HomeMy WebLinkAbout#4329 - vacating easement I �w
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�� �'� RESOLUTION OF T E..CITY COUNCIL
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A RESOLUTION VACATING
DRAINAGE AND UTILITY EASENIENT �VITHIN
THE PLAT OF ABINGDON GLEN �`D
RELEASE OF EAST 60 FEET OF LOT �, BLOCK 1, ABINGDO�
GLEN FROM PRIVATE ROAD EASE`IENT
IN THE CITY OF ORONO,
HENNEPIN COUNTY, l�1INNESOTA
FILE NO. 247�
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,on March 12, 1999,C. Ste��en Wilson and Susan D. Wilson(hereinafter
the "applicants") filed an application with the City of Orono requesting a Class I subdi�-ision of a lot
line rearran�ement for properties located at 325 Brown Road South and 21�0 Abinadon Way; and
WHEREAS, 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 Abinadon Way per
Resolution No. 4313; and
WHEREAS,the ten foot drainage and utility easement existina alona 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 ���as held by the
Orono Planning Commission on July 19, 1999, regarding said vacation and all interested persons
were given an opportunity to be heard; and
`VHEREAS, properties in Abingdon Glen are subject to a Declaration 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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�'',� G'� RESOLUTION QF TH.E C_ITY COUNCIL
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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 le�ally described as follo�vs:
That part of the 10.00 foot drainage and utility easement that lies westerly of, measured at right
an�les 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 draina�e and utility easemznt vacation as proposed is in keeping with the public interest and in
consideration of the followina findings:
1. The vacated easement has not been utilized for utilities.
2. A new drainaae and utility easement has been dedicated along the newly created
property line.
;. 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. 1�62404 in the
Office of the Registrar of Titles, to release the east 60 feet of Lot 5, Block l, Abin�don Glen from
the terms and conditions at a re�ular meeting held on Au�ust 9, 1999.
ATTEST:
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Linda S. Vee, City Clerk Gab 1 Jabbour, Mayor '
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�'.� G'�/ RESOLUTION OF THE CITY COUNCiL
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STATE OF NIINNESOTA )
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COLNTY 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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