Loading...
HomeMy WebLinkAboutRecorded Resolution Accepting Easements and Assenting to Registration (Doc No 11280629) (2) LAND TYPE Abstract(A) DOC NUM 11280629 Certified, filed and/or recorded on Apr 30, 2024 9:20 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2667579E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document, • STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN )ss ) CITY OF ORONO ) I certify the foregoing is the original resolution adopted by the City Council on April 22, 2024. Officially signed as City Clerk of Orono, Minnesota and the seal of the ' on April 22, 2024. R ;; , ,`-°v 4 ' } - Lusi. i),ty Clerk 14 } '. Ail'ffi 74,�°" 3.S ' yam � .. ,.. Ar,‘ . 3 w2`�a ''.'�4" 4s i IA -,f i,. . � a. Kit .,rt� '�'.� �F 0 11` y +a..lt.., >., ' 1..i ' CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7474 1ikEsHost- A RESOLUTION APPROVING ACCEPTANCE OF AN EASEMENT FOR PUBLIC ROAD PURPOSES(FOX STREET) AND AN EASEMENT FOR PUBLIC ROAD PURPOSES (ORONO ORCHARD ROAD SOUTH) AND APPROVING AN ASSENT TO REGISTRATION OF THE TITLE TO CERTAIN LAND IN THE CITY OF ORONO WHEREAS,the City of Orono("City')is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Edward H. Hamm, Jr., as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 ("Owner"), is the owner of certain real property located at 485 Orono Orchard Road South in the City, which property is legally described as set forth in Exhibit A, attached hereto and incorporated herein (the"Property"); and WHEREAS,the Owner has applied to register the title to the Land, Hennepin County Court File No. 27-ET-CV-22-66; and WHEREAS, because a portion of the Property is bisected by Fox Street and bordered on the east by Orono Orchard Road South, and because the City has recorded documents against the title to the Property (as identified below), the Owner named the City as a defendant in the registration matter; and WHEREAS, during the registration process, the Hennepin County Examiner of Titles identified that no document of record established right of way for the southerly 33 feet for what is improved by the City as Fox Street, as is legally described and depicted on Exhibit B, attached hereto and incorporated herein; and WHEREAS, the Hennepin County Examiner of Titles also identified that no document of record established right of way for the east 33 feet, north of Fox Street, for what is improved by the City as Orono Orchard Road South, as is legally described and depicted on Exhibit C, attached hereto and incorporated herein; and WHEREAS,to resolve these discrepancies, and in light of the long use of these areas by the City for public street purposes, the Owner offered to grant permanent easements to the City in these locations for public street purposes; and WHEREAS, the easements granted by the Owner will be recorded against the Property by the Owner as part of the registration of the Property; and WHEREAS, the Hennepin County Examiner of Titles further identified that sections of fence have been erected on the Property, extending north to south along Orono Orchard Road South, and lies within and encroaches upon the easement area that is legally described and depicted on Exhibit C; and 230694v1 O (:)()E kt CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7474 !�ktS H ott� WHEREAS, the sections of fence do not interfere with safe passage of vehicles or pedestrians on Orono Orchard Road South, and the City is willing to allow the encroachment to remain within the easement areas as provided herein; and WHEREAS, the other City documents recorded against the title to the Property are the following (collectively, the "City Approvals): A. Declaration of Subdivision Covenants, dated July 9, 1999, recorded April 14, 2000 (Doc. No. A7285795); B. Conditional Use Permit, granted by Resolution dated July 28, 2003, recorded February 5, 2004 (Doc. No, A8287776); C. Variance, granted by Resolution dated April 14, 2003, recorded April 7, 2004 (Doe. No. A8327496); D. Conditional Use Permit, granted by Resolution dated May 12, 2003, recorded April 7, 2004 (Doc. No. A8327497); and E. Sewer Connection, granted