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' , <br /> ��v�'� 7���NL C�t� o� ORONO <br /> �(��J H.....: • <br /> 'S[T�u <br /> � , H���,t:;� <br /> a` RESOLUTION OF THE CITY COUNCIL <br /> ,gM c.. i <br /> '`�' NO. #1482 <br /> +::.� ` <br /> ���� ����ti:�V <br /> :.`'; <br /> ` • _ •'...,.,,, <br /> ���''�.�:-` <br /> g) The County may or may not have abandonned Brackett Avenue <br /> outside the travelled roadw�y, and therefore the City may or <br /> may not have authority to consider its vacation prior to <br /> County Board action. <br /> h) Gregory has commenced Torrens Title proceedings to address <br /> th�se issues as they affect his property interests , but has <br /> specifically ask�d the City to malce its determination prior <br /> to issuance of the title examiner ' s opinion. <br /> CONCLUSIONS <br /> Based upon the above FINDINGS, the Orono Ci,ty Counci.l concludes as <br /> follows : . <br /> 1 . The proposed lot-line rearrangement subdivision as approved <br /> herein con.forms to all intents and applicable provisions of the` <br /> • comprehensive Community Management Plan , the zoning and the . <br /> subdivision ordinances of the City. <br /> 2. Brackett Avenue as laid-out in the ori�inal 1887 plat of the Town <br /> of Orono was not vacated and was not intended to be vacated in the <br /> 1899 and/or in the 1914 vacations of portions of said plat o'f <br /> Orono , and evidence of record indicates Brackett A��enue was in <br /> use as a public road at those times . <br /> 3 . The County Road was rebuilt and relocated at some time between <br /> 1914 and 194G3 at whic.h time portions of the orginially platted <br /> Brackett Avenue ce�sed to be used for public road purposes , and at <br /> which time additional public shoreline was created along the <br /> newly built roadway shoulder . <br /> 4 . There are ambiguities of title and unanswered legal and factual <br /> quetionscaused bythe earlier plat vacations , relocation of the <br /> County road and shoreline accretions . <br /> 5. Ongoing oublic use of the Brown' s Bay shoreline of Lake <br /> Minnetonka along the shoulder of County Road 15 has been a <br /> reasonable use of the roadway shoulder , �has heen conducted in <br /> relative sa.fety and has not adversely affected neighboring <br /> property owners . Furthermore there is a public need for <br /> maintaining this shoulder for roadway support , maint�nance and <br /> snow removaJ. from the pavement to the actual water level . <br />. • �. Thos� persons who have parked in the "Molly' s Corner" parking lot <br /> area of Br�ckett Avenue have historically not used the Brown' s <br /> Bay shoreline but have instead trespassed on Burlington Northern <br /> Inc . railroad property, have caused great public nusiance , <br /> . ' 13 of 20 <br />