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Home My WebLink About#4582-vacating ROW-2000 � : - �I 1-Z- �om0�l,i ndA I4ve� t I�to Lorr�a Lrr�ol0� �+�- I I(�D l.orn� Li►�olo� Aver 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 Tota/ $46.00 This cover sheet is now a permanent part of the recorded document. . �� , - - , ' ', �'__ � i� �11�' O O ��, - CITY of URONO � � ti ti RESOLUTION OF THE CITY COUNCIL �L�kESH�4�� NO. 4 a°�.� �. \�--/ 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 uncier 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 "E�chibit 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 heazd; 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 /�/ / ��`\\? � ' V\ O 0��,, �:b� - , CITY of ORONO ,� �;I �� '� � RESOLUTION OF THE CITY COUNCIL ��9 4�'� NO. �� .�;� ,,; �kESH�� __= NOW, THEREFORE, BE IT RESOLVED,that the vacation of the right of way legally described in Exhibit A is hereby granted by the Council of the City of Orono on December 11, 2000. tiT'TEST: _ •,. . � ��, � . � .., �„ ,�, � �� . ,� ,� - - � �:, � : / � `�':2 '`' � C � e'. - -- " Linda S.�Vee, City Clerk Gabri Jabbour, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was 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. `1��`l� (��1v"��' � �y� Notary Pubyic `' `� �N� ,�.. MARY ANN,lOHNSON . ;;?� ,�. . NOTARY PUBUC•MINNESOTA ��' �,�y�q�ynission Expires Jan.31.2005 Page 2 of 3 • � - • � , , . • � O � � O O , C ITY of ORONO � � ti '� RESOLUTION OF TH� CITY COUNCIL �� 4`�G rvo. 5 8 2 k'ESH� cX�r►a�r A s �� LOMA LINDA AVENUE s �_-�--N 90'00'00"E 10. - . i r _ �' ��--- ----—� 8 W ��h.._i,-N°niwu�eI j 10 � � �j �' e�mwrs I o, �1 . d y � PA�C LTA i , � 3----- A � i (i�22)I i `s z �gw � ig I 17 i � g 12 I � I a i �T i � '� g �.��-+- � �aL� � S � I�l r'J :r„ ` ..�•---' N 90°00'00" E 72850 �--.,, �, �T�j�� O o � FAg/E.Hi� �,;�,,, �r_ ., --- z � I ('� ' � " �'.�dS—_.�''—�...—.�we=L,I'`�JSAT-�i— "'� � I �$� ..� � 4-wesr uc av�07 ts ��,.• ��Y �/3 i �°� I ��i,o si '$� E%6TMG 13 �<,, "E �N / EXISTING IEGAL DESCRIPTIONS : o---.i �------L---i� �� a �„�,,�PARCEL B .�,. ��N ,. �Q�' �`l " /� PARCEL A • (1122 LOMA LII�A) L R ROA��o I�. �t �„�51140�¢.s---�—*�.y-- ~iii(oi ' �\ � o Lots 17 and 18, "LOMA LI�A" ' A �,„ � --- 4�.,. pppp ✓'``,,...��.r� •�..._ 704A7 3D• PARCEL B : (1140 LOMA LINDA) � �r �-�___..� .�� 2z+.o� ---`'`f � Lot 13, "LOMA LINDA" I i` • EAST ""+.,TO BE CWABMED PARCEL C t (T160 tOMA LWDA) �wrtH LOTS �a k i5 pARCEL C Lots 14�md 15, "LOMA LM�AA" ��60� NEW LEGAL DESCRIPTIONS : PARCEL A Lots 17 and 18 except tfat part of aad Lot 17 which liea south oi the westerly extension oi the north Gne of Lot 13 and east of a line 30 feet west of, measured at a ri¢�t a�gle to, and para@el with the wast Ilne of said Lot 13, ALSO that pat of the adjolning vacated eervice road which 6ea west of said fine 30 feet weat of the west line of Lot 13, and eaet of the southerly ext�eion of the west Iirre oi said Lot 78, dl in "LOMA LMJDA". PARCEL B Lot 13, and thone parts of Lot 17 and tlx adjoini� vacated aervice rood which lie south of tha weaterly extenaion of the north line of said Lot 13 and eaat oi a line 30 feet weat of, meawred at a rlght angle to, and poraMel with tlx west fine of eaid Lot 13, d in "LOMA LI�A". PARCEL C Lota 14 and 15, Also the eouth half of Ux adjoining vocated service road which lies weet of the eoutherly exteruion of the west 6ne oi Lot 18, ap in "LOMA LMJDA". LEGAL DESCRIPTION OF ROAD TO BE VACATED BY THE qTY OF ORONO : That part of the Service Road as sFwwn on the pbt of "LOMA LRJDA" which Ites south of the westerly extension of the rrorth line of Lot 13 in said �at. NOTE : In tF�e plat of "LOMA LI�A", the atreets were dedicated or�y for the uae of the owners in that �tion. LEGAL DESCRIPTION OF UT�ITY EASEMENT : An eaeament for utifity pr poses ovv, uider and ocrose the folowing dsscribed prop�ty : That pa�t of Ua Service Road as ehown on the plat of "LOMA LWDA" which lies south of the weaterly ext�sion