by Resolution dated May 12, 2003, recorded April 7, 2004 (Doc. No. A8327498) WHEREAS, the Owner has requested that the City assent to the Owner's registration of the Property, subject to the City Approvals, which will remain in full force and effect; and NOW,THEREFORE, BE IT RESOLVED, by the Orono City Council and the City of Orono that, based on the foregoing: 1) The Easement for Public Street Purposes (Orono Orchard Road South) is accepted; and 2) The Easement for Public Street Purposes (Fox Street) is accepted; and 3) The City assents to the encroachment of the fences within the easement area legally described and depicted on Exhibit C, and pursuant to the terms set forth in the Easement for Public Street Purposes (Orono Orchard Road South); and 4) The City assents to the Owner's registration of the Property; and 5) The Mayor and City Manager are authorized to execute the Assent Registration of Land as requested by the Owner. 2 230694v1 4- CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7474 l'�Kfisr�a��' ADOPTED by the Orono City Council on this 22d day of April, 2024. ATTEST: CITY OF ORONO: hri e Lusia , City Clerk Dennis Walsh, Mayor 3 230694v1 • CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �yF NO. 7474 \\\\\\\AxE S H 01'1(c- ti EXHIBIT A TO RESOLUTION NO, Legal Description of the Property Being Registered by Owner That part of Government Lot 4 and the Southwest Quarter of Section 2,Township 117,Range 23,Hennepin County Minnesota,described as follows:Beginning at a point on the East line of Government Lot 4,distant 434,3 feet South of the Northeast corner thereof,designated as Point A;thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes,a distance of 182 feet;thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet;thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet;thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet;thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet;thence Northeasterly to a point on the North line of Government Lot 4,distant 360 feet West of the Northeast corner thereof designated as Point B;thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Govcnunent Lot 4;thence northerly 100.00 feet along a tangential curve concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds;thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 2.83.70 feet and a central angle of 25 degrees 14 minutes 42 seconds;thence northwesterly on a line tangent to last described curve 267.40 feet;thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet;thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds,to a point on the west line of the East One-Half of the Northwest Quarter of the Southwest Quarter of said Section 2,exclusive of the highway(33 feet wide)upon the easterly side thereof,said Fast One-Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side,and which is 636.66 feet north from the Southwest corner of said East One-Half so ascertained;thence north along said west line of the Fast One-Half so ascertained 679.66 feet to the northwest corner thereof;thence cast along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2;thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. Also that part of said West One-Half of the Northwest Quarter of the Southwest Quarter of Section 2 exclusive of highway(33 feet wide)on the easterly side thereof,said West One-Half being ascertained after taking from said Northwest Quarter of the Southwest Quarter of Section 2 said highway upon the easterly side;lying easterly of Macmillan Addition,according to the recorded plat thereof and northerly of a line and its westerly extension described as commencing at the northeast corner of said West One-Half so ascertained;thence on an assumed bearing of South 00 degrees 17 minutes 01 second East,along the east line of said West One-Hailso ascertained 679.85 feet,more or less to a point 636.66 feet north of the southeast corner of said West One-Half,said point being the point of beginning of the line to be described;thence deflecting right at an angle of 83 degrees 53 minutes 00 seconds on a line bearing South 83 degrees 