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Home My WebLink About#5501 - vacating drainage/utility easements � � � O _ Y O ,�V� O ��,�a_:�-, , C ITY of ORONO ,� 3 ;-�. � pe)."` �',� ' `�� '�' RESOLUTION OF THE CITY COUNCIL L�kESI'iO4� NO. �3 5 � � A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS VVITHIN 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 a 2414�,and 2416 Carman Street and legally described as follows: -�"1 -_-----= 2416 Carman Street Lot 1 Blocic 1 Lehman Lagoon, Hennepin County, Minnesota and 2�14 �a��ar, Strzet 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 W�IEREAS, Lot 1 has a five foot utility easement along its east lot line and Lot � has a five foot utility easeinent along its west lot line and the Owners wish to constnict an addition to the house on Loi 2 thai would encroach into these easenlents; 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��ith Miiulesota Statutes 462.3�8 et. seq. and the City of Orono Zoning Code, the Orono Plaru�ing Commission held a public hearing on the application on August 21, 2006, at which time all persons desirin� to be heard concerning this application were given the opportunity to spealc thereon; and «'HE:ZEAS, on At.gust 2?, 2006 the PIa11rii??� Commission recommene�ed approval of the application, conditioned on receipt oF letters fi-om the utility companies consenting to the vacation and on the t�vo lots being le�ally combined; and Pagelof� r r 'Q� 01V' O , � ��,;��- ; CITY of ORONO � ,� + � �J '��,,,, � "�',� � '� �'�' RESOLUTION OF THE CITY COUNCIL l �� 5501 `�kEsK�4� rvo. WHER�AS, 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 l. This application was reviewed as Zoning File #06-3222. �, The City has no utilities in these easements and does not need them for draina�e. ;. Letters have been received fi•om CenterPoint Energy (gas), Xcel Energy (electricity), Qwest Communications (�elephone) 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 CO�DITIONS l�tOW, THEREFORE, BE IT RESOLVED, that based upon the findings noted above, the City Council of the City of Orc�no hereby vacates the drainaQe and utility easements described as follows: The east five feet of Lot 1 Block 1 Lehman Lagoon, Heruiepin County, Minnesota except the north 10 feet and the south � feet thereof. and The wast five feet of Lot 2 Block 1 Lehman Lagoon, Heiuzepin Count}�, Minnesota except the north 10 feet and the south 5 feet thereof. subject to Lots 1 and 2 beinQ leaally combined. Adopted by the City Council of the City of Orono, i��linnesota at a regular meetina held this 2S`�' day of August, 2006. Pa�e2ot3 � 1 � �� O � � ,� "��,�_:� ; CITY of �RONO , ,.,y;;G �, �' � '� '� RESOLUTiON OF THE CITY COUNCIL � � . G L�kESII.�4� NO. 5 � O � ATTEST: �';;; " /�, .. ;-� ,�,�-�'.,�_, ;�:�.: �„ ,, ' Barbara A. Peterson, Mayor inda S. Vee, City Clerk STATE OF MII�TNESOTA COUNTY OF HENi�1EPIN , • Q ' a instrument was acknowledged before me on this %' � ,day of r=—, The foieboinc ? 06 b Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation _0 Y and said instrument was executed on behalf of the Crty. 7 "9� _ .. .. - Notary Pu '� �,�,�;�,. E;kf`�i�.�E�.YI� ��.��JNG � �%�_ r.,�,,. ,. ��,. ��. � x <`-`�' 'a �� r.+n#�ry �=�.:i:c iviarmc�suta � ��:;o�„niis.^.i�,a�3dV�VVYV'� sTaTE o� MrNrlEsoTa COUNTY OF HENl�?EPIN : ,;- � C;9� '.,: ., i da of =:�/�t�-a��-��_.., �- The foregoin� instrument was acknowledQedo o��e�iru°esohaSmunicip� corporat�� 2006 by Linda S. Vee, C,ity C1erk of the City of Oi said instrument was e�ecuted on behalf of the City. „ , , � ) � ,_ _� s;. '� f�' r-, � f`:-- ' i� f� � ��, t._ �.._.C.r._..,._ - __ :��-�� $ Notar Public a ..�..��.-, nnr �' � �F �,� t�H,l_�t1�L Ul7UUC ��! ��``��'-z �i '!�i?,qR(FU51 IC-MINNtSOT^ � 4�'f.'Q 4 ;d �,�� if�;ommi��ion�zpires Jan.31 2010 �!<� `��:��.�a--.�.,r;,.'�-�'�;c�,r�:�,'.e:��?=,�- Pa��e � ot