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Home My WebLink AboutResolution 6420 ',r • � rl Y O ♦O C ITY OF ORONO RESOLUT'ION OF THE CIT'Y COUNCIL � � � G� 6420 NO. r�kESHO�� A RESOLUTION VACATING THE UTILITY EASEMENTS GRANTED WITHIN HENNEPIN COUNTY DOCUMENTS NO. 1488546 AND NO. 4749663 FILE NO. 13-3631 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Landsource, LLC (hereinafter the `Applicant') on behalf of Real Assets II, LLC (hereinafter the `Fee Owner') has requested vacation of utility easements granted to the City of Orono in 1982 via Hennepin County Documents No. 1488546 and No. 4749663 over the property located at 3700 Northern Avenue (hereinafter the `Property') within the City of Orono and legally described in Exhibit A (attached); and WHEREAS,the easement(s)to be vacated are legally described as follows: (Doc. No. 1488546): The southerly 30 feet of Tract B and Tract C, Registered Land Survey# 763, Hennepin County, Minnesota. and (Doc. No. 4749663): The Southerly 30 feet of: The South 2/3 of the West 3/4 of Lot 9, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota. WHEREAS, after due published and posted notice, a public hearing was held by the Orono City Council on July 14, 2014 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, the Orono City Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The two easements to be vacated were granted to the City in 1982 for construction of City utilities to serve the Northern Avenue neighborhood. These easement documents contain faulty legal descriptions, in that each fails to take into account or incorporate the adjacent property comprising Vacated Northern Avenue. The incorrect descriptions placed the easements over the southerly 30' of Tracts B and C, RLS #763, and the southerly 30' of Lot 9, Block 10, Townsite of Langdon Park. Page 1 of 3 g-��o C ITY OF ORONO RESOLUTION OF T'HE CITY COUNCIL ��'l,� �,G~ N O. 6 4 Z O kFsxo� A RESOLUTION VACATING THE UTILITY EASEMENTS GRANTED WITHIN HENNEPIN COUNTY DOCUMENTS NO. 1488546 AND NO. 4749663 FILE N0. 13-3631 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Landsource, LLC (hereinafter the `Applicant') on behalf of Real Assets II, LLC (hereinafter the `Fee Owner') has requested vacation of utility easements granted to the City of Orono in 1982 via Hennepin County Documents No. 1488546 and No. 4749663 over the property located at 3700 Northern Avenue (hereinafter the `Property') within the City of Orono and legally described in Exhibit A (attached); and WHEREAS,the easement(s)to be vacated are legally described as follows: (Doc. No. 1488546): The southerly 30 feet of Tract B and Tract C, Registered Land Survey# 763, Hennepin County, Minnesota. and (Doc. No. 4749663): The Southerly 30 feet of: The South 2/3 of the West 3/4 of Lot 9, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota. WHEREAS, after due published and posted notice, a public hearing was held by the Orono City Council on July 14, 2014 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, the Orono City Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The two easements to be vacated were granted to the City in 1982 for construction of City utilities to serve the Northern Avenue neighborhood. These easement documents contain faulty legal descriptions, in that each fails to take into account or incorporate the adjacent property comprising Vacated Northern Avenue. The incorrect descriptions placed the easements over the southerly 30' of Tracts B and C, RLS #763, and the southerly 30' of Lot 9, Block 10, Townsite of Langdon Park. Page 1 of 3 . �► . �Ol V� C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � � G~ No. 6420 j�'�E S H�� 2. The subsequently constructed sewer and water lines were constructed within the southerly 30 feet of Vacated Northern Avenue and are not within the easements as granted in 1982. The City of Orono has no municipal utilities within the easements being vacated. 3. The pending plat of Northern Oaks will dedicate 30 feet of public right-of-way for Northern Avenue in the appropriate location that incorporates the existing sewer and water lines. 4. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. b) The City has not and does not intend to develop; improve, or use the easement area for utilities or access purposes. c) The existing easements to be vacated serve no beneficial public purpose and provide an impediment to development of the Property. NOW, THEREFORE, BE IT RESOLVED, that the easements established via Document No. 1488546 and Document No. 4749663 as described above, are hereby vacated by the City Council of the City of Orono on this 14th day of July, 2014. r9��-►�� Li i o cMillan, Mayor ATTEST: �/�� ,��e !/Jvc('f�-- Rachel Dodge, City Clerk Page 2 of 3 , � � �O� V� C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � EXHIBIT A � G1 b420 NO. j�kESH�� LEGAL DESCRIPTION OF PROPERTY Torrens portion: Tracts B and C, Registered Land Survey No. 763, Hennepin County, Minnesota, Abstract portion: That part of Lot 9, Block 10, Townsite of Langdon Park which lies south of the westerly extension of the North line of Tract B, Registered Land Survey No. 763 and which lies west of the West line of said Tract B; That part of Vacated Northern Avenue, that lies westerly of the southerly extension of the southerly portion of the East line of Tract C, Registered Land Survey No. 763, and easterly of the southerly extension of the West line of Lot 9, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota. Page 3 of 3 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 July 14th, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my han ,officially as such City Clerk and the corporate seal of the City this�day of , 2014. ac�._1�--c.---� /t/L� v City Clerk A Y � l Y O ♦O C ITY OF ORONO RESOLUT'ION OF THE CITY COUNCIL � � � ` No. 6420 F �, j�kESH�� 2. The subsequently constructed sewer and water lines were constructed within the southerly 30 feet of Vacated Northern Avenue and are not within the easements as granted in 1982. The City of Orono has no municipal utilities within the easements being vacated. 3. The pending plat of Northern Oaks will dedicate 30 feet of public right-of-way for Northern Avenue in the appropriate location that incorporates the existing sewer and water lines. 4. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. b) The City has not and does not intend to develop, improve, or use the easement area for utilities or access purposes. c) The existing easements to be vacated serve no beneficial public purpose and provide an impediment to development of the Property. NOW, THEREFORE, BE IT RESOLVED, that the easements established via Document No. 1488546 and Document No. 4749663 as described above, are hereby vacated by the City Council of the City of Orono on this 14th day of July, 2014. ' �°�-� Li i od McMillan, Mayor ATTEST: �-�a�� L-�� Rachel Dodge, City Clerk Page 2 of 3 4 � , � •� � �O ♦O C ITY OF ORONO �ESOLUT'ION OF THE CITY COUNCIL � ,� EXHIBIT A �� G No. 6420 lqkESH�� LEGAL DESCRIPTION OF PROPERTY Torrens portion: Tracts B and C, Registered Land Survey No. 763, Hennepin County, Minnesota, Abstract portion: That part of Lot 9, Block 10, Townsite of Langdon Park which lies south of the westerly extension of the North line of Tract B, Registered Land Survey No. 763 and which lies west of the West line of said Tract B; That part of Vacated Northern Avenue, that lies westerly of the southerly extension of the southerly portion of the East line of Tract C, Registered Land Survey No. 763, and easterly of the southerly extension of the West line of Lot 9, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota. Page 3 of 3 � . . 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 July 14th, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITN�SS my han officially as such City Clerk and the corporate seal of the City this a/� day of ��, 2014. �-- ,�_ t > City Clerk