HomeMy WebLinkAboutResolution 6372 , .16 ,576 61-276 ildtrth
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Doc No T05343404
Certified, filed and/or recorded on
Apr 25, 2016 2:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 13 Pkg ID 1382777M
Document Recording Fee $46.00
Multiple Certificates Affected Fee $20.00
Document Total $66.00
Existing Certs
858632, 460848
This cover sheet is now a permanent part of the recorded document.
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n o �yi CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t"IkESH0°' NO.
b372
A RESOLUTION VACATING
A UTILITY EASEMENT
FILE NO. 14-3652
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Roger Hawkinson and Nanette Hawkinson, a married couple
(hereinafter the"Applicants")are the owners of the property located at 570 Orono Orchard Road
S within the City of Orono (hereinafter"City")and legally described as follows:
Attached as Exhibit A(hereinafter"the Property"); and
WHEREAS, on September 25, 2006, the Orono City Council adopted Resolution
No. 5514 vacating the 12-foot wide alley within Block 13, within the plat of Minnetonka Bluffs;
WHEREAS, as part of the vacation granted via Resolution No. 5514 a perpetual
easement was retained for public and municipal utility purposes over, under and across the
vacated alley right-of-way;
WHEREAS, the Applicants have submitted an application for vacation of the utility
easement(hereinafter"the Easement") located within the portion of the 12-foot wide vacated alley
located between the extended North lines of Lots 8 and 17, Block 13, Minnetonka Bluffs, and the
extended South lines of Lots 9 and 16, Block 13, Minnetonka Bluffs, and as shown on Exhibit B
attached; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on the easement vacation at a regular meeting held on
February 18, 2014 at which time all persons desiring to be heard concerning this application were
given the opportunity to speak thereon; and
WHEREAS, the City Council hereby makes the following findings with regards to
the proposed vacation:
FINDINGS
1. This application was reviewed as Zoning File #14-3652.
2. The 12-foot wide alley which divides the Property was vacated in 2006.
3. The City reserved utility easements within the 12-foot wide vacated alley.
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�O_ ♦O
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
k11115 6372
NO.
ESH
4. The utility companies have been contacted. CenterPoint Energy and CenturyLink have
provided documentation that there are no existing facilities within the Easements to be
vacated.
5. Xcel Energy identified facilities within the 12-foot vacated alley and requested an
easement sufficient to accommodate the existing facilities located on the northern portion
of the vacated alley on the Applicants' Property be retained.
CONCLUSIONS, ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby vacates the Easements as
shown on the survey dated 09/03/13 by Gronberg and Associates, Inc., attached as Exhibit B,
subject to the following conditions:
1. The Applicants shall provide an updated survey showing the location of the Xcel Energy
facilities within the 12-foot wide vacated alley on the Property and illustrating the portion
of the utility easement to be retained.
2. A legal description for the portion of the utility easement to be retained shall be provided
for approval by Xcel Energy prior to recording of this Resolution in the chain of title with
the Hennepin County Recorder.
Adopted by the City Council of Orono, Minnesota this 10th day of March, 2014.
ATTES1�s' `•ti.<<.
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�a 7 Lili Tod McMillan, Mayor
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. . 1
Resolution No. 6372
Exhibit A
LEGAL DESCRIPTION OF PREMISES:
Lots 8 and 9,Block 13,Minnetonka Bluffs,including the East half of the vacated alley dedicated to the
public within Block 13 in the plat of Minnetonka Bluffs shown as 12 feet wide and lying South of the
South line of Dickenson Street and North of the North line of Fox Street,all in Minnetonka Bluffs,
Hennepin County,Minnesota.
AND
Lots 16 and 17,Block 13, Minnetonka Bluffs,including the West half of the vacated alley dedicated to
the public within Block 13 in the plat of Minnetonka Bluffs shown as 12 feet wide and lying South of the
South line of Dickenson Street and North of the North line of Fox Street,all in Minnetonka Bluffs,
Hennepin County, Minnesota
CERTIFICATE OF SURVEY FOR
ROGER & NAN HAWKINSON • .,
OF LOTS 8, 9, 16 & 10, BLOCK 13, MINNETONKA BLUFFS
HENNEPIN COUNTY, MINNESOTA .
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