HomeMy WebLinkAboutResolution 4068 � O ' V
O O
b - CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�9kESH0�� NO.
A RESOLUTION APPROVING
THE VACATION OF
A DEDICATED DRAINAGE EASEMENT
WITHIN LOT 5,BLOCK 1,FARVIEW
-FILE NO. 2356
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Jon & Diane Rappaport (hereinafter the "applicants") on March 24,
1998,filed a formal application with the City of Orono(hereinafter"City")for vacation of a drainage
easement dedicated within the plat of Lot 5, Block 1, Farview, Hennepin County, Minnesota, such
easement to be vacated being legally described as follows:
That part of the drainage easement in Lot 5, Block 1, FARVIEW dedicated
to the public in said plat which lies easterly of the west 20.00 feet of said
Lot 5 and which lies northerly of the following described line:
Commencing at the point of intersection of the southerly segment of
the southeasterly line of said Lot 5 with the shoreline of Lake
Minnetonka; thence on an assumed bearing of North 36 degrees 33
minutes 47 seconds East along said southerly segment to the angle
point in said southeasterly line, and the point of beginning of the line
being described; thence North 68 degrees West to the west line of said
Lot 5, and said line there ending.
(hereinafter "the drainage easement"); and
WHEREAS, after due published and mailed notice, the Orono Planning
Commission held a public hearing on April 20, 1998 regarding said easement vacation, at
which time all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
WHEREAS, after due standing and consideration, the Planning Commission
recommended approval of the requested easement vacation and the City Council of the City
Page 1 of 3
CITY of ORONO
G
RESOLUTION OF THE CITY COUNCIL
\�kES 140 /
NO. 4 0
of Orono finds that said easement vacation, as proposed, is in keeping with the public interest
in consideration of the following findings:
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 drainage
easement in its current location because the current location does not coincide
with the actual drainageway in which drainage flows through Lot 5, Block 1.
3. The unimproved dedicated drainage easement as it currently exists serves no
public purpose.
4. The applicants have agreed to the granting of a new drainage easement over the
actual drainageway in use within Lot 5, Block 1.
NOW, THEREFORE BE IT RESOLVED, that the petition of Jon and Diane
Rappaport is hereby granted and that the drainage easement as described within the plat of Lot
5, Block 1, Farview, Hennepin County, Minnesota is hereby vacated. The granting of this
petition is subject to the following conditions:
1. Upon vacation, applicants shall grant to the City a drainage easement over the
drainageways shown in Exhibit A attached hereto, such drainage easement to be
granted per the legal description appearing in said Exhibit A.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held this 27th day of April, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel bour, Mayor
Page 2 of 3
0 0
CITY of ORONO
11�q
RESOLUTION OF THE CITY COUNCIL
��kESH0 NO. 4068
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of April,
1998 by Gabriel Jabbour & 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.
CAROLE A.HASEMAN �Qil's Pte,L/• e o�nQ�eJ
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY Notary Public
My Commission Expires Jan.31,2000
Page 3 of 3
LEGAL DESCRIPTIONZ-
FOR JOHN RAPPAPORT
IN LOT 5, BLOCK 1, FARVIEW
HENNEPIN COUNTY, MINNESOTA
PORTION OF DRAINAGE EASEMENT TO BE VACATED
That part of the drainage easement in Lot 5, Block 1, FARVIEW dedicated to the public in said
plat shich lies easterly of the west 20.00 feet of said Lot 5 and which lies northerly of the
following described line:
Commencing at the point of intersection of the southerly segment of the southeasterly
line of said Lot 5 with the shoerline of Lake Minnetonka;thence on an assumed bearing
of North.36 degrees 33 minutes 47 seconds East along said southerly segment to the
angle pant in said southeasterly line, and the point of beginning of the line being
described;thence North 68 degrees West to the west line of said Lot 5, and said line
there ending.
DRAINAGE EASEMENT TO BE CREATED
An easement for drainage purposes over that part of Lot 5, Block 1, FARVIEW which lies
northerly of"Line A", said"Line A"being described as follows:
Commencing at the point of intersection of the southerly segment of the southeasterly
line of said Lot 5 with the shoeriine of Lake Minnetonka;thence on an assumed bearing
of North 36 degrees 33 minutes 47 seconds East along said southerly segment to the
angle pant in said southeasterly line, and the pant of beginning of"Line A"being
described;thence North 68 degrees West to the west line of said Lot 5, and said line
there ending.
and which lies within 10.00 feet on each side of the following described line:
Commencing at the point of beginning of said"Line X described above;thence North 68
degrees West along said"Line A"a distance of 318.00 feet to the pant of beginning of
the line being described;thence North 42 degrees East to the northerly line of said Lot 5,
and said line there ending.
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