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Home My WebLink AboutResolution 5735 i I Doc No 9109247 03/142008 02:09 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H.Cunniff,County Recorder TranslD 380828 Deputy 11 Fees $35.50 DOC $10.50 SUR $2.00 COPY $48.00 Total i I i i I A RESOLUTION APPROVING A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 460 AND 450 EAST LONG LAKE ROAD FILE NO.09-3343 i i i i i i 0 0 CITY of ORONO ,a a ti ti RESOLUTION OF THE CITY COUNCIL ��41cz Ko4�G NO. �-735 A RESOLUTION APPROVING A LOT LINE REARRANGEMENT FOR PROPERTIES LOCATED AT 460 AND 450 EAST LONG LAKE ROAD FILE NO. 08-3343 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and ' WHEREAS, Amit Sela Holdings, Inc., a Minnesota Corporation, (hereinafter "Sela') is the owner of the property located at 460 East Long Lake Road within the City of Orono (hereinafter"City") and legally described as: The North 253 feet of the South 368 feet of the North 2,223.3 feet of that part of Government Lot 5, lying West of the East 1159.4 feet thereof.in Section 35, Township 118 North, Range 23, West of the P Principal Meridian, Hennepin County, Minnesota(hereinafter"the Sela Property"); and WHEREAS, Betty Lou Hamman, a single person, (hereinafter "Hamman") is the owner of the property located at 450 East Long Lake Road within the City of Orono (hereinafter "City") and legally described as: The south 115.00 feet of the North 2223.3 feet of that part of Goverment Lot 5 lying west of the east 1159.40 feet thereof in Section 35, i Township 118 North, Range 23 West of the 5`s Principal Meridian, Hennepin County, Minnesota, (hereinafter "the Hamman Property"); and WHEREAS, Sela has submitted an application for a lot line rearrangement for the Sela and Hamman Properties that would change the lot line between the properties. WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 19, 2008 at which time all persons desiring to be heard.concerning this application were given the opportunity to speak thereon. Page 1 of 3 oo CITY of ORONO RESOLUTION OF THE CITY COUNCIL 04NO. 5 l 3 NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File#08-33243. 2. Each property is and would remain non-conforming as to area when compared to the minimum 2.0 acre standard of the LR-1A Lakeshore Residential Zoning District in which both parcels are located, and the Hamman Property is and would remain non-conforming when compared to the minimum 200 foot width standard of the LR-lA Lakeshore Residential Zoning District. 3. The Planning Commission reviewed this application on February 19, 2008 and on a vote of 6 - 1 recommended approval of the lot line rearrangement, based on the following findings: a. A survey of the Sela Property by Rory L. Synstelien (R.L.S. 4465) and a• survey of the Hamman Property by Blake L. Rivard (R.L.S 19421) both show that the location of the property line between the properties as described in the legal descriptions of the properties does not correspond with the location of the line of occupation and in fact the Hamman residence is partially on the Sela Property. b. The lot line rearrangement proposes to place the lot line where Hanuman and the former owner of the Sela Property had thought it to be for many years, as demonstrated by how both Properties were maintained. i CONCLUSIONS,ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby approves the lot line rearrangement of the above referenced properties as described in Exhibits A and B, subject to the following conditions: 1. The deed shall be filed with either the Hennepin County Recorder's Office or Registrar of Titles Office together with a certified original copy of this resolution on or before March 10, 2009,or the approval granted by this resolution shall expire. Page 2 of 3 O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��9kES�I�4�G NO. -5 7 .3 5 2. The Hamman Property and the portion of the Sela Property deeded to Hamman shall be combined into one tax parcel immediately following the filing of the deed. Adopted by the City Council of Orono,Minnesota this 10th day of March,2008. ATTEST: Ao�'0W as gg,.Ci Clerk J es M. White, Mayor TRANSFER ENTERED HUMMN COUMY TAXPAYER SEFMCM MAR 4 009 N. By DEPUTY Page 3 of 3 5735 ZONING FILE NO.08-3343 EXHIBIT A RESOLUTION NO. Se.IA The North 253 feet of the South 368 feet of the North 2,223.3 feet of that part of Government Lot 5, lying West of the East 1,159.4 feet thereof except road, in Section 35, Township 118, Range 23, Hennepin County, Minnesota, and except i that part lying South of the following described line: Commencing at a point on the South line of said Government Lot 5, Section 35,Township 118, Range 23, Hennepin County, Minnesota, distant 864.9 feet West of the Southeast comer of said Government Lot 5, said point being marked by a-Judicial Landmark established pursuant to order of the District Court in Torrens Case No. 8489;thence North parallel j with the East line of said Government Lot 5 to a.point distant 1754.8 feet South of the North line of said Government Lot 5 as measured along said parallel line extended to said North line; thence West at a right angle a distance of 294.5 feet; thence South parallel with the East line of said Government Lot 5, a distance of 312.62 feet to Point"A;"thence continuing South, parallel with the East line of said Government Lot 5, a distance of 162.39 feet;thence West, parallel with the North line of said Government Lot 5, a distance of 198.78 feet to the West line of said Government Lot 5; thence North,along the West line of said Government Lot 5, a distance of 168.00 feet, to the point of beginning of the line to be i described; thence East a distance of 200.09 feet to Point"A"and there terminating. � 0• t ' ZONING FILE NO.09-3343 EXHIBIT B RESOLUTION NO. 5 T 3 5 i (,HAM r4 AA) That part of Government Lot 5, Section 35,Township 118, Range 23, described as follows: Commencing at a point on the South line of said Government Lot 5, distant 864.9 feet West of the Southeast comer of said Government Lot 5, said point being marked by a Judicial Landmark established pursuant to order of the District Court in Torrens Case No. 8489; thence North parallel with the East line of said Government Lot 5 to a point distant 1754.8 feet South of the North line of said Government Lot 5 as measured along said parallel line extended to said North line; thence West at a right angle a distance of 294.5 feet; thence South parallel with the East line of said Government Lot 5, a distance of 312.62 feet to the point of beginning of the land to be described; thence continuing South, - parallel with the East line of said Government Lot 5, a distance of 162.39 feet; thence West, parallel with the North line of said Government Lot 5, a distance of 198.78 feet to the West line of said Government Lot 5; thence North, along the West line of said Government Lot 5, a distance of 168.00 feet; thence East a distance of 200.09 feet to the point of beginning. HILIAMP"A &A�, KkIAVs" i i STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono,Minnesota,certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 10,2008,with the original thereof on file in my office,and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this I Vh day of March , 2008. r4 City Clerk �! 0 I ' i