HomeMy WebLinkAboutResolution 5001 ,
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��� �G�' RESOLUTtON OF THE CITY COUNCIL
`9kEsYiog' No. � � Q ,
A]ltESOLUTION APPROVING
. THE'6VACATION OF
A DEDICATED DRAINAGE &UTILITY EASEMENT
WI�'HIN LOT 2,BLOCK 1,YALE SNIILEY ADDITION �.
-FII,E NO. 03-2900
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,William Yale Smiley(hereinafter the "applicant") is owner of Lot 2,
Block 1,Yale Smiley Addition,Hennepin County,Minnesota; and
WHEREAS,the applicant has requested that the City of Orono(hereina$er"City") �
vacate a portion of the drainage and utility easements dedicated to the public within the plat of Yale
Smiley Addition, such easement portion to be vacated legally described as follows: �
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That part of the 10 foot wide drainage and utility easement along the
southerly 10 feet of Lot 2, Block 1, Yale Smiley Addition which lies easterly
of the easterly line of the westerly 10 feet of said Lot 2 and westerly of the
westerly line of the easterly 10 feet of said Lot 2.
(hereinafter "the drainage easement"); and
BVHEREAS, after due published and mailed notice, the Orono Planning �
Commission held a public hearin� on May 19, 2003 regarding said easement vacation, at which
time all persons desiring to be heard concerning this application were given the opporiunity to
speak thereon; and .
�VHEREAS, after due standing and consideration, the Plannirig Commission
recommended approval of the requested easement vacation and the City Council of the City of
Orono finds that said easement vacation, as proposed, is in keeping with the public interest in
consideration of the followin� findings: '
l. The vacation does not affect access to or use of any adjoining property.
2. The City has not and does not intend to develop, improve or use the easement
. portion to be vacated. '
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��� �G~' :. RESOLUTION OF THE CITY COUNCIL
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3. The appropriate utility companies have been contacted and none are opposed to
the vacation. �
4. The easement portion as it currently exists serves no public purpose. � . .
5. Vacation of the easement will allow the construction by applicant of an attached
garage without encroaching the eas.ement.
6. A new drainage and utility easement will be granted at a location adjacent to the
easement being vacated to serve future drainage and utility needs.
NOW, THEREFORE BE IT RESOLVED, that the petition of William Yale
Smiley is hereby granted and that the portion of drainage and utility easement as legally
described above is hereby vacated.
• Adopted by the City Council of the City of Orono Minnesota at a re lar
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meeting held this 23rd day of June, 2003.
ATTEST:
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Linda S. Vee, C�ty Clerk Barbara Peterson, Mayor
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`�kEs�IOg' . NO. � � 1 .
STATE OF MINNESOTA ) .
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COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me on this 23rd day of June,
�003 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instniment was executed on behalf of the.City.
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