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Home My WebLink AboutResolution 6003 � �O� (� �� O O � ;. � C ITY of ORONO ti �� G~ RESOLUTION OF THE CITY COUNCIL `9k'ESH�g' NO. _ 6 (1 (1 3 A RESOLUTION APPROVING A LOT LINE REARRANGEMENT AND EASEMENT VACATION FOR PROPERTIES LOCATED AT 2980 and 2990 SUSSEX ROAD FILE NO. 10-3489 WHEREAS, the City of Orono is a municipal corporation organized and e7cisting under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and �' WHEREAS, Justin Kelly and Susan Kelly, a married couple (hereinafter "Kelly") is the owner of the property located at 2990 Sussez Road within the City of Orono (hereinafter "City") and legally described as: Lot 3, Block 3, Fox Bend, Hennepin County, Minnesota (hereinafter "the Kelly Property"); and WHEREAS, Scott Weisberg and Claudia Weisberg, a married couple (hereinafter "Weisberg") is the owner of the property located at 2980 Sussez Road within the City of Orono (hereinafter "City") and legally described as: Lot 4, Block 3, Fox Bend, Hennepin County, Minnesota, (hereinafter "the Weisberg Property"); and WHEREAS, Kelly has submitted an application for a lot line rearrangement for the Kelly and Weisberg Properties that would relocate the lot line between the properties; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the lot line rearrangement on November 15, 2010 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono City � 1 Council held a public hearing on the proposed vacations at a regular meeting held on December Page 1 of 3 � o� 0 0 CITY of ORONO a ;. � ti �� G~ RESOLUTION OF THE CITY COUNCIL `�kEsKo�`' rvo. _ 6 U � 3 13, 2010 and in consideration of the following findings the Council finds the vacation as proposed is in keeping with the public interest: 1. Kelly and Weisberg are the owners of all property underlying the portion of the drainage a.nd utility easement proposed to be vacated. 2. The gas, electric, telephone and cable companies have consented to the vacation. 3. The City Engineer finds the vacation acceptable. 4. New drainage and utility easements in the appropriate widths and locations determined by the City Engineer will be granted to replace the easements being vacated. WHEREAS, the Orono City Council reviewed the proposed lot line rearrangement at a regular meeting held on December 13, 2010 and makes the following additional findings with regards to the proposed lot line rearrangement: FINDINGS 1. This application was reviewed as Zoning File#10-3489. 2. Following the lot line rearrangement the Kelly Property will have 2.84 dry acres and 350' in width; and the Weisberg Property will have 2.01 dry acres and 275' in width. Each property is and would remain conforming as to area and width when compared to the minimum 2.0 acre area and 200-foot width standazds of the RR-1B Rural Residential Zoning District in which both parcels are located. 3. The proposed lot line rearrangement will not result in making any of the structures on either property non-conforming. 4. The proposed lot line rearrangement will not adversely affect primary or secondary septic treatment sites on either property. 5. The lot line rearrangement proposes to place the lot line where Kelly and Weisberg had thought it to be for many years, as demonstrated by how both Properties were maintained. i Page 2 of 3 � o� � o 0 C ITY of ORONO � -;- � ti �'�� G~' RESOLUTION OF THE CITY COUNCIL `�kEsK�g' No. 6 0 p 3 CONCLUSIONS,ORDER AND CONDITIONS NOW, THEREFORE, SE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants the lot line reanangement of the above referenced properties including vacation of existing drainage a.nd utility easements within the plat of Fox Bend as described in Exhibits A and B, subject to the following conditions: 1. The appropriate deeds reflecting the new legal descriptions shall be filed with either the Hennepin County Recorder's Office or Registrar of Titles Office together with a certified original copy of this resolution on or before December 13, 2011, or the approval granted by this resolution shall expire. � Adopted by the City Council of Orono, Minnesota this 13�' day of December 2010. ATTEST: �T,�.