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Home My WebLink About#06-3222 Recorded Resolution 5501.. 11111111 1111111111 II Doc No 4309293 09/25/2006 11 :00 AM Certified filed and or recorded on above date : Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 257883 New cert Cert 1157736 Deputy 021 Fees $1 .50 AF $10 .50 STATEFEE $34 .00 TDOCFEE $0 .00 TSUR $46 .00 Total A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN PROPERTIES LOCATED AT 2414 AND 2416 CARMAN STREET FILE NO. 06-3222 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 0 1 A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN PROPERTIES LOCATED AT 2414 AND 2416 CARMAN STREET FILE NO. 06-3222 WHEREAS, Michael J. Pudil and Gail R. Pudil (hereinafter the "Owners") are owners of the properties within the City of Orono (hereinafter the "City") located at 2414 and 2416 Caiman Street and legally described as follows: 2416 Carman Street Lot 1 Block 1 Lehman Lagoon, Hennepin County, Minnesota and 2414 Carman Street Lot 2 Block 1 Lehman Lagoon, Hennepin County, Minnesota (hereinafter the "Properties"); and WHEREAS, Lot 1 is vacant except for a shed and Lot 2 has a house; and WHEREAS, Lot 1 has a five foot utility easement along its east lot line and Lot 2 has a five foot utility easement along its west lot line and the Owners wish to construct an addition to the house on Lot 2 that would encroach into these easements; and WHEREAS, on July 5, 2006 the Owners filed an application for the proposed easement vacation; and WHEREAS, after due published and mailed notice in accordance with Mi1mesota Statutes 462.358 et. seq. and the City of Orono Zoning Code, the Orono Plam1ing Commission held a public hearing on the application on August 21, 2006, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on August 21, 2006 the Planning Commission recommended approval of the application, conditioned on receipt of letters from the utility companies consenting to the vacation and on the two lots being legally combined; and Page 1 of 3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 0 1 WHEREAS, the City Council reviewed the application at regular meeting held on August 28, 2006 and hereby makes the following findings with regards to this application: FINDINGS 1. This application was reviewed as Zoning File #06-3222. 2. The City has no utilities in these easements and does not need them for drainage. 3. Letters have been received from CenterPoint Energy (gas), Xcel Energy ( electricity), Qwest Communications (telephone) and Mediacom (cable) stating they have no objection to the vacation. 4. The easements proposed to be vacated were intended to provide for drainage and utilities for a house on each lot and are unnecessary because there will be only one house on the two lots. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon the findings noted above, the City Council of the City of Orono hereby vacates the drainage and utility easements described as follows: The east five feet of Lot 1 Block 1 Lehman Lagoon, Hennepin County, Minnesota except the north 10 feet and the south 5 feet thereof. and The wast five feet of Lot 2 Block 1 Lehman Lagoon, Hennepin County, Minnesota except the north 10 feet and the south 5 feet thereof. subject to Lots 1 and 2 being legally combined. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 28 th day of August, 2006. Page 2 of 3 ATTEST: STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 0 1 Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this ~day of~--;_/_ 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal co and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN J · ·. ,JACOUELYN M. YOUNG j NotAry 1-'-\,:•lic-MinMsota l;;.. My Commission Expires Jen 31 2010 VWVVVV\/VVVWVVVVVVI/VVVVWVVVVVV The foregoing instrument was acknowledged before me on this / ~;f day of &l..v-n~ 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ~(_~ RACHEL DODGE NOTARY PUBLI C -MINNESOTA My Commi ss ion Expires Jan. 31, 2010 Notary Public Page 3 of 3 I I STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION# 5501 I, Linda S. Vee, City Clerk of the City of Orono, Hennepin 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 August 28, 2006 , 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 --=ls=t __ day of September , 2006 . inaS . Vee, City Clerk (SEAL)