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Dx No T05348854
Certiffed,flled and/or reco�ded on
May 10, 201611:35 AM
� Office of the Registrar of Titles
Hennepin County, Minnesota
- Martin McCormick, Registrar of Titles
Ma�C Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1386722C
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C ITY OF ORONO
RESOLUTION OF THE CIT'Y COUNCIL
�FA �,G~�` No. � 6562
kESHO�
A RESOLUTION VACATING
THE ROAD AND UTILITY EASEMENT OVER
OUTLOT C, EAST WILLOW WOODS
HENNEPIN COUNTY,MINNESOTA
FILE N0. 15-3790
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Clifford L. Otten and Louise W. Otten, husband and wife, are the
owners (hereinafter the "Owners") of Outlot C, East Willow Woods, Hennepin County,
Minnesota, also identified as Hennepin County PINS #34-118-23 22 0020 within the City of
Orono; a.nd
WHEREAS, the aforesaid Outlot C is subject to that certain Road and Utilities
Easement in favor of the City of Orono dated April 18, 1990 and memorialized as Document No.
2132373 of record with the Hennepin County Registrar of Titles as of October 24, 1990; and
WHEREAS, the City of Orono has entered into a Purchase Agreement with the
Owners whereby the City is acquiring land from Clifford Otten for Municipal Well#4; and
WHEREAS, as a condition of said Purchase Agreement the City is required to
vacate"the right-of-way abutting the north property line of the Seller's Commercial Property",i.e.
the Road and Utilities Easement over Outlot C of East Willow Woods; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public
hearing on October 19, 2015 regarding said vacation and all interested persons were given an
opportunity to be heard; and
WHEREAS, on October 19, 2015 the Orono Planning Commission reviewed the
application and on a vote of 4-0 recommended approval of said vacation of the road easement,
subject to retaining a utility easement; and
WHEREAS, the Orono Council finds the vacation as proposed is in keeping with
the public interest and in consideration of the following findings:
Page 1 of 3
�o�o
CITY OF ORONO
fZESOLUTION OF THE CITY COUNCIL
�Fq �,�'~� N�. b562
kESHO�
l. The easement in question is located within Outlot C of East Willow Woods, a
subdivision plat filed in 1990 which created two residential lots abutting Dickey
Lake Drive and Pine Ridge Lane; two commercial lots abutting Wayzata
Boulevard; and three outlots: Outlot A over a small wetland; Outlot B to
accommodate Orono Municipal Well No. 3; and Outlot C,a corridor for a potential
future road connecting Brown Road and Willow Drive to reduce direct access onto
Wayzata Boulevard. East Willow Woods was platted prior to decisions regarding
the expansion of Highway 12, and Outlot C was anticipated to be necessary to
provide for business access should the Highway 12 expansion occur within the
existing Highway 12 corridor.
2. Once the decision to create the Highway 12 "Super 2" bypass was made,the need
for a through road between Willow and Brown was decreased. Twenty five years
after its creation, Outlot C has not been developed as a service road. Current
planning for this area suggests that Outlot C will not be needed as a service road
connector. The onYy public use to date has been for access to the City wellhouse
on Outlot B, and that access will no longer be necessary upon completion of the
pending City acquisition of part of Lot 2, Block 2 East Willow Woods and part of
vacated Pine Ridge Lane.
3. Electric, gas, telephone and cable utilities have been norified of the proposed
vacation and those responding have indicated they have no existing facilities within
the easement area do not object to the vacation.
4. The City of Orono has no municipal water or storm sewer facilities within Outlot
C. The City does have a short segment of municipal sewer line and a sewer
manhole within Outlot C, over which the Owners have agreed to grant a
replacement Utilities Easement upon vacation of the Road and Utilities Easement.
5. The City Council finds that the existing Road and Utilities Easement has no
apparent present or future benefit to the public.
6. The City Council finds that:
a) The vacation does not affect access to or use of any adjoining property.The
property owner's legal access to the property will not be affected by the
vacation of the Road and Utilities easement and no adjacent or nearby
properties will have their access limited by it.
Page 2 of 3
�o�o
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�l,� �,G' N o. � 5 6 �
kF s tt o�
b) The City has not and does not intend to develop,improve,or use the existing
Easement area as a road or for utilities or access purposes except as noted
above.
c) The unimproved Easement area as it exists serves no public purpose.
NOW, THEREFORE, BE IT RESOLVED, that the vacation of the Road and
Utilities Easement over Outlot C, East Willow Wood,Hennepin County, Minnesota memorialized
as Document No. 2132373 is hereby granted by the City Council of the City of Orono on this 23rd
day of November, 2015, such vacation to be effective upon City receipt of a replacement utility
easement from the Owners.
ATTEST:
� / �C�l�^'�-� l_ r/ r
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i �f( �' O��f�' V"y�
n.P Tiegs, City 1 .rk Lili Tod McMillan, Mayor
Page 3 of 3
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 is the original document approved by the
Orono City Council on November 23, 2015, thereof on file in my office, and the same is a
correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corpo�-ate se�a �� _ e City this
1 S` day of December, 2015.
.��� �`
iane Tiegs, Cit i�'le.rk �