35 minutes 59 seconds\Vest 33.68 feet;thence South 82 degrees 23 minutes 59 seconds West 66.32 feet to the most southerly southeast corner of Outlot C,said Macmillan Addition and said line there tcnninatiug. Together with a non-exclusive easement for driveway purposes over,under and across part of Outlot C and Lot 2, Block 1,MacMillan Addition and the Northwest Quarter of the Southwest Quarter of Section 2,Township 17, Range 23,as described in the Private Road Agreement recorded January 14, 1930 as Document No. A1579568 and amended in the Agreement Regarding Correction of Easement Legal Description recorded June 19,2018 as Document Nos. A10563491 and T5538418. 4 230694v1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7474 14'cFS H Oo' EXHIBIT B TO RESOLUTION NO. Legal Description and Depiction of the Permanent Easement for Public Street (Fox Street) The portion of the north 33.00 feet of Government Lot 4, Section 2, Township 117, Range 23, Hennepin County, Minnesota, lying within the herein described Parcel A. (Contains 12,145 Sq. Ft. or 0.279 Acres) PARCEL A That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Paint A; thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet; thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4,distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4;thence northerly 100.00 feet along a tangential concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One-Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway(33 feet wide) upon the easterly side thereof, said East One-Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One-Half so ascertained;thence north along said west line of the East One-Half so ascertained 679.66 feet to the northwest corner thereof, thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. 5 2306841 DA4Q CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4. NO. 7474 jikESHO ti 1 I , 1 1 1._... ... _.. . _._ N UNE OF THE E 1J2 e.i OF THE NW1JROF r 4 THE SW 1J4OF SEC.2 S i PARCEL A I r , IV)... l aL. 0 2.00 vial-UNE#EAST 331}0._ �..'.I I , •, FEET OF THE E1J2OFTHE. `g .SCAR N ET t NW1/4OFTHESWI/4 I r---1 PERPETUAL ROADWAY EASEMENT 1 a `,' I.-----1 (12,14S.SQ FT.OR 0.279 ACRES) V CC Edward H Herren Trustee 1"r 4$S atom*Ordtard Rd S �•✓ 1t r FMD:021.172332.0001 r� I I r \ T .Z t •.I t..._._.. _... ,:f \ E LINE OF THE E 1/2 I I I \ OF THEN*1/4OF T ./ \ THE SW IJ4 OF SEC.2 ) ' ) ; ce Rai C +wr §<eu ,'r:Vt Tr f _. ,-AGREEMENT ' 1 ; v 15tIt f x + :,,` ,s REGARDING { I ti i c•I D:0.21=i T.13200:6 1 'ri CORRECTION OF -ET' r l4 1 EASEMENT OF w. c 1 I.,e.h!" rt t PRIVATE ROAD i • 1 f:.52r3:<%z : AGREEMENT DOC. +'.' ( I :. Fr, t2 1?2 3 r.2? itt NO.A10553491 I ..... I I > I i 11 r 51INE OE 111E E 14I I t ..E UNE• n: 1 ) WEST UNE OF III ` OF THENW1/4OF r OF PARCEL / >f f `I THE SW 1/4 OF SEC. (1 G T �..._-- i... 10T4 I I• �-.- M. . Fox ST: - ' __'_� i _ — i• N IJ OF GOV T_ --_ -f Y. 33,00 ——`—_'C— -SOUTH UNE OF ` _ _ I LOT4OF SEC.2 pi • , Edwud H Hamm Trustee NORTH 33.00 FEEL r FI-0.,inesa*1:% '•,:; �i, 4ESOtonsOrchartiRdS OFGOUTLOT4 ,,s,,•..- a A S Harreman i'1 Pik 02E1723320001 . La4c.Fcx:, " . II r v ,e 6 'i P Lt u2z1?'s__0C31• -, • . Ity >.... ` • :- ' I 'r 11,:-:,. • 0Bolton&Me*,Inc.2024,AS Rights Resery , `' „PARCEL A et EASEMENT EXHIBIT PART OF: ti FOX STREET,ORONO,MN GOV'T LOT 4 ,, 9 LTO N 26 wino 0 SEC.EPir1'P.117.RUG.,M 23 r, CC �V' UR$2D0 FOR: FIIi COUNTY, ORONO MN n Cy VIENK CHASKA,MN SSSLH FOR: CITY OF ORDttp t,i 195_)4 5-SS.B JOB NUl•ARER: 0CL13323? FIELLOBOOK: DRAWN BY: ARK 6 230694v1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ..a NO. 7474 EXHIBIT C TO RESOLUTION NO. Legal Description and Depiction of the Permanent Easement for Public Street Purposes (Orono Orchard Road South) The east 33.00 feet the East Half of the Northwest Quarter of the Southwest Quarter of Section 2, Township 117, Range 23, Hennepin County, Minnesota. (Contains 57,941 Sq. Ft. or 1.33 Acres) AND That part of the east 33.00 feet of the herein described Parcel A lying south of the north 33.00 feet of Government Lot 4, Section 2, Township 117, Range 23. Hennepin County, Minnesota. (Contains 13,112 