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Resolution 1482
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Reso 0001-7399
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Resolution 1482
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11/17/2015 11:16:18 AM
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11/17/2015 11:16:18 AM
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h �. <br /> � , <br /> ♦ • <br /> ' . City o� ORONO <br /> �`� ; <br /> • "� RESOLUTION OF THE CITY COUNCIL <br /> ,:,�s;: <br /> '_'''"- #14 8 2 <br /> J.£F�, NO. <br /> w.�:.., �;. <br /> �r+ri '�� � � . . . <br /> . � • aF�:�:.: . . <br /> �"�h <br /> . • - • .... ...e . . . <br /> ,�.. _ _ . ' . . <br /> kept in repair and worked for at least six ye�rs continuously. . <br /> This statute has been interpreted by the Courts to provide for the <br /> .full 65 foot dedication only where it can be shown that this full � <br /> width has been used and is necessary for these public purposes . <br /> 12. Minnesota Statutes Section 1�0. 14 provides for the marking and <br /> platting of public roads as done by Hennepiz� County in their 1982 <br /> highway plat for County Road 15, and further provicles for filing <br /> of objections thereto by abutting property owners . When such an <br /> obj�ction is , filed the statute provides for judicial <br /> determination of the correct right-of-way or, for negotiated <br /> agreement between the road authority and the objecting owner . <br /> l�. Minnesota Statutes Section 1h3. 11 provides for the <br /> establishment , alteration, vacation or revocation of County <br /> highways by order of the County Board , and further provides that <br /> any such vacation or revocation by the County Board results in , <br /> - reversion to the City as a City street . <br /> � 14. There is nothing in the record of the City which indicates any <br /> prior action. by the Hennepin County Board regarding the <br /> relocation of County Road �]o . 15 nor action regarding vacation or <br /> reversion of the unused portions of Brackett Avenue to the City. <br /> ].5. Applicants Gregory, Duff and Hamm each claim interest in those <br /> portions of originally platted Brackett Avenue which abut their <br /> property and which they claim are no .longer in active use for the <br /> roadway purpose laid-out and originally dedicated . , <br /> .16. Applicant Gregory has filed a formal objection to the County <br /> � � highway plat with Hennepin County. Applicants Duff and Hamm are <br /> to the City' s knpw_ledge considering fili.ng such objections . <br /> 17 . A major purpose of. subject vacation application #726 is to <br /> facilitate City review of the private ownership claims pursuant <br /> to City interests and to Minnesota Statutes sections 16�.14 and <br /> 163 . 11, and to facilitate settlement of the issues so as to permit <br /> completion ancl recording of subdivision application #7�1 . . <br /> � 1�3. Public use� and interest in the County Road is evidenced as • <br /> fol].ows : ' <br /> a) Approximatelyl3 ,.ld0vehiclestravel thisstretchof County <br /> � Road No . 15 every 24 hours . <br /> 5 of 20 <br />
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