HomeMy WebLinkAboutResolution 4303 �—
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��6. � CITY of URONO
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�,� �'� RESOLUTION OF THE CITY COUNCIL .
� �9k'ESI3�4�' NO. � 3 � � `
A RESOLUTION APPROVING
TERMINATION OF CERTAIN EASEMENTS �
WITHIN THE PLAT OF
ORONO SCHOOL EXPANSION
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WHEREAS, the City of Orono entered into a Developer's Agreement for the plat of
Orono School Expansion dated November 28, 1988 to facilitate the platting by Independent
School District No. 278 (School District) of certain property intended for future expansion by the
School District; and
� � WHEREAS, pursuant to the Developer's Agreement certain rights were given to the City
of Orono with respect to Outlot A which was platted as an access road for the plat known as
Orono School Expansion; and
• WHEREAS,no improvements have been constructed on Outlot A; and
WHEREAS, the School District now intends to construct a school building on the Orono
School Expansion and to consolidate into a single tax parcel all of the separate tax parcels which
presently comprise the Orono School Expansion plat; and
WHEREAS, Section 2.5 of the Developer's Agreement provides that:
"If neither of the contingencies set forth in Section 2. 1 (a) [failure to acquire title] nor(b)
[development of the property] occurs, or if the Developer acquires fee simple absolute
title to all of the Property within said eleven(I I)year period [ending November 28, 1999], .
then the City shall, upon the Developer's petition for combination of Lots I and 2, Block
1, Lots I and 2, Block 2, and Outlot A into a single lot, provide the necessary resolutions,
' approvals and other reasonable documentation, all in recordable form,to grant approval of
such combination, to vacate, abandon and terminate the Easement in Outlot A, and all
other such easements, except those which adjoin the outer boundary lines of Lots I and 2,
, Block I and Lots I and 2,Block 2, and to terminate this Agreement."; and
� WHEREAS, School District has, within the applicable time period requested the
vacation, abandonment and termination of the easement in Outlot A and certain other easements
as described in Section 2.5 of the Developer's Agreement;
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��b. - C ITY of ORONO
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�� �G'� RESOLUTION �OF�TH��E�CITY COUNCIL
9kESS�4 , NO.
NOW,THEREFORE,BE IT RESOLVED,that pursuant to the terms and conditions of
the Developer's Agreement and as a result of the request of the School District,the City of Orono
hereby ternunates the easement on Outlot A and, subject to the following resolutions,relinquishes
any and all other property rights to said Outlot A; and �
FURTHER BE IT RESOLVED, that the City of Orono hereby terminates the ten foot
utility easements created by the Orono School Expansion plat in all areas except with respect to
(I) such 10 foot easements on the outer boundary lines of Lots 1 and 2, Block 1 and Lots 1 and 2,
Block 2 and (II) the drainage easements on the Easterly portion of Lot 2, Block 2, which such
easements as described in (I) and (II) shall not be terminated and shall continue in full force and
, effect.
FURTHER BE IT RESOLVED, that the City of Orono shall execute and deliver a quit
claim deed to the School District with respect to said Outlot A; and
• FURTHER BE IT RESOLVED, that, as a condition to the foregoing actions by the City
of Orono,the School District shall grant ten foot utility easements on the Easterly and Westerly
10 feet of said Outlot A in a form satisfactory to the City of Orono.
FURTHER BE IT RESOLVED,that the Mayor and City Clerk are hereby authorized to
execute and deliver the quit claim deed referred to in the preceding paragraph.
. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 14th day of June, 1999.
ATTEST: •
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Linda S.Vee,�City Clerk Gabri Jabbour,Mayor -
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��6. � CITY of ORONO
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�,� G'ti RESOLUTION OF THE CITY COUNCIL
�9kESH.�4�' NO. � � ��n�
STATE OF MINNESOTA ) '
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of June,
1999 by Gabriel Jabbour and Linda S.Vee,Mayor and Clerk of the City of Orono, a Minnesota
municipal eorporation and said instrument was executed on behalf of the City.
(�'i ri (/ � ��0.��21�-J
CARdLE A.HASEMAN Notary Public
NOTARY PllBUC-MINNESOTA
My Cornnilssion Expirea Jan.31.2005
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