HomeMy WebLinkAboutResolution 5092 s
�:�<,-- _. t •
i�1
4:� . � o� .
• o , o ,
3 C ITY of URONU
� �
ti
�� G'�' • RESOWTION OF T E CITY�COUNCIL
L`q.kE KOg'� NO. �� � ��
S
A RESOLUTION APPROVING
THE VACATION OF
A DEDICATED DRAINAGE & UTILITY EASEMENT
� WITHIN LOTS 14 AND 15, BLOCK 1,THE FARM AT LONG LAKE
-FILE NO. 03-2951
W�iEREAS, the City of Orono is a municipal corporation organized and existing .
under the laws of the State of Minnesota; and
WHEREAS, James W. Pierpont and Judith A. Pierpont, husband and wife
(hereinafter the"applicants")are the owners of property locared at 1801 West Farm Road and 1849
West Farm Road within the City of Orono (hereinafter"City") and legally described as follows:
Exhibit A attached
• � (hereinafter"the properties"); and
WHEREAS,in conjunction with approval of a relocation of a lot line rearrangement
involving the pro.perties,the applicants have requested that the City vacate a portion of the drainage
and utility easements dedicated to the public within the plat of The Fann At Long Lake, such
easement portion to be vacated legally described as follows:
Exhibit B attached
(hereinafter "the existing easement"); and
WHEREAS, after due published and mailed notice, as well as notice to the
appropriate public utilities potentially using the existin� easement, the Orono Planning
Commission held a public hearing on November 20, 2003 regarding said easement vacation,
at which time all persons desiring to be heard concemi.ng this application were given the
opportunity to speak thereon; and
WHEREAS, after due standing and considera.tion, the Planning Commission
recommended approval of the requested easement vacation and the City CounciI of the City of
Orono finds that said easement vacation, as proposed, is in �eeping with the public interest in
consideration of the following findings:
•
Page 1 of 3
�
�i �
c:� o.� .
�
• O ,, o
. � CITY of ORONU
� �
. ti
�,� G'�' � RESOLUTION OF THE CITY COUNCIL
�`9k'ESH.�4� � NO. � O � � .
. 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. �
3. The appropriate utility companies have been contacted and none are opposed to
the vacation.� XceUNSP has indicated that the easement vacation should not
become effective until such time that electric facilities within the existing
easement have been relocated.
4. The easement portion as it currently exists will serve no public purpose upon
relocation of the aforesaid electric facilities..
5. A new drainage and utility easement will be granted by the applicants within Lot
14, 10 feet either side of the new property boundary, to serve future drainage and
• utility needs.
NOW, THEREFORE BE IT RESOLVED, that the petition of James� W.
Pierpont and Judith A. Pierpont is hereby granted and that the portion of drainage and utility
easement as legally described above is hereby vacated, subject to the following conditions:
1. This vacation approval shall not become effective, and this resolution shall not be
released for filing, until such time that the applicants provide written confirmation from
XceUNSP that their interests in the existing easement have been abandoned.
2. This vacation approval shall not become effective, and this resolution shall not be
released for filing, until such time that all conditions of the lot line rearrangement
approval have been satisfied and the lot line rearrangement approval resolution has been
released for filing. �
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 8th day of December, 2003.
ATTEST:
� U�� �
• Linda S. Vee, City Clerk Barbara Peterson, Mayor
Page 2 of 3
�
.�o�,.
�t .
� o � o
� C ITY of ORONO
� . ; �
ti
ti
RESOLUTION OF THE CITY COUNCIL
�L`9k'ESI3�g'�G NO. � � � �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instn.unent was acknowledged before me on this � day of
December, 2003 by Barbara A. Peterson & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the ,'
City.
� . �._
• �:.6•�(, ��.; � b2�1�'.lL���.
Notary Public
�
AUSSA A.WINTERfVHEIMER
NOTARY PUBLIC-Mlt��dFSOTA
My Commisson Ex;'-.�ic�.31,2006
„t;^�',_�°
� . �
Page 3 of 3 .
-�
#
.
_ • i
a
EXHIBIT A �j � 9 2
,� RESOLUTION NO.
•
EXISTING LEGAL DESCRIPTION
1) Lot 14, Block 1, THE FARM AT LONG LAKE '
� .
2) Lot 15, Block 1, THE FARM AT LONG LAKE
ALSQ
That part of Lot 16, Block 1, THE FARM AT LONG LAKE, according to the recorded plat
thereof on file and o� record in the office of the County. Recorder , Hennepin County.
Minnesota lying southerly of the north .104.72 feet and northerly of the foilowing '
described line: '
. Carr�encing at the southwest corner of said Lot 16; thence North 02 degrees 12
minutes 03 seconds East , assured bearing, along the West line of said Lot 16,
101 .24 feet to the point of beginning; thence South 87 degrees 47 minutes 57
seconds East, 277. 16 feet ; thence North 84 dagreas 53 minutes 26 seconds
East, 434.32 feet to d point on the northeasterly line of said Lot 16, distant
' 355.57 feet southeasterly of the 'northeast corner of said Lot 16 and there
terminating. , �,
• I
;
�
s �
� a EXHIBIT B
• RESOLUTION NO. 5 0 9 Z
� .
DRAINAGE AND UTILITY EASEMENT TO BE VACATED
That part of the 20.00 foot wide drainage and utility easement dedicated to the
public in the plat of The Farm At Long Lake,Flennepin County,Minnesota,which
is centered on the common lot line between Lots 14 and 15,Block 1,The Farm At
Long Lake,which lies north of the south 10.00 feet of said Lots 14 and 15. ,
•
