HomeMy WebLinkAbout#4608-vacation of easement-2001 � �
, ''O�
/� ' V
O O I
�e� - C ITY of (�RONO
,� � I _�
� - ;
�,� G'ti ;� RESOLUTION OF THE CITY COUNCIL
'�L�9 4�'� N O. � �� � � �
�kEs�
A RESOLUTION APPRO`�"G � ��"�
THE�'ACATIO\ O. �,�-
A DEDICATED DRAIl`TAGE & tiTILITY EASEMENT r-��L�$��'
;��� �
WITHIN LOT 2, BLOCK 1,EAST ��'ILLOW WOODS �/� v
- FILE NO. 26�7 ,; `�
WHEREAS, the City of Orono is a municipal corporation organized and existinj
under the laws of the State of Minnesota; and
`�'HEREAS,Clifford and Louise Otten(hereinafter the"applicants") are owners of
Lot 2, Block 1, East Willo�� Woods, Hennepin Counri-, Nlinnesota; and
WHEREAS,the applicants have requested that the City of Orono(hereinafter"City")
vacate a portion of the drainage and utility easements dedicated to the public within the plat of East
Willow Woods, such easement portion to be vacated leQally� described as follo�vs:
The follo�vina portion of Drainage and L�tility Ea�ement granted to the public
in the plat of East Willo��� �'oods, Hennepin County, Minnesota:
That portion of the 10 foot Drainage and Utility Easement located
along and abutting the south l�n� of Lot 2, Block 1, East `�'illow
Woods, Hennepin Count��, Mir.nesota, escept that portion located
- within 10 feet of the east line of said Lot 2, and except that portion
lyinj within 1�0 feet-of the south riQht-of-way line of U.S. Tn�nk
HiDh��•ay 12 as sho��n in the plat of LO'�TG LAKE COMMERCIAI,-
INDUSTRIAL PARK
(hereinafter "the drainaae easement"); and
R'H�REAS, after due published and mailed notice, the Orono PlanninQ
Commission held a public hearing on January 17, ?001 reQarding said easement vacation, at
�vhich time all persons desirin� to be heard concerninQ this application w•ere given the
oppornuiity to speak thereon; and
Paje 1 of:
� /%�Q ���
„ � �' �
�'Q °��
��e, - , CITY of �RONO
`� �,ll
\�'',� G'ti�;� RESOLUTION OF THE CITY COUNCIL
� � � N 0. '� �`� �:,
�,��S� ,.
�—
`VHEREAS, after due standing and consideration, the Planning Commission
recommended approval of the requested easement vacation and the City Council of the City of
Orono finds that said easement vacation, as proposed, is in keeping ��ith the public interest in
consideration of the following findings:
1. The easement vacation is in fulfillment of the conditions of the Road Agreement
executed by and between the City, the applicants and Green Valley Associates
in February 1999. That Agreement resulted in tne applicants' acquisition of the
"Brimhall Triangle", a small parcel of land in the City of Long Lake adjacent
to Highway 12 across from Brimhall Avenue. This land was encumbered by
Highway Easements which MnDOT concluded were no longer needed, and
applicants were enabled to acquire the parcel from the tmderlying owners, subject
to conditians which gave the City and Service 800 certain drainage, utility and
road easements to make this a useful vehicular access point for Service 800 and
the adjacent properties in the future.
2. As part of the aforesaid Road Agreement, the City agreed to ��acate the 10'
Drainage and Utility Easements in Otten's property adjacent to the Brimhall
Triangle, in exchan�e for new easements alon� the new Hiahway 12 right-of-��ay
line, which have been granted. This application is in fulfillment of the City's
obliDation under the Agreement.
;. The vacation does not affect access to or use of any adjoining property.
�}. The City has not and does not intend to develop, improve or use the easement
portion to be vacated.
5. The appropriate utility companies have been contacted and none are opposed to
the vacation.
6. The easement portion as it currently exists serves no public purpose.
Page 2 of 3
• ��!O \�
�� �
/O O
� C ITY of �RONO
� �� �/
�',� G j RESOLUTION OF THE CITY COUNCIL
'��9 4�%/ N 0. � �� {..,
�kESH� `� -'
NOW, THEREFORE BE IT RESOLVED, that the petition of Clifford and
Louise Otten is hereby granted and that the portion of draina�e and utility easement as legally
described above is hereby vacated.
Adopted by the City Council of the Cit�' of Orono, Minnesota at a reaular
meeting held this 12th day of February, 2001.
ATTEST:
�
�' � � , �, �
l J � �C�� /� /i�. �L..i����.�-U:���; (-�/��-'f*%'�j.i
�i�;��- ��1. �G -�
`'Linda S. Vee, City Clerk Barbara Peterson, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foreaoing instrument was ackno�vledazd before me on this 12th day of
February, 2001 by Barbara Peterson & Linda S. Vee, \ia��or & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument ���as executed on behalf of the
City.
RACHELDODGE
NOTARY FUBLIC.-MINNESOU ; j,'� , _ ._ _. , ., . '
_..�. My Cornmission Expires Jan.31,2005 ' ��
__.� Notar�' Public
Page 3 of 3