Sq. Ft. OR 0.301 Acres) PARCEL A That part of Government Lot 4 and the Southwest Quarter of Section 2,Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A; thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet•,thence Northerly 175 feet along a curve to the right with a radius of 237.5E feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet;thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4; thence northerly 100.00 feet along a tangential concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet;thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One-Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway(33 feet wide)upon the easterly side thereof, said East One-Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One-Half so ascertained; thence north along said west line of the East One-Half so ascertained 679.66 feet to the northwest corner thereof, thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning, 7 230694v1 � o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL (.7".‘il (`� No. 7474 \_ k o/ I i 1 : NE CORNER OF THE NW1%4 iOF THE SW 1/4CFSEc.2 k' PERPEftlAL ... N UNE Of THEE '..-.., i I.�—_.. — RQA ETuAAY 1IZ OF THE NW ,, _;' EASEMENT' 1/4OF THE SW I.(42,3M SQ.FT. 1/4 OF SEC.2 I':i ISe) I Oft 0973 ACRES) 33.00 ..1- 1.r PERPETUAL I"r# '. } ROADWAY I lI t i - 1.-\, .::::. -1 EASEMENT ( �•,3 (13,112 St}FT. ( >f �.14 . ' , .OR 0101 ACRES) ,i 0 200 : WEST LINE OF EAST33.00 i k SCALE Mt FEET FEET OF THE E 1/2 OF THE ii,�,"+'� .I A a w NW1/4Of THE SLL'if4 ^ W LINE C?FTHEE I' I `,,I •a° • IJ2 OF THE NW PARCEL A i"-IC 1k 1/40F THE SW I 1/4OF SEC.2 I '` Edward H Hamm Trustee ' 1, -, 485 Orano Orchard Rd S iliY ._ PID:0211723320001 12 t I � • kar< : st retzrhae ;=_ur F. v.. � :. _ - L - i 1 rt I F10:022/72 2 r ^E L Of HE E'lj2'.' I f \�os � Of THE NW 1/4 Of \ 1' I ‘ NE SW 1/4OF SEC.2 \-y41 I ' t N I�1 F I • Iw . -.AGREEMENT- . iC 't a. 1 REGARDING Fir:0.2_:I72322L.:032. t}, I' ) '.i, 1 ; Ce , CORRECTION OF I - ;l; 33 � .-' o EASEMENT OF `� i If , t.,....... -I I - ---- >, ' PRIVATE ROAD • N. `�-- -a. i` s UNE OF THEE 1/2 VI `"' I AGREEMENT DOC. 1 k --gj1 ' OF THE NW IJ4 OF I I I o NO.A10563491 L , .• THE SW 1/4OF SEC,2 r t ., _m_...... • .FO-X--ST: �,'1i • • M n N UNE Of GOY T _ �1�! 1 — ."a ��,,;-- SOUTH UNE OF r LOT 4OfSEC.2 rrlt 1,4 THE NORTH s Edrd H Harm Trustee 1 33.00 FEET OF ` ,r._. . I 'WFIte S.rnem;^ ;t Edward 485 Orono Orchard RdS(i' 1 GOV'T LOT 4 `` ' A E%?ern man• I P10:0 2117 2 3 3 20 001 * - 1s35FX�'t je - ('`. k , f 6 PID:721..7233.1M . .. I,', '- ,r r` 3300 -1-,1-I ` ,• 3 Canton&Me a,Inc2 EA/kehtsRese►ved `` PARCELA S HEET3OF3 k .f M EASEMENT EXHIBIT PART OF`:GOV'T LOT 4& r (I)ORONO ORCHARD ROAD SOUTH,ORONO,MN E1/2OFNY.1/40Fsw1/4 orE K MS SHADOW LANE SEC. TL'JP.117,ith1G.23 0 lc!_LTON StRT£200 HENNEPIN COUNTY,MN e t C14ASKKA,MN 55318 FOR: CITY OF ORONO t (552)448-8838 JOSNIJMBER: 0C1_133233 FIELD BOOK; ORAWN ST: ARK 8 230694v1 o i,,.., CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� No. 7474 G eRkESH Q4. SEE SFEET2OF3 i -- / t EU1+IEOFTHEE1/z I. I t;r ....... —..I 1 --- _. ._. ,_ . OF THE NW 3(4OF E/f) 1 ) / \ THE SWI/4OfSEC.2 •.-I, ' is ¢ Edward N Hamm Truster 0 - .<•s, 3.- .,a,.I i �r 485 Oran*Orchard Rd 5 t r,• \ VW;0211723320001 r'- ,h. /. « r t - 4_ ,•''' PARCEL A ,� 1-- ' 33.00......I " . = { I " r f;-e n 1 > - t'i uNE QF THE 1/? ;Ea)Fey..t (,In ,E. f•lC+::':?117235-).X°3 1;1 i THESW1F THE 4OfSE it ;THE SW1/4OF5tC.2 p i I ' • *. irFOX S . ' N UNE OF GOV'T."' — 141 2,se 1—SOUTH UNEOF ,Y' orCIE [ LOT 4OF SEC 2 r4 THE NORTH %4 LOT '� 11/ 33.00 FEETOF I it) _ 'f -`: GOV 1.0T4 I LQ7 4 i- 'I I Edward 14 Hamra Trustee 1 I • t;r j • t 'II 485 Orono Orahatd Rd 6 ,r' • ' ,.'''• 1% PMD:021172332D001 I _,. °� , . �V\ PARCEL A I CP. ( �" t• ',- & I ,,�'' f,, 314 t;n=n ., '� y SOUTFI LINE ! / s 14a5 Fo rz t`y ::::,y7OF PARCfLA " ( / �.'G 0.11 r?s3,eL'4L '/ _ ( .'� +AGREEMENT- 73 y /~ ' REGARDING ,. ! / CORRECTION OF ''' 'r a EASEMENT OF �` r '� J PRIVATE ROAD f ,•,,,'J r- ,,„." • nr, r AGREEMENT 4O DOC, / y �%•'�vzata P,..'Ur f '-`-- _ 3 - a J • / I j > 7 ... 