HomeMy WebLinkAboutResolution 4582 � . • I i ZZ LornO�l,i ndA l4ve�
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Doc No A10354608
Certified, filed and/or recorded on
Sep 12, 2016 12:43 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1442998C
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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RESOLUTION OF THE CITY COUNCIL
��9kE H�4�'G NO. 4.a��
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A RESOLUTION VACATING
PLATTED RIGHT OF WAY WITHIN THE
PLAT OF LOMA LINDA
FILE NO. 2634
WHEREAS, the City of Orono is a municipal corporation organized and existing
uncler the laws of the State of Minnesota; and
WHEREAS,G&G Holding Company has applied for vacation of a platted right of
way for property within the plat of Loma Linda legally described as follows:
Attached hereto as"Exhibit A"(hereinafter"vacated right of way"); and
WHEREAS,after due published and posted notice,a public hearing was held by the
Orono Planning Commission on November 20, 2000 regarding said vacation and all interested
persons were given an opportunity to be heard; and
WHEREAS, on November 20, 2000 after due standing and consideration, the
Planning Commission recommended unanimous approval of the proposed vacation; and
The vacation as proposed is in keeping with the public interest and in consideration of the following
findings:
1. The vacated easement has not been utilized for utilities.
2. A 20' access and utility easement would be provided over the vacated right of way
over the sewer service line.
� 3.� The City does not intend to use the right of way to be vacated for any public purpose.
4. The Council approves the vacated portions of the right of way to be transferred to
properties in accordance with the rearrangement of a lot line as proposed by the
applicants in City of Orono Zoning Application#2634, subject to approval.
Page 1 of 3
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NOW, THEREFORE, BE IT RESOLVED,that the vacation of the right of way
legally described in E�ibit A is hereby granted by the Council of the City of Orono on December
11, 2000.
tiT'TEST:
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Linda S.'Vee, City Clerk Gabri Jabbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument v�Tas acknowledged before me on this 11 th day of December,2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
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Notary Pul�fc `��
"�� MARY ANN,lOHNSON
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, :'�, , NOTARY PUBUC-MINNESOTA
_ ` � �y Cortrr�ssion Expires Jan.31,2005
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Page 2 of 3
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, C ITY of ORONO
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RESOLUTION OF TH� CITY COUNCIL
��'�k'E Hp4'�'G NO. 5 t� 2
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cx�8�r A
g �°� LOMA LINDA AVENUE s
—N 90°0�'00" E 10. .. .
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a �gw � 18 i 17 � � �S 12 °��
o I EAST /
d � 30.00`\..+..�. '
�& �y g i I�` �'� 'r,..--- N 90•00'00" E 12850 -�
Fi oo }.` `ti. 33"
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a i �g� � I>west i�ov�oT,a o�a;;' su�v�r �;,3 /
� '°� I ���,o si i°` � 13 ��, �" ��
E%ISTWG LEGAL DESCPoPTIONS : o---'- ..T------�----+1 ���� �A� PAftCEL B t, /�P~
� 89go' SQ.FT. ,r'l � ry
PARCEL A 1122 LOMA LN1DA ' y pp �•, •9zo.4 a
L e�dY[�AIt�o � SL140� --�— �Iy us cor
Lota 17 and 18, ••LOMA LII�A", '- � � n�"'._".''—� *r'�,r'
. r �- POAo ..�% .Jppp....� �,._ tw.o7 / 3p•
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PARCEL B : (1140 LOMA LMIDA) ' ,�4 .
224.07
Lot 13, "LOMA L�AA" 20 '^..,,,TO BE COMBMED~`�T EAST '-'-
PARCEL C : "(T160 LOMA LWDA) - �WITH LOTS 14 k 15 p�,RCEL C
Lots 14�and 15, "LOMA LHHJDA" �1 160� �
NEW LEGAL DESCR�TIONS :
PARCEL A
Lota 17 and 18 except that part of soid Lot 17 which lies aouth of the weeterly entenaion of the north Gne of Lot 13 and eaat of a line 30 feet west
of, meosured at a right angle to, and para6el with the weat line of said Lot 13, AL50 tFat part of the adJoining vacated eervice road which 6es weet
of eaid line 30 feet weat of the west Rne of Lot 13, and eaet of the southerly extemion of the weat Une of said Lot 18, dl in "LOIAA LI�A".
PARCEL B
Lot 13, and those parts of Lot 17 and the adjoining vocatad aervice road which Ife south of the weatvly eztanaion of the rarth line of said Lot 13
and east of a Gne 30 feet west of, meaeured at a right angle to, and para9el with the west line of said Lot 13, aA in "L�IA LNJDA".
PARCEL C
Lots 14 and 15, Also the eouth half of the adjoining vocoted eervice road whieh lies weat oi the eoutherly eztension oi tl�e weat line of Lot 78,
oA in "LOMA LNJDA".
LEGAL DESCRIPTION OF ROAD TO BE VACATED BY THE GTY OF ORONO :
That part of the Service Road os shown on the plat of "LOMA LMmA" which liae south of the westerly extension of the rarth line of Lot 13 in said plat.
NOTE : In the plat of "LOMA LWDA", the atreets were dedicated only for the use of the ownara In thot a�tion.
LEGAL DESCRIPT�N OF UTLITY EASEMENT :
An eoaement tor utifity pwpoaes over, �nder and acrose the folowing deacribed property :
That port of the Servics Road as ahown on the plot of "LOMA LWDA" which Iles south of the weaterly extension of the north fine of Lot 13 in eaid plat.
and eaet of o Bne 30 feet weat of, measured at a right angle to, a�d padbl with the Weat 6ne of said Lot 13.
