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Home My WebLink AboutResolution 4796 , ' �: ' r°";, ��r�{ Doc No A9340644 /' Certified filed and/or recorded on ,�� 3/30/09 4:30 PM 1' Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 52 Pkg ID 524434 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. T � 't . A RESOLUTION VACATING A DEDICATED RIGHT OF WAY WITHIN THE PLAT OF MORSE ISLAND PARK SECOND ADDITION FILE NO. 02-2749 , � r � , . ` ' ///'O� � � O O �� - � CITY of ORONO , � �� G�/ RESOLUTION OF THE CITY COUNCIL �kEs� . No. � rs � — A RESOLUTION VACATING A DEDICATED RIGHT OF WAY WITHIN THE PLAT OF MORSE ISLAND PARK SECOND ADDITION FILE NO. 02-2749 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,Thomas P.Egan,on behalf of the property owners of 340,350,360 and 370 Big Island,has applied for vacation of a dedicated right of way on property separating the above mentioned properties; and WHEREAS, the portion of the right of way to be vacated is legally described as follows: Attached hereto as"Exhibit A" (hereinafter"vacated right of way"); and WHEREAS,after due published and posted notice,a public hearing was held by the Orono Planning Commission on February 19,2002 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS,on February 19, 2002 the Orono Planning Commission reviewed the application and requested the Council and Park Commission review the said vacation; and WHEREAS,on March 4,2002 the Orono Pazks,Open Space and Trails Commission recommended approval of the vacation. WHEREAS,the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The City of Orono has received no objections to the vacation. Page 1 of 5 -- �_ � i''� �� !O O�� d � �� CITY of ORONO � ,� �,;I ��; �� '�/i� RESOLUTtON OF THE CITY COUNCIL \ � ,� 4 � e � ��kESH��'' N0. 2. � Qwest, Xcel Energy, and Reliant Energy/Minnegasco have all responded and have stated they did not have existing facilities within the easement area. 3. The future provisions for a public trail are not warranted in this case due to the relatively low public use of the island. The Comprehensive Plan does not encourage heavy use of the island due to erosion concerns and maintaining a natural appearance of the properties. 4. _The right of way provides interior access and mobility for the island properties. The undeveloped nature of the road system has made private property trespassing a concern. Many walking paths are not actually located within platted right of way. 5. There is no direct lake access for any portion of the road that is intended to be vacated. 6. No direct, public access to any property on the island would be eliminated by vacating the portion of right of way. NOW,THEREFORE,BE IT RESOLVED,that the vacation of the portion of right of way as described in Exhibit A, as shown on the Certificate of Survey attached as Exhibit B, is hereby granted by the Council of the City of Orono on this 22"d day of April, 2002. ATTEST: ,, �_ _ ' � / �' ( ��` `.�..',�. , ,-, �.. :�� : C-,,�.�/ �!�,'� t;_� , , � - , r .[. � r �..�� Linda S. Vee, City Clerk .Barbara A. Peterson, Mayor Page 2 of 5 . ` . � , � s � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,� � � �' � �r ��-,� Notary ublic �- STATE OF MINNESOTA JACKIE YOUNG COLTNTY OF HENNEPIN NOTARY PUBLIC-MINNESOTA ' ��:°.•Commission E ,�re.?,_ 31,'L:05 �'�� ---_�_ The foregoing instnzment was acknowledged before me on this . ��(�l? day of � � , 2002 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . � � . ��Cr � E L -- L_ `..�C'�r' !�____y �'�A�_ �� RACHEL DODGE � NOTARY PUBUC-MINNE.^OTA Notary Public ��'' " My Commission Expires Jan.31,2�5 .�-' •'-=--�^ Page 3 of 5 .� • ` � ' , Exhibit A 4796 � That part of Massasoit Avenue,as dedicated on the Morse Island Park Second Addition which lies between the southeasterly extension of the southwesterly line of Lot 1, said addition,and the southeasterly extension of the northeasterly line of said Lot 1. That part of Massasoit Avenue, as dedicated on the Morse Island Park Second Addition which lies between the southeasterly extension of the southwesterly line of Lot 2, said addition, and the southeasterly extension of the northeasterly line of said Lot 2. That part of Massasoit Avenue, as dedicated on the Morse Island Park Second Addition which lies between the southeasterly extension of the southwesterly line of Lot 3, said addition, and the southeasterly extension of the northeasterly line of said Lot 3. Page 4 of 5 � k o o • � • � „ � . . � � i °� �� i . . • y ' . CgN� x��Ep V v�cY '4 �� e G O �{J O . � " �Z e+ �g�� C o�$ �p � � fi� G x � S�o.s a��d <9`� <=i° ' �°='° �s R . � `•gs `� _ � •32�� a � '�� i��` : e��; t nvo � Z s . �'„_ �`�eY ; �s �ia � y ,�� 2"� $ iet^"t�i • ' ==3; � •s=: . E-9: � £ • . � ��1f� j Z`r�� V PiN�OM O � V • �x a�i O y� ��Y� � C � �3s� Z�t� O k4��s �� " �b�� `3 r�+• � . `r�� z . �; � pF � O �O�Q •O�� C V y y� V M � f � ' � Ow��L O�i�a C �ti�� YRS = . ~ ,''� � � t`o� io54i� � �Z�S�� Ye� � .�, �a:sa ��'s�� o,s� `N-• � ' ~ -1 � � �p>11%�� ,'`Y '= O � �' a ,�tY:'�� '" . --_=-: � OEs4�;ey : � b� ; �..... s ��s ; os . p . ' � . '.W_=.i W � :e:�� i"� C.. +' . _►� ' � CC�$`��e V aC�C� P4 � . . . ' � _ '�_': 'Zi �°�°°�SYJ @ `��,�= °E � :�:.' ►--1 e�aa�� c'o � eco�� + ��. �� 0 2�••• p~� w d t 9 q � . . . . . . 1 / ' =-='_d�:. � L OO\C�`c`C 9 vC01� �� A � . . �. �'; �' =��.5. .. �=" �r J'� �Vi1bs' yj� � . , • NtiZC s� �� 4i q� � . � ' ' t • •� �`�, �j� ___'-Y�,' 'W N� �eT?� � C d�v..wo •�, . .,: � %.. e�f o�r�o Zy't� Y 77M ,: �\ � � -'�� i" �7`��.4\p.V.7 � r�b .' � \ ' _�'_ Pm � . �yCb�bSwV � tCbp` � ,�. 'l /' ,� Q � _ � �� ". � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed Administrative Support Assistant of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on Apri122°d, 2002 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Support Assistant and the Corporate seal of the City this�day of Q�C� , 2009. r �� l!'l/1 DL�i� � ,Y��,�'�"'�,�� .;•��,�r;��'`�� Monica Fadness, Administrative Support Assistant � � ;�f ,. :r� t�,a*�,n y�.:� � � �. „��. ,�}� �.�� > r�., �� '�`�v� �.�4�`. w .,.-.'�t . �.-,�t y . r 1''�'�� --v'.� / �y.. �, ,�, f y��i.�. . .7'+s�,,,ed",M � �,+`��Rr� x�S i�"** ,�p.�y,. 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