1 F St .n n i r ———1 PERPETUAL ROADWAY EASEMENT I—----1 (42„375 SQ.Fr.OR 0973 ACRES) 2 0 200 l------I PERPETUALEMMERTAREA SCALE IN FEET L—--J (13,u2 SQ.FT.OR 0.301 ACRES) S ale loan&Menk,inc.2024,Al Rights Reserved 7 EASEMENT EXHIBIT PART OF: v ORONO ORCHARD ROAD SOUTH,ORONO,MN EI/2OFNW 1/4OFsw1/4 ,,, `% y� a' 2638 SHADOW tANE SEC.2,1WP.117,RNG.23 4- z (71 BOLTON SUITE 200 HENNEPIN COUNTY,MN Y & M E c(�'MNA,338 FOR: caroF ORONO t MOB NUMBER: OC1.133233....... FIELDBOO1( DRAWN BY: ARK 9 230694v1 r • ,(.( 2,4,; lee o,4/cn g/30/24 qj Doi. �/7�06 z� STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss ) CITY OF ORONO ) I certify the foregoing is the original resolution adopted by the City Council on April 22, 2024. Officially signed as City Clerk of Orono, Minnesota and the seal of the on April 22, 2024. "" _ ` ' ` r r hris ' Lusi 'ty Clerk 0 m r ,; - .: ' ' war �y ,« }mot ` S • a";,• r� -cL-OATO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yt NO. 7474 q 'I SHO�F A RESOLUTION APPROVING ACCEPTANCE OF AN EASEMENT FOR PUBLIC ROAD PURPOSES (FOX STREET) AND AN EASEMENT FOR PUBLIC ROAD PURPOSES (ORONO ORCHARD ROAD SOUTH) AND APPROVING AN ASSENT TO REGISTRATION OF THE TITLE TO CERTAIN LAND IN THE CITY OF ORONO WHEREAS,the City of Orono("City") is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Edward H. Hamm, Jr., as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 ("Owner"), is the owner of certain real property located at 485 Orono Orchard Road South in the City, which property is legally described as set forth in Exhibit A, attached hereto and incorporated herein (the "Property"); and WHEREAS,the Owner has applied to register the title to the Land, Hennepin County Court File No. 27-ET-CV-22-66; and WHEREAS, because a portion of the Property is bisected by Fox Street and bordered on the east by Orono Orchard Road South, and because the City has recorded documents against the title to the Property (as identified below), the Owner named the City as a defendant in the registration matter; and WHEREAS, during the registration process, the Hennepin County Examiner of Titles identified that no document of record established right of way for the southerly 33 feet for what is improved by the City as Fox Street, as is legally described and depicted on Exhibit B, attached hereto and incorporated herein; and WHEREAS, the Hennepin County Examiner of Titles also identified that no document of record established right of way for the east 33 feet, north of Fox Street, for what is improved by the City as Orono Orchard Road South, as is legally described and depicted on Exhibit C, attached hereto and incorporated herein; and WHEREAS, to resolve these discrepancies, and in light of the long use of these areas by the City for public street purposes, the Owner offered to grant permanent easements to the City in these locations for public street purposes; and WHEREAS, the easements granted by the Owner will be recorded against the Property by the Owner as part of the registration of the Property; and WHEREAS, the Hennepin County Examiner of Titles further identified that sections of fence have been erected on the Property, extending north to south along Orono Orchard Road South, and lies within and encroaches upon the easement area that is legally described and depicted on Exhibit C; and 230694v1 BOO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7474 �` /(Es H oVj" WHEREAS, the sections of fence do not interfere with safe passage of vehicles or pedestrians on Orono Orchard Road South, and the City is willing to allow the encroachment to remain within the easement areas as provided herein; and WHEREAS, the other City documents recorded against the title to the Property are the following (collectively, the "City Approvals"): A. Declaration of Subdivision Covenants, dated July 9, 1999, recorded April 14, 2000 (Doc. No. A7285795); B. Conditional Use Permit, granted by Resolution dated July 28, 2003, recorded February 5, 2004 (Doc. No. A8287776); C. Variance, granted by Resolution dated April 14, 2003, recorded April 7, 2004 (Doc. No. A8327496); D. Conditional Use Permit, granted by Resolution dated May 12, 