrees 58 minutes 44 seconds East, along the west line of said Lot 1, a distance of 150.09 feet; thence North 8
degrees 22 minutes 04 seconds East, along the westerly line of said Lot l a distance of 11.72 feet; thence South 57 degrees 39 minutes 27 seconds East a distance of
271.96 feet; thence North 83 degrees 38 minutes 03 seconds East a distance of 130.19 feet; thence North 21 degrees 44 minutes 50 seconds East a distance of 267.77
feet; thence North 27 degrees 08 minutes 03 seconds West a distance of 271.63 feet to the northerly line of said Lot 3; thence Notch 40 degrees 30 minutes 13 seconds
West a distance of 272.83 feet to the westerly line of Lot 4; thence North 77 degrees 13 minutes 19 seconds West a distance of 197.14 feet to the westerly line of said
Lot 5; thence North 84 degrees 54 minutes 15 seconds West a distance of 358.64 feet to the westerly line of said Lot 7; thence North 79 degrees 45 minutes 22 seconds
West a distance of 403.54 feet; thence South 27 degrees 47 minutes 21 seconds West a distance of 259.89 feet to the southerly line of said Lot 9; thence North 63
degrees 33 minutes 32 seconds West, along the southerly line of said Lot 9 and Lot 10 a distance of 154.56 feet; thence North 20 degrees 50 minutes 55 seconds Fast a
distance of 218.75 feet; thence North 57 degrees 11 minutes 41 seconds West a distance of 229.65 feet to the westerly line of said Lot 10; thence North 73 degrees 09
minutes 07 seconds West a distance of 203.48 feet; thence South 32 degrees 20 minutes 54 seconds West a distance of 198.79 feet to the southerly line of said Lot 11;
thence northwesterly a distance of 169.00 feet along a non-tangential curve concave to the northeast having a radius of 540.00 feet, a central angle of 17 degrees 55
minutes 52 seconds and a chord that bears North 35 degrees 07 minutes 36 seconds West; thence North 63 degrees 08 minutes 24 seconds East a distance of 155.28 feet;
thence North 0 degrees 22 minutes 00 seconds East a distance of 320.76 feet to the northerly line of Lot 12; thence North 53 degrees 17 minutes 50 seconds West
distance of -214.54 feet; thence South 57 degrees 42 minutes 41 seconds West a distance of 171.85 feel to the westerly line of LoL 13; thence northwesterly a distance of
102.49 feet along a non-tangential crave concave to the southwest having a radius of 450.00 feet, a central angle of 13 degrees 02 minutes 59 seconds and a chord that
bears North 51 degrees 06 minutes 43 seconds West; thence North 57 degrees 38 minutes 13 seconds West, tangent to last said curve, along the southerly line of said Lot
14 and Lot 15 a distance of 413.68 feet; thence northwesterly a distance of 167.84 feet along a tangential curve concave to the northeast having a radius of 175.00 feet
and central angle of 54 degrees 57 minutes 09 seconds; thence North 02 degrees 41 minutes 04 seconds West, along the westerly line of said Lot 15, a distance of 67.86
feet to the northwest corner of said Lot 15; thence North 87 seconds 19 minutes 12 seconds East, along the northerly line of said Lot 15, a distance of 162.06 feet; thence
easterly a distance of 8.44 feet along a tangential curve concave to the south having a radius of 190.00 feet and central angle of 2 degrees 32 minutes 37 seconds; thence
South 6 degrees 05 minutes 30 seconds West a distance of 198.95 feet; thence South 57 degrees 44 minutes 56 seconds East a distance of 263.72 feet to the easterly line
of said Lot 15; thence South 80 degrees 30 minutes 04 seconds East a distance of 175.91 feet; thence North 46 degrees 14 minutes 18 seconds East a distance of 90.79;
thence North 2 degrees 57 minutes 42 seconds East a distance of 375.89 feet; thence North 47 degrees 33 minutes 01 seconds West a distance of 169.21 feet to the
westerly line of said Lot 16; thence North 79 degrees 41 minutes 46 seconds West a distance of 481.41 feet to the westerly line of said Lot 18; thence northeasterly a
distance of 19.48 feet along a non-tangential curve concave to the southeast having a radius of 225.00 feet and central angle of 4 degrees 57 minutes 39 seconds and a
chord that bears North 36 degrees 46 minutes 12 seconds East; thence North 39 degrees 15 minutes 01 seconds East, tangent to last said curve, along the westerly line of
said Lot 18 a distance of 107.80 feet to the northwest corner of said Lot 18; thence northeasterly a distance of 19.23 feet along a tangential curve concave to the west
having a radius of 365.00 feet and central angle of 3 degrees 01 minutes 08 seconds; thence South 78 degrees 00 minutes 21 seconds East a distance of 185.02 feet;
thence North 17 degrees 45 minutes 55 seconds East a distance of 355.42 feet to the point of beginning and there terminating.
Eas s�9 Sheet2 oft Sheets JOB #: 64688-020 REVISIONS
_ u SATHRE-BERGQUIST, INC. EASEMENT vncATION EXHIBI FIELD CREW: AT
150 SOUTH BROADWAY WAY2ATA, MN.55391 (952) 476-6000 DRAWN BY: JPR, JJA
PREPARED FOR
CHECKED BY: JJA
�`FRs NORTON HOMES DATE: 10/16/19