�� r��-- . Linda S. Vee, City Clerk J es M. White, Mayor ) Page 3 of 3 � . � ��lu�ov� G-�hi bi+ 1� � PROPOSED LOT LINE REARRANGEMENT AND � I � � � ,3 CERTIFICATE OF SURVEY FOR �\\ � �•� SUSAN AND JUSTIN KELLY �� 8� SCOTT AND CLAUDIA WEISBERG „ � A'��,-'�� ,/ i OF LOTS 3 AND 4,BLOCK 3,FOX BEND �- N6�•� �� :• ,� I HENNEPIN COUNTY,MINNESOTA �� ' I � �� ' � I ��/ E� `�E~� / I 5 / I ♦ I /� N P��'t . �'�. P` Q , � � �e.......... ......._p R PE �• / i IXISTNGLEOILLDESCRIPf10N5: pa p •\ " / I �.a.�a a.eba�s.wx e�r+o ��'g �1 \� ��'eP I N� PROPOSED LEGAL DESCRIP710NS: H�M�`� y � r,�a�ea,mae�anr�ss.00 _ —,- 1 '� �, i j� fwt d La 4,Bbek 3.FU7(B raw e:�a a,eba�a Fox eao O z � 3 n�n I � I � .«�eoe w�+oro�.mr a�.m r�m�or. C'� '�,$$ � o°�TND�r►�c i.`'Tor a-z'�'sz�,c�"`� � � 0: dM101MYM11Wltef � � 11 �PARCEL A�48it AG i i i BMlltl�f�hW/11 if�bYiBtl Otl NfW1Mtl diWlll. ` �_� This su�wy sliows tha bountlarles of ths�bove 0 � '1 e '" � p• I I I $ n��an°�OP�Y.war�+��na:s� `� � a...�w/�•�...-•""' sIXISTING E � � �M•.myatMrYnprovwnenbor � '" ! � • MOUSE w � � � ' � •�1'.... `\ \\ V4 L. I I I A 1��0 k�otwqe w�nrMfor utBNy pumor�ovar.undar�nE aaoae II \J I _ I I M�t WK of Lot 4.Bbck�.FOX BEND yYp wlMin 5 Nst on�aM ald� � aM ,e ' I W of tlr foOOM�p tlraDW c7nMAYr:Cp�mrkh9�t tle NMtnYaat a mmx m..a Lat s:aw�on an rn.�w U«iinu m soum es a.cr«. � _ I � 6d.lonD tM�wrth Yna d aitl lot 4 a daeias oF 6A0 Mt W tM POMt ni. �o� � � I o of bepiisY�ip of ths aeMUYns baFp dma6�d�Msnte SauN 75a�nes muisaouhenyunewmenannwys3.00twcawdbl�,�nda�ta g�g+ '+-�—.---'S85'E 337.04 $y osnlsAYiatMroadinp. �• ' .qro.----- ___�---- ___ I Ny°' . earv�eus • -----__ '-- �a j I ' !vl%cO.�tAN� .•p,�p�EL BEM6 A � , � DOED TO NptTH LOi•� �y�„�,[�s��p�34�.48 �� .. aS>e�—a.��. � ' o�� A-'� � ��atF V*��* ...... O�Q �i � .,� �•i� �------'� GaY... Q��O\C��y' � 8�� / `��,b�� 4 �, �� . I �� ``�°�' B, �� i � � H / `i � iwEtseE�i�) ..............twA...........1 . , ��._�.:�.,�w $r OOSTHG LOT 4�2t2=K ptY _ `� �I PqOPOSED PARCEI.B�2A3:AC ' -- rnavos�vu�.B.2o�e nc an � r,..�,.Ri � � --�--- � �_____�� g .................:;..........,mo.. - .�.... ��. 4 � I '•.�,,,��,ac� g :-��:."��s•:..•i Z •I ensEUENr..........:.. .: ,xn w�, -_........ . : s ___� PER PLAT _ ; _�— • : _____'.�_ —_____J a N B8'50'39'W 470.88 a FOX STREET = �Yp[yRp� p�h p�pep� ' 1 I(q[b�CFMf�Iw�T TMS 0.Ml!K!lIGION.dl IIWR � GRONBERG 6 ASSOCIATES,IN wu v�wuso ar�c a uue Yr uucr sv��mon.ro +'�so' ixl.f�ul�plLr L4TMLD WIME59GM1L[nGWEA�W WD �aRtnc bORCG�ro w�[vPi Lrt rtw(�s �Yw u�CEA�K LnW3 OP M iT�T[0�WfmT�. WR «o x.uw e�.�w a.¢w enx ta+to e�.na..�., /. .io�.o wR w uCLM[M�uR� l 1dT76A 10776 A \ �e�u�o� ��-�� IJ(�► �z-�ao2 {p �' � ��C ��(1l t I Proposed Drainage and Utility Easement To be vacated by the City of Orono b In Lots 3 and 4, Biock 3, FOX BEND � Q 3 Hennepin County, Minnesota That part of the 10.00 foot wide drainage and utiliiy easement lying 5.00 feet on each side of the common lot line between Lots 3 and 4, Blodc 3, FOX BEND, as dedicated to the public in said plat, which lies west of the west fine of the east 5.00 feet of said Lots 3 and 4 and which fies easterly of the easterly (ine of the westerly 10.00 feet of sa��Lots 3 and 4. C �Ty a� �,Q a/�'O R��E'I�'�D - OCT � 4 ��;,�0 ----- --- ---- CtTY 0�ORONO ��u�o� E�►b�� t� ��D �. ,/�n� 12-10-02 �!- �, Proposed Drainage and Utility Easement Description � � � � From Don 8�Wendy Peterson to the City of Orono In Lot 4, Block 3, FOX BEND Hennepin County, Minnesota An easement for drainage and utility purposes over, under and across the southerly 10.00 feet of the northerly 58.00 feet of Lot 4, Block 3, FOX BEND, according to the recorded plat thereof. 6��@`a9�� OCT 14 2010 CITY OF ORONO � � •-.