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HomeMy WebLinkAbout#2064 Resolution 3670POPHAM HAIK SCHNOBRICH & KAUFMAN, LTD, IN CLU DIN G THE LAW PRAC TICE OF MASON , FENWICK & LAWRENCE, ESTABLISHED U .S . OFFICES : DENVER, COLORADO TEL 303 -893-1 200 MIAMI , FLORIDA TEL 305 -530-0050 WASHINGTON , 0 .C . TEL 202-824 -8000 Mr. Michael Gaffron City of Orono P.O. Box 66 Crystal Bay, MN 55323 SUITE 3300 222 SOUTH NINTH STREET MINNEAPOLIS, MINNESOTA 55402 -3336 TEL 612-333-4800 • FAX 612-334•8888 CARRIE L, BAZELLA DIRECT DIAL (612.) 334-2.696 April 26, 1996 Re: Olson/Geffre Subdivision Our File No. 3643.47 Dear Mike: 1 861 AFFILIATIONS : BEIJING, CHINA TEL O I 1861 ;-513526 1 LEIPZIG , GERM ANY TEL O I 149-3 4 1-491 8429 STUTTGART, GERMANY iEL O I I 49-71 1-22363 As we discussed in connection with the referenced matter, I am returning the Drainage and Utilities Easement signed by the Olsons, because the notary 's stamp has expired. I am also returning the Vacation Resolution, which cannot be filed until the new easement is put in place. Please arrange to have a new Drainage and Utilities Easement signed by the Olsons and return the original and the original Vacation Resolution to Chris Empson at Metro Legal (see his card enclosed). He is aware that you will be sending the documents to him directly. It was a pleasure working with you these past several years. Best wishes to you in the future. Enclosure cc: Chris Empson w/o Enclosure 357/22111543 4/26/96 Very truly yours, Carrie L. Bazella Legal Assistant ( i11~ 1f ,t' ff OL CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 7 0 A RESOLUTION VACATING AN UNUSED PORTION OF DEDICATED DRAINAGE AND UTILITY EASEMENT WITHIN OUTLOT C AND LOT 1, BLOCK 2, BAYVIEW FARMS SECOND ADDITION, SECTION 6, TOWNSHIP 117 NORTH RANGE 23 WEST, IN THE CITY OF ORONO, MINNESOTA FILE NO. 2064 WHEREAS, the City of Orono is a municipal corporation organized and existing under the lmvs of the State of Minnesota; and 'WHEREAS, on August 24, 1995, Robert S. Olson and Irvin T. Geffre filed a petition with the City of Orono requ,~sting the vacation of a p01iion of drainage and utility easements originally dedicated witbin the plat of Bayview Fanns Second Addition, legally described as follo,.vs: That portion of the 10.00 foot wide drainage and utility easements centered on the adjoining lot line between Lot 1, Block 2 and Outlot C, Bayview Farms Second Addition, Hennepin County, Minnesota described as follows: Beginning at the southwest corner of said Lot 1; thence North 89 degrees 4.5 mimitcs 00 seconds east a distance of 148.50 feet; thence south 00 degrees 36 minutes 38 seconds east 2. dist:mce of .35.00 feet and there tenninating. Except the west 10.00 feet of said Lot 1 and the west 10.00 foet of said Outlot C; and \VHEREAS 1 after due p-ublished and posted notice, a public hearing was held befc:re the Orono Plam1ing Commis3ion on September 18, 1995 regarding said vacation and all persons interested were given an opp01iunity to be heard; and \VHEREA.S, after due standing and consideration, the Planning Commission recommended approval of the requested va~alion and the Council of the City of Orono finds that said vacation, as proposed, is in keepiEg \Vith the public interest in consideration of the following findings: TiRANSFER ENTERED ~~lN COUNTY TAXflAYER SERVICES Page 1 of 3 BY APR 25 1996 lNN. ~-.:..-+-,':,I-DEPUTY CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 7 1. 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 portion of dedicated drainage and utility easement described above. 3. The portion of dedicated drainage and utility easement as it exists serves no public purpose. 4. The portion of dedicated drainage and utility easement, as a result of a lot line reaffangement 'Nill no longer coincide with the boundary between the properties at 4665 and 46XX Bayside Road. 5. All public utilities with a potential interest in said drainage and utility easements have indicated they do not oppose the vacation. NOW, THEREFORE BE IT RESOLVED, that the petition of Robe1i S. Olson and Irvin T. Geffre is hereby granted and ~~i!!~€1:!~~L1E~ig~B~,,':1;~~-l!!t!itY,- ealGJ11~!2t§_J~g€ll1Y described above ishereby '.'aCtl!e.1: .. The granting of the petition is subject ;; the following.cor'idftTo'11:·=-•· '""~~•v,,, •. , .• •~ • n•/,• .. 1. Prior to filing of this vacation approval resolution with Hennepin County, the property owners shall grant to the City a new drainage and utility easement 5' either side of the revised mutual property boundary. Adopted by the City Council of Orono, Minnesota at a regular meeting held February 12, 1996. Page 2 of 3 , . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 6 7 0 ,,,.--The foregoing instrument was acknowledged before me on this 12th day of February, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, :Mayor and City Clerk of t be C ity of Orono, a Minnesota municipal corroration and said instmment was executed on behalf of the City. ~ LINDA S. VEE NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commi ssio n Expires Jan . 31, 2000 . t~ Page 3 of 3 STATE OF MINNESOTA ) ) COUNTY OF HEi'lliEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 6 7f 0 I, Dorothy M. Hallin, City Clerk of the City of Orono, He11I1epin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on February 12 , 19 --9..6.., and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this -------13th day of February , 19..9.,6._. ··0"\