HomeMy WebLinkAboutResolution 4329 r '
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�',� G'�� . RESOLUTION OF THE CITY COUNCIL
�9kESII04�' NO. � � � �
A RESOLUTION VACATING
DRAINAGE AND UTILITY EASEMENT WITHIN
THE PLAT OF ABI1V'GDON GLEN AND
RELEASE OF EAST 60 FEET OF LOT 5,BLOCK 1, ABINGDON
GLEN FROM PRIVATE ROAD EASEMENT
. IN THE CITY OF ORONO,
HENNEPIN COUNTY, MINNESOTA
FILE NO. 2474 �
WHEREAS,the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WI�REAS,on March 12, 1999,C.Steven Wilson and Susan D. Wilson(hereinafter
the "applicants") filed an application with the City of Orono requesting a Class I subdivision of a lot
line rearrangement for properties located at 325 Brown Road South and 2150 Abingdon Way; and
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W�IEREAS, on June 28, 1999 the City Council approved a subdivision of a lot line
rearrangement for properties located at 325 Brown Road South and 2150 Abingdon Way per
Resolution No. 4313; and
WHEREAS,the ten foot drainage and utility easement existing along the previous
property line was not vacated at the time of subdivision, and applicants have granted to the City of
Orono a underlying drainage and utility easement along the new property line; and
WHEREAS,after due published and posted notice,a public hearing was held by the
Orono Planning Commission on July 19, 1999, regarding said vacation and all interested persons
were given an opportunity to be heazd; and
WHEREAS, properties in Abingdon Glen are subject to a Deciaration of Private
Road Easement and Declaration of Covenants for Maintenance; and �
WHEREAS, the east 60 feet of Lot 5, Block 1, Abingdon Glen has been legally
combined with property located at 325 Brown Road South; and
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9kESH�4 NO.
WHEREAS, on July 19, 1999 after due standing and consideration, the Planning
Commission recommended unanimous approval of the proposed vacation; and
WHEREAS, the City Council of the City of Orono finds that said vacation of
drainage and utility easement legally described as follows:
That part of the 10.00 foot drainage and utility easement that lies westerly of, measured at right
angles to and parallel with the east line of Lot 5,Block 1, ABINGDON GLEN, Hennepin County,
Minnesota according to the record plat thereof that lies southerly of the north line of the south 900.00
feet of the Southeast Quarter of the Northwest Quarter of Section 3, Township 117, Range 23,
Hennepin County, Minnesota.
The drainage and utility easement vacation as proposed is in keeping with the public interest and in
consideration of the following findings:
.• 1. The vacated easement has not been utilized for utilities.
2. A new drainage and utility easement has been dedicated along the newly created
property line.
3. The City does not intend to use the easement to be vacated for any public purpose.
4. Utility companies have been notified of the proposed vacation and none have
indicated an objection.
NOW,THEREFORE,BE IT RESOLVED,that the vacation of the drainage and
utility easement legally described above is hereby granted by the Council of the City of Orono,
Minnesota and the City consents to the amendment of the Declaration of Private Road Easement and
Declaration of Covenants and Maintenance of Same, recorded as Document No. 1562404 in the
Office of the Registrar of Titles,to release the east 60 feet of Lot 5, Block 1, Abingdon Glen from
the terms and conditions at a regular meeting held on August 9, 1999.
• ATTEST:
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� Linda S. Vee, City Clerk Gabri 1 Jabbour, Mayor
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,� G'tiF RESOLUTION OF THE CITY COUNCIL
L9kESI��4�' NO. � e� � �.�
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of August, 1999 by
Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
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� '�� ' CAROLE A.MASrMF•.N Notary Public
"�;��� NOTHRY FUBLIC-M1?�Id:SOTA u�
; �' "-��, HENt4EPiN COUNTY
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