HomeMy WebLinkAbout#4021-lot line re-arrangement-1998 0
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�� G'�' RESOLUTION OF THE CITY COUNCIL
t�kESH�S�`'�' NO. � �•� .,
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A RESOLUTION GRANTING APPROVAL OF
THE SUBDIVISION OF A LOT LINE REARRANGEMENT
OF THE PROPERTIES LOCATED AT
1040 AND 1056 LOMA LINDA AVENUE
FILE NO. 2315
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 the City of Orono has adopted subdivision
regulations for the orderly, economic and safe development of land within the City; and
WHEREAS, the City Council has considered the application for a subdivision
of a lot line rearrangement by C. Douglas �nd Marilyn Holcombe (hereinafter "the
subdividers"); of properties legally described on the survey and attached to this resolution
(hereinafter "the properties"); and
WHEREAS, the subdividers have completed all requirements of the City for a
Class I subdivision of a lot line reanangement involving the division and combination of
properties.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the Class I subdivision and combination of above referenced
properties by the subdividers as shown on the Certificate of Survey by David E Crook, a
licensed surveyor of Demars-Gabriel Land Surveyors, Inc., dated November 7, 1997 and
attached to this resolution as Exhibit A, subject to the following conditions:
1. C. Douglas and Marilyn Holcombe, owners of the aforesaid properties will be
responsible for amending the legal description on the deed of their property as
follows:
See Exhibit B for existing and proposed legal descriptions of the
properties and affected easements.
Page 1 of 6
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_ ��b� - CITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�g'� NO. � � 6? � �
2. The aforesaid division shall be filed by the City of Orono with either the
Hennepin County Recorder's office or Registrar of Titles office on or before
January 26, 1999 together with a certified original copy of this resolution.
3. The approval granted by this resolution shall expire if the division has not been
filed by the date specified above. In that event, it will be necessary to file a
new application with the City of Orono for subdivision review.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 26th day of January, 1998.
ATTEST:
; � �
Linda S. Vee, City Clerk Gabri Jabbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
January, 1998 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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CAROLE A HASEMAN � � �4
�� ,•:�����,� NOTARYPUBIIC-MINNESOTA Notary Public
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,� .`�.�• H6NNEPIN COUNTY
��*•• My Commission Expires Jan.31,2�00
Page 2 of 6
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� ' ' � Esist�na Leoo/ Desc��vtion
AREA = JI,7JJ SO.�f �7
i �ry
Ihot port o/Lot J6 inuuding tne occrations tAereto, "Lomo Linda" �
' lying £osterly and Soulherly o/ the (ollorin9 deser�e0 line:
Beginning ot a pu;nt on the Soutn lins of sord Lot J6 d7etant 200
/eet Eost from tne Southwest cwnei ol said Lct J6: tnence NwtA ot
o nsnt anqir to aeid South Ifne a distonce ol 106 feet; tbmce
Nortneusterly aertecting to tne right 3B degrees 00 minutes fo thr
Scut� line ol the North 40 /eet ol soid L�t J6: fhence East alonq
tne lost menfioneC South line a dlstancs ul I3/ Isel; fnence -
NortAeo�terly, de/letfinq to tne felt 7J degrees 00 minutes to tne
s.�o�a o/Lake Minnetonka onC there tuminafing, soid Lot 36 Deinq
estobfishe0 by judgemenf enfere0 in Hennepin County Dislritt Courf
Co�e tJumDer 4�9127 ond re!ortled in 8cok 550 0l M%lCe11OI1aJV9
R•co'4s. p�:q• rr�
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� . � Sucyact to or• eosement lor tr.r Denelrt oJ Lef 1. "Loma Lindo� as � L� � a :?j
contoined in Beok 2197 0�Deeds, poye .382. Oxument No. Jt5655{ v
� � over that part u/ tns obove CeacriDed Innd�fxala0 withu+ tAe
/orlowinq description. Beginninq ot the most WesteAy cwner o!
s�i�f lot 4; fRence Easterly on the Norfhe�ly line o/ sa�d Lot 4 0
aislance ol�6.88 leet Mence Southarfy to tha pomt of
intersect�cn o� the Northerly 6ne o/tomo Lindo Avenue with the
Southwesferly fine ol said Lot 4; t�nnce Westerly on the Northerly
I�ne o/Lomu Lindo Avenue 26.R8 /eet, thence NortAerly fo (he po%nt
ol beg�nning:
SuDject to an evsement lor ubG�y purposes qranted to No�thern
States Power Compony /iled in tne ollice o/ tAe Reqister o/Deeds
of Nennep�n Counfy. M�nnesoto os Ooc. No. 40:3453.
P�osed Leqof Descri0tion
AREA= ?9,7J6 SO.FT.
