04-25-2016 Council Work Session Packet

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Item No. 2 order that the area might be annexed to the Village of Long Lake, be accepted. Motion, Ayes (5) — Nays (0). Is it correct to assume that the Long Lake Cemetery Association is the association that operates Union cemetery, or was this in relation to some other property??? There are no additional entries in Council minutes or City records that indicate an annexation actually occurred. It may be that the Council simply `accepted' the petition document from Bollum but took no formal action with regard to it. - The Hennepin County Auditor's description of the Cemetery parcel (Exhibit L) extends to the centerline of Watertown Road. For many years Cemetery Road has appeared on Orono's list of roads subject to spring weight restrictions, but does not appear on any CIP or other public works documents. The City of Orono has done minimal maintenance of the road through the years, including plowing snow from the road and filling the occasional pothole. CONCLUSIONS 1. The west 90 feet of Cemetery Road is within Outlot C of Wolf Pointe Woods, within the city limits of the City of Long Lake, and subject to a "park and trailway easement" that may or may not intend to provide public vehicular access over that portion of the road. 2. East of Outlot C, the Cemetery clearly owns the property north of the road, and west of the creek to Outlot C owns the entire road. East of the creek, the Cemetery Association may own to the centerline (it is abundantly unclear), but does not appear to own the south half of the road. 3. Wolf Pointe Woods HOA does not own the south half of the road, as the boundary of Outlot D is south of the road, the description of the platted property does not include the road, and the plat does not show the road nor dedicate it as public road. 4. The City of Orono's jurisdiction (i.e. city limits) based on the 1956 order is to the center of the road and not south of the centerline. 5. The City of Long Lake's jurisdiction based on all evidence found is to the center of the road and not north of the centerline. REQUEST BY CEMETERY ASSOCIATION The Cemetery Association requests that the City address the parking issue caused by Birch's employees parking along the road. At the same time the Association has inquired about the ownership of the road, and what rights the Association may have over it. Specifically: 1. Is Cemetery Road a private road maintained by Orono? It historically has been a public road. The south half of the road appears to not be privately owned, and is within the boundaries and jurisdiction of the City of Long Lake by all available evidence. 2. The north half of the road may or may not be public. It is within the jurisdictional boundary of Orono, but may be owned by the Cemetery Association. It is possible that absent Orono maintenance, the north half functions as a private road owned by the Cemetery Association. Page 3 of 4