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Home My WebLink AboutResolution 1057 r . � .. . _ � � RESOLUTION N0. 1057 • A RESOLUTION VACATING A PLATTED � UTILITY EASEMENT ACROSS LOT 3, BLOCK l, DICON ADDITION : WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on April 25, 1979, the owners of Lot 3, Block 1, Dicon Addition petitioned the City Council for vacation of an unused 50 foot wide utility easement across said lot; and WHEREAS, after due published and posted notice, a public • hearing was held before the City Planning Con�unission on June 11, 1979 regarding said vacation, all interested persons were given an opportunity to be heard, the only comments heard being in favor of said vacation; and - WHEREAS, the owners of Lot 3, B1ock 1, Dicon Addition, have granted to the City o�f Orono a perpetual drainage and utility easement over, across and under a portion of said lot which is � being used for storm water drainage; and WHEREAS, after due study and consideration, the Planning Commission recommended approval of the requested utility easement vacation conditioned upon granting of the new drainage and utility - easement, - . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby grants said petition and hereby vacates the utility easement .described as follows: , That part of the fifty foot utility easement labeled "50.00 UTILITY EASM'T" within Lot 3, Block 1, Dicon Addition, according to the recorded plat, lying northwesterly of the south�asterly ten feet of said lot. , Conditioned upon the owners of said lot granting a new drainage and utility easement to the City attached as Exhibit A heret . Adopted by the City Council of the Ci y of Or n the 2 day of Julv , 1979. ^`� William B: Van est, yor � ATTEST: Walter R, enson, Clerk/Administrator • �: . - EXHIBIT A � � � � Resolution No I057 . DRAII�AGE & UTILITIES EASEMENT • THIS INDE URE, made is :�� y of 19�_, by and between � hereinafter referred to as "Grantor(s)" , and the City of Orono, a municipal corporation, under the laws of the State of Minnesota, hereinafter referred to as "Grantee" , WITNESSETH, that Grantor(s) , in consideration of the sum of One Dollar ($1 .00) and for other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s) , do(es) hereby grant, bargain, sell and convey to Grantee, its successors • and assigns, an easement for public drainage and utilities purposes and uses, on, across and under the land in the County of Hennepin and State of Minnesota as follows: A 20 foot drainage and utility easement over, under, and across Lot 3, Block l, DICON ADDITION, Hennepin County, Minnesota, according to the recorded plat, • being 10 ,0 feet on each side of the following described line: Commencing at the northeast corner of Lot 2 of said Block l; thence on an assumed bearing of South 34 degrees 49 minutes SO seconds West along the southeasterly line of said Lot 2 a distance of 20. 00 feet; thence South 21 degrees 20 minutes 35 seconds East 70. 00 feet to the beginning of the line to be described; thence • North 21 degrees 20 minutes 35 seconds West 60 .00 feet; thence North 46 degrees 21 minutes 35 seconds East 85.00 feet and there terminating, including but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate and repair a storm sewer catch basin, culvert or other drainage control device, sanitary sewer lift station, sanitary sewer interceptor, sanitary sewer main or li�e, and any and all appurtenances incidental and related thereto, (such are hereafter collectively referred to as the Improvement) , and the Grantee shall have the right to make such use of said land as is reasonably necessary and advisable to the construction, installation, maintenance, operation and repair of the Improvement. . In addition to any other remedy the Grantee may have, t�e covenants and restrictions contained herein may be enforced by injunction. i - - EXHIBIT A � _ _ � Resolution No. 1057 � • TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns , permanently, ' The Grantor(s) herein certify that the lands herein descr' ed e fre and clea of all encumb ances except: � �_ � � ! � IN WITNESS WHEREOF, said Grantor(s) have set hand(s) on the day and year first ab ve writ . � � �� • STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) • On this �'� day of , 19 � �� , before me personally appeared ��„��.'�, n ��, „ _�i',�. `_�,�__,, - to me known to be the person(s) described in and who signed the foregoing instrument, and acknowledged that they executed same as their free act and deed, p�.gERTA h9. ��'�S;'!� "�otary Public, Henne,in County, P,"in::eso'3 . My Commiss;on Fxrirt?5 �r:arch 27, I�L�9 [ �..��`�� . �'�-�.� Notary Public STATE DEED TAX DLTE HEREON: Exempt This Instrument was Drafted by: Popham, . Haik, Schnobrich, Kaufman & Dot3 , 4344 IDS Center � Minneapolis , Minnesota 55402 335-9331 � ' V � f �► �. � �/� . . • � , • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO � The undersigned duly qualified and acting City • Clerk/Administrator of the City of_ Orono hereby certifies that attached hereto is a true and correct copy of the original Resolution passed by the City' Council of the City • of Orono on July 24 � , 1979 , approving vacation - of platted utility easement across Lot 3, Block 1, Dicon Addn. on file in the office of the City Clerk/Administrator, Citp . � of Orono, ' . � . . � . • . , C� � - • _ Walter R, son, Clerk/Administrator � - Dated this 24 day of ,Tuly , 19.7�. � (Seal) � .