HomeMy WebLinkAbout#6420-vacating easements-2014 n�-
Doc No T05188040
Certified, filed and/or recorded on
Jul 28, 2014 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1135795M
Doc Name: Resolution
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1383556
This cover sheet is now a permanent part of the recorded document.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 6420
A RESOLUTION
VACATING THE UTILITY EASEMENTS GRANTED WITHIN
HENNEPIN COUNTY DOCUMENTS NO. 1488546 AND NO. 4749663
FILE NO. 13-3631
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Landsource, LLC (hereinafter the `Applicant') on behalf of Real
Assets II, LLC (hereinafter the `Fee Owner') has requested vacation of utility easements granted
to the City of Orono in 1982 via Hennepin County Documents No. 1488546 and No. 4749663
over the property located at 3700 Northern Avenue (hereinafter the `Property') within the City of
Orono and legally described in Exhibit A(attached); and
WHEREAS,the easement(s)to be vacated are legally described as follows:
(Doc. No. 1488546): The southerly 30 feet of Tract B and Tract C, Registered
Land Survey# 763,Hennepin County,Minnesota.
and
(Doc. No. 4749663): The Southerly 30 feet of: The South 2/3 of the West 3/4 of
Lot 9,Block 10, Townsite of Langdon Park,Hennepin County,Minnesota.
WHEREAS, after due published and posted notice, a public hearing was held by
the Orono City Council on July 14, 2014 regarding said vacation and all interested persons were
given an opportunity to be heard; and
WHEREAS, the Orono City Council finds the vacation as proposed is in keeping
with the public interest and in consideration of the following findings:
1. The two easements to be vacated were granted to the City in 1982 for construction
of City utilities to serve the Northern Avenue neighborhood. These easement
documents contain faulty legal descriptions, in that each fails to take into account
or incorporate the adjacent property comprising Vacated Northern Avenue. The
incorrect descriptions placed the easements over the southerly 30' of Tracts B and
C, RLS #763, and the southerly 30' of Lot 9, Block 10, Townsite of Langdon
Park.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y`�ry tiG~� NO. 6420
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2. The subsequently constructed sewer and water lines were constructed within the
southerly 30 feet of Vacated Northern Avenue and are not within the easements as
granted in 1982. The City of Orono has no municipal utilities within the
easements being vacated.
3. The pending plat of Northern Oaks will dedicate 30 feet of public right-of-way for
Northern Avenue in the appropriate location that incorporates the'existing sewer
and water lines.
4. The City Council finds that:
a) The vacation does not affect access to or use of any adjoining property.
b) The City has not and does not intend to develop; improve, or use the
easement area for utilities or access purposes.
C) The existing easements to be vacated serve no beneficial public purpose
and provide an impediment to development of the Property.
NOW, THEREFORE, BE IT RESOLVED, that the easements established via
Document No. 1488546 and Document No. 4749663 as described above, are hereby vacated by
the City Council of the City of Orono on this 14th day of July, 2014.
Uhl od McMillan, Mayor
AT'T'EST:
Rachel Dodge,City Clerk
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
EXHIBIT A
NO. 6420
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LEGAL DESCRIPTION OF PROPERTY
Torrens portion:
Tracts B and C, Registered Land Survey No. 763,Hennepin County, Minnesota,
Abstract portion:
That part of Lot 9, Block 10, Townsite of Langdon Park which lies south of the westerly extension
of the North line of Tract B, Registered Land Survey No. 763 and which lies west of the West
line of said Tract B; That part of Vacated Northern Avenue, that lies westerly of the southerly
extension of the southerly portion of the East line of Tract C, Registered Land Survey No. 763,
and easterly of the southerly extension of the West line of Lot 9,Block 10, Townsite of Langdon
Park,Hennepin County, Minnesota.
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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 July 14th, 2014, with the original thereof on file in
my office, and the same is a correct transcription thereof.
.WITN SS my hanofficially a such City Clerk and the corporate seal of the
City,this / day of L c, , 2014.
City Clerk
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