LEGAL DESCRIPTION OF DRANAGE AI� UTILITY EASEI�NTS :
An eaaement for dra�age and utility pirpoaea over, under and xrosa a ten foot wida atrip aroimd the perimeter of the folowing desaibed property -
Lots 17 and 18 except that part of eaid Lot 17 which liea south of the wasterly extmeion of the rarth Gne of Lot 73 and saet of o Une 30 feet weat
of, meaeured at a nght anyle to, and poratlel with the west Bne of said Lot 13, ALSO that part of the adjoining vxated aervice road which tles weat
of naid G�e'30 feet wsat of the west Ane of Lot 13, and east oT the southerly extension of ths wsat pne of aaid Lot 16,d in "LOIdA LMDA".
An easement for drainoge and utility purposea over, undw and xroas the North, West and South five feet of the fdbwirg descr�od property : �
Lot 13, and those p�s of Lot 17 and the adjoining vacated eervice road which fie aouth of the weaterly extension of the north ifne of eaid Lot 13
mid eaet of a fine 30 feet weat of, measwed at a right an�e to, md pardlel with the weat firro oT eaid Lot 13, aA in "LOMA LINDA".
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Doc No A10359977
"� �� Certified, filed and/or reco�ded on
jr<;-
� �� Sep 23, 2016 11:46 AM
..:�'°'
,' Office of the County Recorder
�� Hennepin County, Minnesota
x . Martin McCormick, County Recorder
q�� Mark Chapin, County Auditor and Treasurer
�>� Deputy 96 Pkg ID 1448985C
;�>� �, �
�^#� Attested Copy or Duplicate Original $2.00
- �°
Document Recording Fee $46.00
ument Total $48.00
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{Above space reserved for recording.)
SERVICE ROA.D MAINTENANCE DECLAR.ATION
THIS DECLARATION is made as of September 23, 2016 (the "Effective Date") by G & G
Holding Co. Limited Partnership, a Minnesota limited partnership ("G&G"), for the purpose of
memorializing responsibilities for maintenance of the a platted service road that exclusively
serves two pazcels of real properiy in the City of Orono, Hennepin County, Minnesota, both now
owned by G&G, which parcels and service road are referred to in this Declaration as Pazcel A,
Pazcel B and the Service Road, and are legally described as follows:
Parcel A: Lot 17 and Lot 18, except tha.t part of said Lot 17 that lies south the
westerly extension of the north line of Lot 13 and east of a line 30 feet
, west of,measured at a right angle to,and parallel with the west line of said
Lot 13,ALSO that part of the adjoining vacated service road which lies
west of said line 30 feet west of the west line of Lot 13, and east of the
southerly extension of the west line of said Lot 18,all in Loma Linda,
� Hennepin County,Minnesota
Parcel B: Lot 13, and those parts of Lot 17 and the adjoining vacated service road
that lie south of the westerly extension of the north line said Lot 13 and
east of a line 30 feet west of, measured at a right angle to, and parallel
with the west line of said Lot 13, a11 in Loma Linda, Hennepin County,
Minnesota
Service Road: The Service Road adjoining Lot 17 and Lot 13 Loma, Linda, as shown on
the plat of Loma Linda, except that portion that has been vacated as of the
date of this Declaration.
Pazcel A has an address of 1122 Loma Linda, and Pazcel B has an address of 1140 Loma Linda,
Orono, Minnesota.
1. For as long as G&G or its successors and assigns own both Parcel A and Parcel B, G&G
shall,at its soie expense,be responsible for maintaining and repairing the Service Road.
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2. In the evEnt Pazcel A and Parcei B axe at any time each owned by a different owner
(whether or not one of the ownexs is G&G or a successor or assign of G&G), (a) the owner of
Parcel A shall be responsible for maintaining and repairing tlle S�rvice Road, (b)the owner of
Parcel B shall be responsible for reimburs.ing the owner of Parcel A for one-half of the
reasonable cost of such maintenance and repair, (c)the Owner of Parcel B shall have the right to
repair and maintain the Service Road if the Owner of Paxcel A fails to do so within a reasonable
time after written notice from the owner of Farcel B, and recover the cost from the Owner of
Parcel A, by direct payment or by set off against amounts the owner of Parcel B owes the Owner
of Parcel A.
3. Miscellaneous. This Declaration shall run with the land and be binding upon the owner
of Parcel A, the owner of Parcel B, and the'vr respective successors and assigns. This Declaratian
shall not be modified except by a written instrument executed by the owner of Parcel A and the
owner of Parcel B.
DECLARANT:
G& G Holding Co. Limited Partnership
B,, �(�� �Yv�d �°
Ellen Goldberg Luger, G eral Part r
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instnzment was acknowledged hefore me this 23rd day of September,
2016, by Eilen Gc�ldberg Luger, general partner of G&G Holding Co. Limited Partnership, a
Minnesota limited partnership, on behalf of the limited partnership_
Notary 'c
WENDY ANN BERNDT
Prepared 8y: Wctary Publk-Minnesota
Stinson Leonard Sueet(EHG) tuqr���^����
l 50 S.Sth Street,Suite 2300
Minneapolis,MN 55402
Telephone: 612-335-1 S00
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Receipt
9/23/201611:46 AM
County Recorder/Registrar of Titles
AuditoNTreasurer
Hennepin County
PackagelD: 1448985
Doc# Document Name F�e
A10359977 Declaration $48.00
Total $48.00
Tender Amounts �
Escrow $48.00
Total $48.00
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