Thot part o/Lot 4, Lomo Linda and the property descriDed os
�o�lows:
Ihat port of Lot 36 includin� !he acc�etions theroto, `Lomo
Linda" .hich lies easterfy ond souNerly o1 tAe following
described line: Beginning ot o point on the South line ol
soiC Lol J6 distant.200 leet eoster/y ol the soufbweot eaner
o/said Lot T6: Gence norlherly, ot a riqbt anqfe to said
seuth Gne, a distunce ol ►06 /aeh thenee natheosterly,
drAecfinq to the rignt 58 deyrees 00 minutes to tAe south
line o/ the north ap /ee! cl soid Lot J6; tAence tasteAy. .
- olcnq ths latt mentioned soutn line, a distoncs o/ I57 feet;
thence r.wtheosteAy, deNectinq to the lelt 70 deqreea 00
minu�es to f�t s�ore o!Lake Minnefonka on0 the�s terminat�ng.
Wh�ch I;es northwesterly ol a 1me described ot,Iollows:
Commencing ot the soutnwest corner of eoid Lot 36; thence
eoster�y otonq tne SoutR l�ne ol said Cot 36 o distonce o1
- 30-�.48 �eat to un onqle point in soid Soufh line anC fhe poinl
o! Deginning o/ tne flne to �e OescriGed: thence defleeting
left 29 deqr.es 26 minutes 50.70 feet to the aa�th line oI
soid Lot J6; thence deAecting�rigbt 1J degress J7 minutes 30
seconds 139 /eet, more or less. to the shore o/Loke
M�nnetonko ond there terminot;n9, said Lot 36 Deing
estoD�ishee by judqement enteied in Hennepin County Dist�i!t
Ceurt Cose Number 449127 ond recwded in Book S50 0l
�lisceltoneous Records, poge 4I0.
ExiSTNG LE;�L OESCRi?T10N
tct i. lomo LinOo
4REA. IU,?Q7 SQ.F7.
� ioqether witb an eaeement /o� tAa benelit o/Lot i, 'Lano Undo`as
contained in Book ?t97 0/DeeOs, poge J82. Document No. 315655s
o�e. that porf o/ the above descriDed lond fxoted vlthin Ne
lui�ering description: Beginning at tne most WestMy comer ot
� said lOt 4, tAence Eatterty on the NorthMy line o�said Lot i a
d�stonce oI:8.88 feet; tnence SoutAe�ly to tAe pant ol
;nterseclian oI the Northerly line of Loma linAa Avenue with the
Southweste�ly line o/soid Lot 4; tAenee Weaterly on the NortAuly
��ne ol Loma LfnCa Avenue ?6.83 leeh, thence Northerly to the point
o! Deq,nnfi9.
PROPOSfO LEGAL OfSCRIPAON
�R£A � 12.10.{ SOFi.
'not port of Lc! 4. Lomu Lindo ond tna prapertv OescriDea os
IJllows.
Thof part u/Lot Jo indudin� tAe occretJona thereto. Lano
Lindo' rhicn lies eosterly ond southerly ol !A� lallowing
desc��bed f7ne: Beginning ot a po'nt on the SoutA iine o!
said Lot 36 Oistant 200 leet easterly ol the soutAwest eorner
o/ sa�d Lo! J6: tnence nortnerly, ot o�iynt angle to soiC
sa,th line. o distonce o� f06 feet: thence nortneaaterly,
daltecfing to tf+! rignt 58 degree5 00 minutes to ths soufn
line of fhe nwth 40 leef o!soid Lot J6; fAence eoaterly.
along the lost �nnnticne? soutn line, a diatonce o� 157 Iset;
thence nortAeosterly. deRect�ng to the le/t 70 deqrees 00
minutes to tAe shure af Lake Minnetonka and thers terminot�ng.
Wn�ch lies soufheusterl�o!a 1�ne deJc��bed oa folfews:
Commmcing ot the southwest tomer o!aaid Lot 36; tAmce
eoster�y o/cng tne Sovth line oI soid Lot J6 o distanee of
3C4.�8 feet to on onqle point in soid South Itne anC tAe point
e� beqinn�rrg o� tne line to De desc��bed; thence deR�cting '
lelt 29 Osgrees ?6 minutes S�7U Ieet to th� soutn line o/
aaid Lot 30: tFence deMectiny riqAt 1� deqrees J7 minutea 30
seconds ►J9 lest, moie a less, to the sAore o!LoRe
M;nnetonl�o and fhere terminating, soid Lot 36 being
estoD�isne0 Dy juCgemenl entered in Hennepin County District
Court Case Number Si9127 ond recorded in 800k 550 0�
Mlscelfaneous Records, paye �10.
