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PHONi NO. <br />fcfT’ STATE OF <br />[1 s © <br />J|»o9lff.?J/lENT. Of, .resources <br />(612) 772-7935 ^ **arner Road, St. Paul, >2^ 55106 <br />FILE NO <br />November 9, 1993 <br />Mr, Mike Gaffron <br />Assistant Planning and Toning A±niniatrator <br />P.C. Box 66 <br />Crystal Bay, MN 55323-0066 <br />Dear Mr. Gaffton: <br />Please be advised, that after further review of t.he nrocosed roa-' “aeafinn nf <br />C-ys-a^^Ba?^Road r'® located between 3345 and 3339c.ys>a- Bay Roaa, the Depart.T.ent of Natural Resources still ooDcses i- a <br />vacation ot a public street .must be in the public's best inte^efJ ar-A-J^.^ <br />to tne Minnesota Supreme Court, in tho BaldSir, case, "Ai^d 2hl“f « is <br />proposed to vacate a street which is located upon a la)ce shor;! t.h2 rltLr' <br />should receive ’cur most careful consideration... the final test is whether <br />the public interest will or will not be best served by discontinu^na thi‘wfv - <br />The Baldwin case further goes or. to state, "...yet the state? t?cu?h r'oJ <br />in tie proceedings, has real and substantial rights <br />to prowect... .t IS therefore, the .'department'a position that wo are <br />fir-^u^e «»'-a«ever present,oruse whis right-of-way tray hold. <br />JLd“5«''” -T, r" ,'°f '>-» purpo„ nrwMdH ?i'”i <br />C"-e?' road^hi! S!!? m it is irrelevant as to whet.her thec^a.»er4w. road has been used on a regular basis <br />In ou <br />potei:_ - ----------- cvj.wwi.uc .ii o-.wuu u.'-.ac in tne lutura t*ie <br />street than now exists. .Most of the <br />nts vicinity, and around Lake .Min.-.etonka, have been sold to <br />privsue j...dividua.vs, and are b-ing used. Fifty years ago who would have known <br />^f'Vention of the snowmobile, and hew imoortant access for that is <br />rfho knows wnat will be in placo fifty years from How. <br />In <br />u.iau tne city aoos not nave Durisoictlon to vacate this riaht- <br />o.-way since it is not a City street, but instead the road was given in fee to <br />the p^at owners in common (see enclosured). <br />c.,03ing, a closer look at tho dedication in the Wallace's addition plat <br />es It appear that the City does not have jurisdiction to vacate this rii <br />AN EQUAL OPPORTUNITY EMPLOYER