11-12-1991 Council Packet - Laserfiche WebLink

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rr---------:i-. ,'v ■' • r% U^‘ h r-r ■■ >^. •,• ' >jl: ' •--^ri- *. • .*^ .*_» »A A •« *U%t^;*.AV-v ! ‘ci fc-TsvI.. K •- M"‘ ■'• Syk'-*- - K''-' • -« Ntf ■ / I JU mV**- • iiM ■■. « i r.City of OROrVO ( c -r^-. i’^^>- V .UTVU.V ORONO 12. 13. 14. 15. 16. 17. 18. *• -tN T RESOLUTION OF THE CITY COUNCIL NO. #1482_ _ _ _ _ kept in repair and worked for at least six years continuously. This statute has been interpreted by the Courts to provide for the full 66 foot dedication only where it can be shown that this full width has been used and is necessary for these public purposes. Minnesota Statutes Section 160.14 provides for the marking and platting of public roads as done by Hennepin County in their 1982 highway plat for County Road 1S» and further provides for filing of objections thereto by abutting property owners. When such an objection is filed the statute provides for judicial determination of the correct right-of-way or for negotiated agreement between the road authority and the objecting owner. Minnesota Statutes Section 163.11 provides for the establishmentf alteration^ vacation or revocation of County highways by order of the County Board# and further provides that any such vacation or revocation by the County Board results in reversion to the City as a City street. There is nothing in the record of the City which indicates any prior action by the Hennepin County Board regarding the relocation of County Road Mo. IS nor action regarding vacation or reversion of the unused portions of Brackett Avenue to the City. Applicants Gregory# Duff and Hamm each claim interest in those portions of originally platted Brackett Avenue which abut their property and which thoy claim are no longet in active use for the roadway purpose laid-out and originally dedicated. Applicant Gregory has filed a formal objection to the County highway plat with Hennepin County. Applicants Duff and Hamm are to the City's knowledge considering filing such objections. A major purpose of subject vacation application #726 is to facilitate City review of the private ownership claims pursuant to City interests and to Minnesota Statutes sections 160.14 and 163.11# and to facilitate settlement of the issues so as to permit completion and recording of subdivision application 1701. Public use and interest in the County Road is evidenced as follows: Approximately 13#100 vehicles travel this stretch of County Road Mo. 15 every 24 hours. 5 of 20 ■5 *1 *