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E�isting Legal Description � �' ��� , i.? r �� �
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That part of Lot 36 including the accretions the eto, "�oma Linda"lying Easterly and �
Souther/y of the following described line: Beginning af a point on the South line o� � �y �
said Lot 36 distant 200 feet East from the Southwest corner of said Lot 36; thence
Norfh at a right angle fo said Soufh line a distance of 106 feet; thence Norfheasferly
deflecting to fhe right 58 degrees 00 minutes to the South line of the North 40 feet
of said Lot 36; thence East along the /asf inentioned South line a distance of 157
feet; thence Northeasterly, deflecting to the !eft 70 degrees 00 minutes to the shore
of Lake Minnetonka and there terminating, said Lot 36 being established by
judgement entered in Hennepin County District Court Case Number 449127 and
recorded in Book 550 of Miscellaneous Records, page 490.
Subject to an easement for fhe benefit of Lot 4, "Loma Linda"as contained in Book
2997 of Deeds, page 38Z, Document No. 3956554 over that part of the above
described land /ocafed within the fol/owing description: Beginning at the most
Westerly corner of said Lot 4; thence Easterly on the Northerly line of said Lot 4 a
distance of 26.88 feet; thence Southerly to the point of intersection of the Northerly
line of Loma Linda Avenue with fhe Southwesterly line of said Lot 4; thence
Westerly on the Norfherly line of Loma Linda Avenue 26.88 feet; thence Norfherly
to the point of beginning:
Subject to an easement for utility purposes granted to Northern States Power
Company filed in the office of the Register of Deeds of Hennepin County, Minnesota
as Doc. No. 4023453.
Proposed Lega1 Description
That part of Lot 4, Loma Linda and the properfy described as fo//ows:
That part of Lot 36 including the accretions thereto, "Loma Linda" which lies
easterly and southerly of the following described line: Beginning af a point
on the South line of said Lot 36 distant 200 feet easterly of the southwest
comer of said Lof 36; thence northerly, at a rigftt angle to said south line, a
distance of 106 feet; thence northeasterly, deflecting to the right 58 degrees
00 minutes to the south line of the north 40 feef of said Lof 36; thence
easterly, along the last mentioned south line, a distance of 157 feet; thence
northeasterly, deflecting to the left 70 degrees 00 minutes to the shore of
Lake Minnetonka and there terminating.
Which lies northwesterly of a line described as follows:
Commencing at the southwest corner of said Lot 36; thence easterly along
the South line of said Lof 36 a distance of 304.48 feet to an ang/e point in said
South line and the point of beginning of the line to be described; thence
deflecting /eft 29 degrees 26 minutes 50.70 feet to the south line of said Lot
36; thence deflecting right �3 degrees 37 minutes 30 seconds �39 feet, more
or/ess, to the shore of Lake Minnetonka and there terminating, said Lot 36
being established by judgement entered in Hennepin County District Courf
Case Number 449�27 and recorded in Book 550 of Miscellaneous Records,
page 410.
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EX/ST/NG LEGAL DESCR/PT/ON �� v y �� � ' �� �
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Lot 4, Loma Linda ��� ��"�� �=�''� h'�^���' f
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Together with an easement for fhe benefit of Lof 4, "Loma Linda"as contained in
Book 219T of Deeds, page 382, Document No. 3�56554 over that parf of the above
described land located within the following description: Beginning at the most
Westerly corner of said Lot 4; thence Easferly on the Northerly line of said Lot 4 a
distance of 26.88 feet; fhence Soufherly fo the point of infersection of the Northerly
line of Loma Linda Avenue wifh the Southwesterly line of said Lot 4; thence
Westerly on the Northerly line of Loma Linda Avenue 26.88 feef; thence Northerly
to the point of beginning:
PROPOSED LEGAL DESCRlPTION
That part of Lot 4, Loma Linda and the properfy described as fo/%ws:
That parf of Lof 36 including the accretions thereto, "Loma Linda" which lies
easter/y and southerly of the following described line; Beginning at a point
on the South line of said Lot 36 distant 200 feet easterly of the southwest
comer of said Lot 36; fhence northerly, at a right angle to said south line, a
distance of 906 feet; thence northeasterly, deflecting to the right 58 degrees
00 minutes to the south line of the norfh 40 feet of said Lot 36; fhence
easterly, along the last mentioned south line, a distance of 157 feet; thence
northeasferly, deflecting to the left 70 degrees 00 minutes to the shore of
Lake Minnetonka and there terminating.
Which lies southeasterly of a line described as follows:
Commencing at the southwest corner of said Lot 36; thence easter/y a/ong
the Soufh line of said Lot 36 a distance of 304.48 feet to an ang/e poinf in said
South line and the poinf of beginning of the line to be described; thence
deflecting/eft 29 degrees 26 minutes 50.70 feef to the south line of said Lot
36; thence deflecting right 93 degrees 37 minutes 30 seconds 139 feet, more
or/ess, to the shore of Lake Minnetonka and there terminating, said Lot 36
being established by judgement entered in Hennepin County District Court
Case Number 449127 and recorded in Book 550 of Miscellaneous Records,
page 490.