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Zoning File #2088 <br />January 8, 1996 <br />Page 2 <br />In reviewing Exhibit B, it is not clear what claim the property owner at 3750 Bayside Road <br />wxmld have if the underlying property was not part of the original Ottoville plat. Again this <br />issue is resolved by Hennepin County once the City has determined no public use for the 30' <br />allev. <br />Mr. Gardiner has submitted a copy of the easement as requested by the Planning Commission <br />that confirms the legal right of the owTier of 3770 Bayside to use 16 1/2' wide easement along <br />the north property line of the property for access. <br />The issue of utilities has not been resolved as of this writing (refer to Exhibit F). Utility <br />companies will advise the City as soon as they have completed their inspection of the area. <br />City staff cannot schedule the vacation application before the Council until the four utility <br />companies have reported their findings. <br />Staff Recommendation <br />To approve the vacation for 30' alleys as originally dedicated in the plat of Ottoville Lake <br />Minnetonka subject to the following conditions: <br />1.The vacation petition shall not be scheduled before the Council until the City <br />has received a report from the utility companies confirming whether utilities are <br />located within the unimproved oublic right-of-way. If utilities exist, applicrait <br />to provide easements over all existing utilities. <br />2.Applicant's surveyor to provide a complete legal description for the vacation of <br />the 30 ’ alley for the official resolution of the City. <br />------- —. . m • ,