2003, recorded April 7, 2004 (Doc. No. A8327497); and E. Sewer Connection, granted by Resolution dated May 12, 2003, recorded April 7, 2004 (Doc. No. A8327498) WHEREAS, the Owner has requested that the City assent to the Owner's registration of the Property, subject to the City Approvals, which will remain in full force and effect; and NOW, THEREFORE, BE IT RESOLVED, by the Orono City Council and the City of Orono that, based on the foregoing: 1) The Easement for Public Street Purposes (Orono Orchard Road South) is accepted; and 2) The Easement for Public Street Purposes (Fox Street) is accepted; and 3) The City assents to the encroachment of the fences within the easement area legally described and depicted on Exhibit C, and pursuant to the terms set forth in the Easement for Public Street Purposes (Orono Orchard Road South); and 4) The City assents to the Owner's registration of the Property; and 5) The Mayor and City Manager are authorized to execute the Assent Registration of Land as requested by the Owner. 2 230694v1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL F NO. 7474 4kEsHoo' ADOPTED by the Orono City Council on this 22nd day of April, 2024. ATTEST: CITY OF ORONO: 0.1102D-) hri e Lusia , City Clerk Dennis Walsh, Mayor 3 230694v1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ,01 NO. 7474 lSHO48' EXHIBIT A TO RESOLUTION NO. Legal Description of the Property Being Registered by Owner That part of Government Lot 4 and the Southwest Quarter of Section 2,Township 117,Range 23,Hennepin County Minnesota,described as follows:Beginning at a point on the East line of Government Lot 4,distant 434.3 feet South of the Northeast corner thereof,designated as Point A;thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes,a distance of 182 feet;thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet;thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet;thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet;thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet;thence Northeasterly to a point on the North line of Government Lot 4,distant 360 feet West of the Northeast corner thereof designated as Point B;thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4;thence northerly 100.00 feet along a tangential curve concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds;thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds;thence northwesterly on a line tangent to last described curve 267.40 feet;thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet;thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds,to a point on the west line of the East One-Half of the Northwest Quarter of the Southwest Quarter of said Section 2,exclusive of the highway(33 feet wide)upon the easterly side thereof,said East One-Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side,and which is 636.66 feet north from the Southwest corner of said East One-Half so ascertained;thence north along said west line of the East One-Half so ascertained 679.66 feet to the northwest corner thereof;thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2;thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. Also that part of said West One-Half of the Northwest Quarter of the Southwest Quarter of Section 2 exclusive of highway(33 feet wide)on the easterly side thereof,said West One-Half being ascertained after taking from said Northwest Quarter of the Southwest Quarter of Section 2 said highway upon the easterly side;lying easterly of Macmillan Addition,according to the recorded plat thereof and northerly of a line and its westerly extension described as commencing at the northeast corner of said West One-Half so ascertained;thence on an assumed bearing of South 00 degrees 17 minutes 01 second East,along the east line of said West One-Half so ascertained 679.85 feet,more or less to a point 636.66 feet north of the southeast corner of said West One-Half,said point being the point of beginning of the line to be described;thence deflecting right at an angle of 83 degrees 53 minutes 00 seconds on a line bearing South 83 degrees 35 minutes 59 seconds West 33.68 