HomeMy WebLinkAboutResolution 259440
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2594
A RESOLUTION
APPROVING THE AMENDMENT OF A
DRAINAGE EASEMENT WITHIN
LOT 6, BLOCK 1, FARVIEW
WHEREAS, the City of Orono, is a Municipal Corporation,
organized and existing under the Laws of the State of Minnesota;
and
WHEREAS, the Council of the City of Orono has adopted
regulations for the orderly, economic, and safe development of
land within the City; and
WHEREAS, per a recent survey of a property located at
3059 Farview Lane, owned by Dennis E. Evans and Mary Jayne Evans
(hereinafter "owners"), legally described as Lot 6, Block 1,
Farview, Hennepin County, Minnesota (hereinafter "property") the
residence structure was found to encroach 5' into a drainage
easement as shown on a survey dated January 5, 1989, revised
March 8, 1989, by Theodore D. Kemna, a licensed Land Surveyor
(License #17006) of Schoell and Madson, Inc.; and
WHEREAS, the owners are in the process of selling the
property and have been notified by the title company for the
perspective buyer that this encroachment represents a serious
title problem that must be resolved prior to confirmation of
sale; and
WHEREAS, the City has agreed to amend the original
survey line of the drainage easement as it affects the property
with the granting of a quit claim deed of that portion of the
drainage easement involved with the structural encroachment,
finding the newly defined easement line does not encroach or have
any negative impact on the adjacent wetlands area.
NOW, THEREFORE BE IT RESOLVED, that the City Council of
the City of Orono hereby approves the amendment of the drainage
easement within Lot 6, Block 1, Farview, as described in the
legal description prepared by Harold E. Dahlin, licensed Land
Surveyor (#8414), of Schoell and Madson, Inc., attached to this
resolution as Exhibit "A", and hereby grants a quit claim deed
that will release or vacate all interest in that portion of the
drainage easement to the owners and further directs its Mayor and
Clerk to execute the quit claim deed.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2594
Adopted by the City Council of the City of Orono,
Minnesota, at a regular meeting held March 13, 1989.
Jam R. Grabe or
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STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me on this
13th day of March , 1989, by James R. Grabek and
Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation, and said instrument was executed
on behalf of the City.
JOHN R. OERHARDS01
NOTARY PUBLIC-MINNESOTNFENNEPIN COUNTY�
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My Commission Expires
Resolution No. 2594
• EXHIBIT "A"
Description For Easement To Be Vacated
That part of the drainage easement over, under and across Lot 6, Block 1,
FARVIEW, according to the recorded plat thereof described as follows:
Commencing at the most easterly corner of said Lot 6, thence on an assumed
bearing of South 23 degrees 48 minutes 37 seconds West along the easterly
line of said Lot 6, a distance of 240.89 feet; thence South 29 degrees 18
minutes 37 seconds West a distance of 50.00 feet; thence South 80 degrees
00 minutes 00 seconds West a distance of 64.00 feet to the point of
beginning of the land to be described; thence North 10 degrees 00 minutes
00 seconds West a distance of 10.00 feet; thence South 80 degrees 00
minutes 00 seconds West a distance of 30.00 feet;.thence South 10 degrees
.00 minutes 00 seconds East a distance of 10.00 feet;.thence North 80
degrees 00 minutes 00 second East a distance of 30.00 feet to the point of
beginning.
Date: March 6, 1989
Harold E. Dahlin
Land Surveyor MN Lic. No. 8414
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