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HomeMy WebLinkAboutResolution 6590CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N O . i^I A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT WITHIN LOT 2, BLOCK 1, MACMILLAN ADDITION, HENNEPIN COUNTY, MINNESOTA - FILE NO. 16-3800. WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Conley Brooks, Jr. and Carol G. Brooks, husband and wife as joint tenants are the owners of the property described in Exhibit A attached hereto (referred to herein as `the Brooks property'; and WHEREAS, Whitney MacMillan and Elizabeth S. MacMillan, Trustees or Successor Trustees of the Whitney MacMillan Trust U/A dated 7127189, are the owners of the property described in Exhibit B attached hereto (referred to herein as `the MacMillan property'); and WHEREAS, a portion of the MacMillan property is intended to be separated from the MacMillan property and combined with the Brooks property resulting in a new common boundary between the Brooks and MacMillan properties; and WHEREAS, a portion of an existing perimeter drainage and utility easement within the MacMillan property will upon the above -noted separation/combination be located so as to present a potential impediment to future use of the combined Brooks property, said easement portion described and depicted in Exhibit C attached hereto and referred to hereinafter as `thc Easement'; and WHEREAS, vacation of the Easement has been requested by the owners of the Brooks and MacMillan properties, subject to dedication of a replacement easement to be located along the new common boundary between said properties; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 19, 2016 regarding said vacation and all interested persons were given an opportunity to be heard; and Pagel of 3 RESOLUTION OF THE CITY COUNCIL NO. 90 WHEREAS, on January 19, 2016 the Orono Planning Commission reviewed the application and on a vote of 6-0 recommended approval of vacation of the Easement, subject to dedication of a replacement easement along the new boundary line; and WHEREAS, the Orono City Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The Easement in question was created as a standard 10' perimeter Drainage and Utility easement when the MacMillan Addition was platted in 1990. The Brooks' are acquiring the portion of the MacMillan property in which the Easement exists, and combining said portion with their existing property. Continuation of the Easement will bisect the Brooks' combined parcel and cause potential future issues for use of the property. 2. Electric, gas, telephone and cable utilities have been notified of the proposed vacation and those responding have indicated they have no existing facilities within the Easement area and do not object to the vacation. 3. The City of Orono has no municipal sewer, water or storm sewer facilities within the Easement area. 4. The City Council finds that the existing Easement has no apparent present or future benefit to the public. 5. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. The property owner's legal access to the property will not be affected by the vacation of the Easement and no adjacent or nearby properties will have their access limited by it. No utilities will be affected by vacation of the Easement b) The City has not and does not intend to develop, improve, or use the existing Easement area for drainage and utilities purposes. c) The unimproved Easement area as it exists serves no public purpose. Page 2 of 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. o NOW, THEREFORE, BE IT RESOLVED, that the vacation of the portion of existing Drainage and Utilities Easement described and depicted in Exhibit C is hereby granted by the City Council of the City of Orono on this 22nd day of February, 2016, such vacation to be effective upon City receipt of a replacement drainage and utility easement from the owners of the combined Brooks property. ATTEST: .rr r� L `e-. ane Tiegs, City Cl Page 3 of 3 kAAL. Lili Tod McMillan, Mayor EXHIBIT A RESOLUTION NO. 6 5 90 LEGAL DESCRIPTION OF THE BROOKS PROPERTY Legal Description: The following property located in Hennepin County, Minnesota: All that part of the Southeast 114 of the Northeast 114 of Section 3, Township 117, Range 23, described as follows: Commencing at the Southeast corner of the Northeast 114 of said Section 3; thence North along the East line thereof (said East line being assumed to be a due North-South line for purposes of this description) a distance of 300 feet to the point of beginning of the property being described; thence north 45 degrees 0 minutes West a distance of 300 feet; thence South 45 degrees 0 minutes West a distance of 500 feet more or less to the shore of an artificial lake; thence Southeasterly along said shore to its intersection with the South line of the said Northeast 114 of Section 3; thence East along said South line to its intersection with a line drawn through the point of beginning bearing South 45 degrees 0 minutes West; thence North 45 degrees 0 minutes East to the point of beginning (Abstract property) EXHIBIT B RESOLUTION NO. 6 5 go LEGAL DESCRIPTION OF THE MACMILLAN PROPERTY Lot 2, Block 1, MACMILLAN ADDITION, Hennepin County, Minnesota. 1*04D=1: RESOLUTION NO. 6 5 90 LEGAL DESCRIPTION OF THE EASEMENT PORTION BEING VACATED (Per attached drawing, legal description to be provided by applicant's surveyor)