feet;thence South 82 degrees 23 minutes 59 seconds West 66.32 feet to the most southerly southeast corner of Outlot C,said Macmillan Addition and said line there terminating. Together with a non-exclusive easement for driveway purposes over,under and across part of Outlet C and Lot 2, Block 1,MacMillan Addition and the Northwest Quarter of the Southwest Quarter of Section 2,Township 17, Range 23,as described in the Private Road Agreement recorded January 14, 1930 as Document No. A1579568 and amended in the Agreement Regarding Correction of Easement Legal Description recorded June 19,2018 as Document Nos.A10563491 and T5538418. 4 230694v1 \WATo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7474 -iK6s H oo' EXHIBIT B TO RESOLUTION NO. Legal Description and Depiction of the Permanent Easement for Public Street (Fox Street) The portion of the north 33.00 feet of Government Lot 4, Section 2, Township 117, Range 23, Hennepin County, Minnesota, lying within the herein described Parcel A. (Contains 12,145 Sq. Ft. or 0.279 Acres) PARCEL A That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A; thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet; thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4; thence northerly 100.00 feet along a tangential concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One-Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, said East One-Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One-Half so ascertained; thence north along said west line of the East One-Half so ascertained 679.66 feet to the northwest corner thereof; thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. 5 230694v1 -,c),OAO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �� NO. 7474 t1'EsH04ti I E N UNE OF THE E 1/2--_.,,' OF THE NW 1/40F ' ' THE SW 1/4 OF SEC.2 I , I I IS:4 PARCEL A ( '• 0 200 , WEST UNE OF EAST 33.00 _r=� FEET OF THE E1/2OFTHE CC _ SCALE IN FEET NW 1/40F THE SW 1/4 I ,` I � , ctE ' J ,.i_ I————1 PERPETUAL ROADWAY EASEMENT L__——J (12,145 5Q FT.OR 0.274 ACRES) Ct __ Edward H Hamm Trustee f""► - '- 485 Orono Orchard Rd S Z•J PID:0211723320001 I _ -- - 0 2 — F \ E UNE OF THEE 1/2 I 0 r g; ., OF THE NW1/4OF G j -s A r ,, THE SW 1/4 OF SEC.2 I I ,. David C We erhaeussr RmF Tr / r *— - P , ,,-AGREEMENT Iv 1543 Fox St- d ' REGARDING I a r'. a PID:02117?3320003 :�E� 3 CORRECTION OF , `, yt FASFMENTOF i ., i-ah fi J Dayton �l PRIVATE ROAD a. ', LS 0 Fax St , AGREEMENT DOC. ', ! PM 0 1.7233200 2 h„ NO.A10563491 �Y _ > I!i r S LINE OF THE E 1/2 I WEST LINE OF, III ', OF THE NW 1/4 OF =E LINE I -1 PARCEL A, �'+ 'I THE SW 1/40F SEC.2 GOV T _ _. 3 LOT � . F-OX ST.- _ —ss �, — --- /`/ �_�. %_ SOUTH UNE OF • g N UNE OF EC.GO T ,J 33.00! -- NORTH 33.00 FEET`. LOT4OFSEC.2 7 r EdwaardHHammTrustee ,- x I OF GOV'T LOT 4 • ,r W P Henneman& 485 Orono Orchard Rd S A B Henrxeman ( PhD:0211723320001 ,_ 8 1485 Fox St --!; . -- 6 I PD:0 2 117 2 3 3 3000 1 . . _ , 5 i'� PARCEL A . ©Bolton&lvlenk,Inc.2024,All Rights Reserved 2 EASEMENT EXHIBIT PART OF: Ct FOX STREET,ORONO,MN GOV'TLOT4 r„ 9 2638 SHADOW LANE SEC.2,TWP.117,RNG.23 2 &B O LTO N SUITE 200 HENNEPIN COUNTY,MN M E K C 952}4 MN 46 855318 838 FOR: CITY OF ORONOiLi x vs JOB NUMBER: OC1.133233 FIELD BOOK: DRAWN BY: ARK 6 230694v1 \0A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7474 l� "ES H 0°' EXHIBIT C TO RESOLUTION NO. Legal Description and Depiction of the Permanent Easement for Public Street Purposes (Orono Orchard Road South) The east 33.00 feet the East Half of the Northwest Quarter of the Southwest Quarter of Section 2, Township 117, Range 23, Hennepin County, Minnesota. (Contains 57,941 Sq. Ft. or 1.33 Acres) AND That part of the east 33.00 feet of the herein described Parcel A lying south of the north 33.00 feet of Government Lot 4, Section 2, Township 117, Range 23, Hennepin County, Minnesota. (Contains 13,112 Sq. Ft. OR 0.301 Acres) PARCEL A That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A; thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet; thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4; thence northerly 100.00 feet along a tangential concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One-Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, said East One-Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One-Half so ascertained; thence north along said west line of the East One-Half so ascertained 679.66 feet to the northwest corner thereof; thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. 