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Of/-''V— <br />ā– i <br />Jean Mabusth <br />April 2, 1982 <br />page 3 <br />Jean, I would appreciate it if you would discuss with Bruce <br />Malkerson my opinion concerning the vacation of Brackett Avenue. <br />When the plat of Orono is filed, the various public roads, alleys, <br />public reserve, etc., were dedicated to the public. In the <br />second vacation of the plat of Orono in 1914, various streets, <br />alleys, avenues, and the public reserve within that plat were <br />vacated, ā€... save and except Brackett Avenue as the same is a <br />county road ...ā€. My understanding of that language is that all <br />of Brackett Avenue was vacated except the portion that was a <br />public road. If that interpretation is accepted, the county <br />would not have any interest in the other portions of Brackett <br />Avenue. <br />To eliminate any confusion, I would ask Orono to vacate all of <br />Brackett Avenue, except the portion shown on the proposed plat as <br />being dedicated as the right~of~way of County Road 15. We would <br />also attempt to secure from Hennepin County a deed, or whatever <br />other documentation would be necessary to release their interest <br />in the property. I believe, however, that Orono*s vacation, <br />along those lines, would be sufficient to achieve the purpose <br />which we are seeking. I am enclosing a photocopy of the judgment <br />and decree of the district court dated October 29, 1914, vacating <br />Brackett Avenue. Please note that since 1914 the predecessors of <br />the Gregorys have paid taxes on the portion of Brackett Avenue <br />which the Gregorys are claiming. Of course, the Gregorys have <br />paid taxes on that land for as long as they have owned it. <br />If I can provide you with any additional information, please let <br />me know. Mark Granberg will be forwarding to you the revised pre <br />liminary plat drawings not later than Monday or Tuesday of next <br />week. Again, let me thank you for all your assistance and good <br />advice on this project. <br />sh <br />enc.