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v;V <br />P'-' i-r • ; <br />•■■v. <br />'<U <br />mtA <br />JL- <br />rJt:n^. <br />90tm <br />f, #.V?^:* )I <br />^ *■■' '%• i 38 <br />r <br />(. <br />c <br />•- «-r.'' <br />City of ORONO <br />1 <br />*,(;HY'..: <br />' X '» j <br />RESOLUTION OF THE CITY COUNCIL <br />NO. *1482 <br />< )l .. ^ <br />ORUNO:* <br />k''--' '^M <br />7. <br />8. <br />9. <br />10. <br />dali^m and threatening actions to neighbors, and have been in <br />personal danger because o£ unsafe use of the railroad trestle for <br />fishing purposes. This parking area has never been opened or <br />auti^crized for use by the public for this purpose. Much of the <br />actual area used for parking is on either railroad or private <br />property owned by Gregory, and is not within platted Brackett <br />Avenue. <br />If the City were to open and develop an official parking area at <br />Molly's Corner within the Brackett Avenue right-of-way and not on <br />railroad or private property, there wuld be room at roost for 6 to <br />8 ears. Use of this parking area for Brown's Bay fishing would <br />entail creating a crosswalk across the curve in County Road 15 and <br />this would be more dangerous than continuing to have Brown's Bay <br />fishermen park directly on the shoulder of the road on the <br />lakeshore side. <br />The best interests of the public, including neighborhood <br />residents, fishermen and users of County Road 13, will be served <br />by closing the Molly's Corner parking lot and by securing <br />permanent public right to continuing use of the Brown's Bay <br />shoreline for fishing access. <br />The proposed platting of the entire area is the best method for <br />clearifying actual and intended ownership of the various areas. <br />The proposed plat design including lots and outlots, the location <br />of proposed lot lines, the width of dedicated road right-of-way <br />and the proposed maintenance easements are all consistent with <br />the facts of record concerning valid ownership claims and the <br />intent of the Council concerning preservation of public rights. <br />Vacation of all of Brackett Avenue concurrent with the proposed <br />platting, will facilitate clearing of title ambiguities and is <br />reasonable provided public interest in the shoreline and the <br />travelled roadway is preserved. Such vacation is in the best <br />public interest because: <br />a) Brackett Avenue as platted is useless and no longer in use <br />for the public road purposes intended. <br />Vacation of Brackett Avenue will allow platting and <br />dedication to the public of the actual right-of-way <br />currently used by and for County Road No. 15. <br />Existing public interest in the shoreline of Lake <br />Minnetonka will be preserved and protected by creation of <br />the proposed lakeshore outlots to be owned in fee by the City <br />for the use and benefit of the general public. <br />14 of 20 <br />...j \