7 230694v1 --ONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �,�� l"�xFSHo�� NO. 7474 1 1 i -_ NE CORNER OF THE NW 1/4 : OF THE SW 1/4 OF SEC.2 i 1 PERPETUAL N LINE OF THE E - r ROADWAY 1/2OFTHENW 4 OF THE SW L�' LI EASEMENT 1/ I; (42,375 SO_FT. 1/4 OF SEC.2 1 OR 0.973 ACRES) 3100 •-1 PERPETUAL i.. _ ( ROADWAY ` L_._—L-_] Fb:"FMENL l (13,112 SQ FT. `1 OR 0.301 ACRES) ) ;"'. 4. 0 200 r C IIIIMMI WEST LINE OF EAST 33.00� ;r''�W!!'�'^ SCALE IN I-tt a FEET OF THEE 1/2 OF THE r t i t -WLINEOFTHEE NW 1/4 OF THE SW 1/4 i� --1' r 1/2OFTHENW PARCELA l% 1/4 OF THE SW L. 1/4 OF SEC.2 Edward H Hamm Trustee 4S5 Orono Orchard Rd S PE0:0211723320001 1 f r f- r r C D avld t-Weyerhaeuser Rev Tr `� - _ -_ . • _• -- it_ n 1540 Fox St PI 0211723320003 E LINE OF THEE 1/2--, I \. OFTHENWI/40F .,��' I r -,� THE SW 1/4 OF SEC.2 i' - c�"-c �'1 _r_.. v Elisabeeh 7 Dayton�,1 ` _ .i AGREEMENT 1520 Fox St \1� 4 a REGARDING PI0:0211723320002�s,A L a CORRECTION OF `+, 33_00 "�,-/ `i EASEMENT OF ��`'\� }i'li ) I .'....... > PRIVATE ROAD �� \ - ___ -I1 S UNE OF THE E 1/2 r"' AGREEMENT DOC ----__ ''`I,' OF THE NW 1/4 OF �.� 01, NO.A10563491 ---1,1; THE SW 1/4 OF SEC.2 I. (�_�/ [' f _?_._ . i O-X ST _ -____ - - /r 33:00, N LINE OF GOUT �f- j — �-F-- SOUTH LINE OF \ 0 LOT 40F SEC.2 rr, ) THE NORTH a � Edward H Hamm Trustee j.{ 33.00 FEET OF W P Her n en,an& I't�i - ,` 485 Orono Orchard Rd S 1\i GOV'T LOT 4 A E Henneman ( PI110211723320001 'j 14Z5 Fox St '°-'-1, r ,om" .8 PM f 1',23330001 - llfi _ .,' 33.00 ��"'..�. t ©Bolton&Menk,Inc.2024,All Rights Reserved PARCELA SEE SHEET 3 OF 3 - EASEMENT EXHIBIT PART OF:GOVT LOT 4& ORONO ORCHARD ROAD SOUTH,ORONO,MN E 1/2OF NW 1/40F SW 1/4 en 4 263 SHADOW LANE SEC.2,TWP.117,RNG.23 2BO LTO N SUITE 200 HENNEPIN COUNTY,MN Q & M E N K CHASKA,MN 5531E FOR: CITY OF ORONO G"i (952)448-S238 N JOB NUMBER: 0C1.133233 FIELD BOOK: DRAWN BY: ARK 8 230694v1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 'S,t11111E NO. 7474 ? c., ikEsHOV`‘c' I .‘ SEE SHEET 2 OF 3 I I - . . E LINE OF THEE 1/2... I. OF THE NW 1/4 OF ',. in I /,.. THE SW 1/4 OF SEC.2 \ Edward I-I Hamm Trustee 0 - •' ..-" , 485 Orono Orchard Rd S P10:0211723320001 ,, _ - PARCEL A -.e..r 33.00 --..1T .--- Ebe:h 1 Day7on 'I'1 r S LINE OF THE E 1/2 1520 FO:,St 1 ll ') OF THE NW 1/4 OF ; PID 0211723320032 1 f,f . 1 THE SW 1/4 OF SEC.2 j c', --, _ _ _. . • - . .S-T:i- - i.:`,// f i _ P- i L._ FOX _ _,_ ._ — -1/4- .,.,. -E LINE -7\ — --- _ • N LINE OF GOVT P3300 -/ 't i •i i SOUTFI UNE OF s, r OF . LOT 4 OF SEC.2 THE NORTH (5 GCArT 1:1 33.00 FEET OF Z LOT 4 I GOV'T LOT 4 111 Edward H Hamm Trustee ..ii... ., 485 Orono Orchard Rd S PI D:0211723320001 Cg ',..., ..--- ' • '' ' ' \\\;*, ' ' ' PARCEL A P 'W P4-fenneman& A.\ I I A S I-termer/Ian „," ^,."',` -•::.-",___ SOUTH LINE-. 1 I) OF PARCEL A ,.- N 1485 Fox St , i ..., .„.., I P 0211723330001 .," /74,---:,-----...-„r. , , , AGREEMENT ' .., ,, . ...., REGARDING ..," 1 „..., CORRECTION OF < i EASEMENT OF ..-• -r; ' , ,,,,,,,....V.' c) ....< 1 ,./.- PRIVATE ROAD ' AGREEMENT DOC. "..7. c, NO.A10563491 -....„ ''' Wayzata Bay lif.: , --- - —1 1465 Fox St / -a - PID-02117233300O2 --. / Ts ,..i. .. , .. .... "" ."7 t 1 . . „, r m M .9, IS' ,275` ."& 7——— PERPETUAL ROADWAY EASEMENT I———— J (42,375 SQ FT.OR 0.973 ACRES} g 0 200 1.1' RIM 7———7 PERPETUAL FASFMENT AREA ..-, 5 SCALE IN FEET I—————I (13,112 SQ.FT.OR 0.301 ACRES} 6' 5 -- ©Balton&Menk,Inc.2024,All Rights Reserved l fh ii EASEMENT EXHIBIT PART OF: ORONO ORCHARD ROAD SOUTH,ORONO,MN 2638 SHADOW LANE E 1/2 OF NW 1/4 OF SW 1/4 g SEC.2,TV/P.117,RNG.23 en t..) (D EIC)LTON SUITE 2013 HENNEPIN COUNTY,MN rn '•,6'.' & MENK CHASKA,MN 55318 FOR: CITY OF ORONO (952}448-8838 = v) JOB NUMBER:0C1.1.33233 FIELD BOOK: DRAWN BY: ARK 9 230694v1