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Home My WebLink About#6337-vacating ROW/vacating easement-2013 � ., - r �� v-e �u � t -�e� Doc No A10035613 Certified, filed and/or recorded on Dec 6, 2013 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 1062107M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. . . � O� O O CITY of ORONO � , � � �' � RESOLUTION OF THE CITY COUNCIL �� .. G� No. 6 � 37 �9kESH0�� A RESOLUTION VACATING THE DEDICATED RIGHT-OF-WAY OF ROCKY KNOLL DRIVE WITHIN THE PLAT OF ROCKY KNOLL AND EASEMENT VACATION AT 3515 SIXTH AVENUE NORTH HENNEPIN COUNTY, MINNESOTA FILE NO. 13-3635 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Dale Peterson owner of 3515 Sixth Avenue North, jointly with Gale Ledstrom owner of 3465 Sixth Avenue North (hereinafter the "Applicants") have applied for vacation of a dedicated public right-of-way legally described as Rocky Knoll Drive which was dedicated within the plat of Rocky Knoll, Hennepin County, Minnesota; and extinguishment of a road easement granted via Hennepin County Document No. 3947699; and WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on October 21, 2013 regarding said vacation and easement extinguishment and all interested persons were given an opportunity to be heard; and WHEREAS, on October 21, 2013 the Orono Ptanning Commission reviewed the application and on a vote of 7-0 recommended approval of said vacation and easement extinguishment; and WHEREAS, the Orono City Council finds the request as proposed is in keeping with the public interest and in consideration of the following findings: 1. The Council finds that vacating Rocky Knoll Drive as requested will have no impact on present or future public accessibility to the nearby Lurton Park property. 2. Rocky Knoll Drive does not provide a through connection to Lurton Park; it terminates in a cul-de-sac approximately 720 feet into the Applicants' properties south from Sixth Avenue North (CSAH 6). Each of the Applicants' properties has approximately 190 feet of depth before reaching the Lurton Park property line. 3. Rocky Knoll Drive has served as a shared driveway serving only the Applicants' properties since approximately 1969. This is an additional factor that supports the currently requested vacation. Page 1 of 3 . . � O� O � O CITY of ORONO :-0 - � y � -�. � RESOLUTION OF THE CITY COUNCIL � ' ti 6337 ' p NO. t�kESH�4� 4. The City of Orono has no municipal sewer, water, or storm sewer facifities within Rocky Knoll Drive, to be vacated. 5. The original plat of Rocky Knoll created 3 lots to be served on the east side of Rocky Knoll Drive. Those 3 lots were later replatted into one parcel, negating the need for a public or private road at this location. 6. Electric, gas, telephone and cable utilities have been notified of the proposed vacation and none have objected to the vacation nor indicated they have existing facilities within the easement area. 7. The City Council finds that Rocky Knoll Drive has no apparent present or future benefit to the public. 8. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. b) The City has not and does not intend to develop, improve, or use the dedicated right-of-way as a road or for utilities or access purposes. c) The unimproved dedicated right-of-way as it exists serves no public purpose. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the dedicated public right-of-way legally described as Rocky Knoll Drive which was dedicated within the pfat of Rocky Knoll, Hennepin County, Minnesota; and extinguishment of a road easement granted via Hennepin County Document No. 3947699, is hereby granted by the City Council of the City of Orono on this 28th day of October, 2013 with the following conditions: 1. The Applicants shall establish cross-access easements granting access for both properties over the existing driveway prior to the recording of this Resolution with Hennepin County. ATTEST: l-1�cr r° ,° //;r�" ,�' � � �C Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page2of3 � o� ��. O CITY of ORONO � �-- °-�' F. RESOLUTION OF THE CITY COUNCIL � Y :�. . �� '�' NO. 6 � 3 l �kESH��' STATE OF MINNESOTA COUNTY OF HENNEPIN �h The foregoing instrument was acknowledged before me on this �. day of October 2013 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � "��:�..,. MONICAA.FADNESS �`'�"�' Q ` '� �: -_ -=`; NOTARYPUBLIC-MINNESOTA Notary Public �.��'� My Commission Expires Jan.31,2017 '`p......;:,,� �� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �8�day of October, 2013 by Rachel Dodge, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. t;�;'m;;�,: �� `�I�U�.�1�i�('C�t (.! "'f;``- + ONICAA.FADNESS >' , ;;-�;:, Notary Public - • _•-�. NOTP,RY PUBLIC-MlNNESOTA �1�`��iv�y Commission Expires Jan.31,2017 'q>;'r w.,, �''e�.N�?c� Page 3 of 3 � • , STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on October 28, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this 2(��'day of ��, ,;�1,�„ /1,e,� , 2013. '=;. C_�2_ ` ��' `�� , 7 cc�-k ,%� City Clerk �� ;. �.f 4,/,. cx, tl - _ _ .�� .w -,� y. �; � .... :, 7 ' f ;! .. .f� t � .:if fiLZ S��y `�f 9 ='�"j ! , . ♦� �'t a� �:�:�r'.a . - .. '� *v*��+,'F �__ i .)" 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