of the north line of Lot 13 in said plat, and aost oi o Nne 30 feet weat of, meaeured at a right angle to, a�d p�dbl with the Weat fine of said Lot 13. LEGAL DESCPoPTION OF DRAMAGE AND UTILITY EASE►�NTS : An easement for drainoge and utlity pirpoaea ovu, wder ond xroas a ten foot wide atrip arw�d tM perimeter of the fobwing dea�ibed property • Lots 77 and 18 exeept that part of eaid Lot 17 whieh lies south of the westerly extmnion of the rarth fine of Lot 13 and saat of o line 30 feet west of, msaeured at a right angb to, and paralbl with the west Gne of said Loi 13, ALSO thot part of the adjoinirp vacated service road which lies wsst of said flne 30 feet west of the weat line of Lot 13, and east oi the aoutherly extemion of the wemt Me of said Lot 16, ad in "LOMA IMDA". An oasement for drainoge and utility purposee over, isder ond aeross the North, West and South five feet of the fdbwing deacribad property ' Lot 13, and those parta of Lot 17 a�d the adjoinirg vacated eervice road which lie south of the westerly oxterq{on of the north �rrre of�aaid Lot 13 and eaet of a fins 30 feet weat of, mewured at a riqht anc�e to, aid p�apel with the weat Gne oT wid lot 13, aA in "LOMA LMAA". Fage 3 of 3 ._. _ _ ,� .>, �� :� //�2 �-��. �n�ti � �,�, .�: ;� �� . � , a ,.. �'. Doc No A10359977 "� Certified, filed and/or recorded on : -� , , a�xs . - Sep 23, 2016 11:46 AM � � Office of the County Recorder �� Hennepin County, Minnesota x�. . Martin McCormick, County Recorder �� Mark Chapin, Counry Auditor and Treasurer �;�=� ��= ,,-- Deputy 96 Pkg I D 1448985C ��-.� ','.� . ,�,"�`� Attested Copy or Duplicate Original $2.00 Document Recording Fee $46.00 ument Total $48.00 � q � i � � � �.�, . ,..-� .� _ � �� .k . �� ,�� °��, =�p� � .'� � �. �.:�,. (Above space reserved for recording.) SERVICE ROA►D MAINTENANCE DECLARATION 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 parcels 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, Parcel B and the Service Road, and are legally described as follows: Parcel A: Lot 17 and Lot 18, except that 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 Cownty,Minnesota Pazcel 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 para11e1 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 Pazcel B, G&G shall,at its soie expense,be responsible for maintaining and repairing the Service Road. � �� - 2. In the event Parcel A and Parcel B are at any time each owned by a different owner (whether or not one of the owners is G&G or$successor or assign of G&G), (a)the owner of Parcel A shall be responsible for maintaining and repairing the Service Road, (b)the owner of Parcel B sha11 be responsiblE for reimbursing the owner of Parcel A for one-half of the reasonable cost of such maintenance and repair, (c)the Ovmer of�'arcel B shall have the right to repair and maintain the Service Road if the Owner of Farcel A fails to do so within a reasonable time after written notice from the owner of Farcel B, and r�cover the cost from tl�e 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 Pazcel A, the owner of Parcel B, and their respective successors and assigns. This Dsclaration 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,, �(�'e,� �d D�° Ellen Goldberg Luger, G eral Part r STATE OF l��NNESOTA ) ) ss. C�UNT'Y OF HENNEPIN ) The foregoing instrument was acknawledged before me this 23rd day of September, 2016, by Ellen Goldberg Luger, genexal p�rtner of G&G Holding Co. Limited Partnership, a Minnesota limited partnership, on behalf of the limited partnership. Notary 'c nn�nnnnn�nnnn�^^^ WENDY ANN BERNDT Prepared By: N�ry Publk-Minnesota Stinson Leonard Sueet(EI-iG) t�►��°^$��0 l50 S.Sth Street,Suite 2300 Minneapolis,MN 55402 Te 1 ep h one: 6 l 2-3 3 5-15 00 �---- Receipt 9/23/201611:46 AM County Recorder/Registrar of Titles Auditor/Treasurer Hennepin County PackagelD: 1448985 Doc# Document Name � A10359977 Declaration $48.00 Total $48.00 Tender Amounts Escrow $48.00 Total $48.00 i. €