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Home My WebLink AboutResolution 7006 Doc No A10685175 Certified, filed and/or recorded on Jul 31, 2019 11:43 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 1852330E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. -szLOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, �4' NO. 7006 G `1kESHOi`c" A RESOLUTION VACATING A PORTION OF FOREST BOULEVARD AND A PORTION OF BLUFF STREET HENNEPIN COUNTY, MINNESOTA FILE NO. LA19-000017 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on March 1, 2019, Stephen Paidosh, (hereinafter the "Applicant"), applied for vacation of the rights of way of Bluff Street and a portion of Forest Boulevard legally described as follows: That part of Bluff Street and that part of Forest Boulevard as dedicated in the plat of"Saga Hill Revised, Hennepin County, Minnesota"which lies between the northwesterly extension across it of the straight portion of the southwesterly line of Lot 9, Block 15, and the northwesterly extension across it of the straight portion of the northeasterly line of Lot 1, Block 16, all in said"Saga Hill Revised, Hennepin County, Minnesota" and which lies northerly of a line described as commencing at a found"PK"nail set in a 2 inch pipe on the northeasterly line of said Lot 9, Block 15; thence on an assumed bearing of South 14 degrees 42 minutes 13 seconds East along said northeasterly line of said Lot 9, Block 15 a distance of 254.89 feet to a found 3/4 inch iron pipe marking the southeast corner of said Lot 9, Block 15;thence southwesterly along the southerly line of said Lot 9, a distance of 52.30 feet on a non-tangential curve concave to the northwest, having a radius of 486.93 feet, a central angle of 06 degrees 09 minutes 16 seconds, and a chord which bears South 74 degrees 40 minutes 12 seconds West for 52.28 feet to a point of compound curvature and being the point of beginning of the line to be described; thence South 77 degrees 44 minutes 50 seconds East, tangent to the last described curve, a distance of 60.47 feet to the easterly line of that part of Washburn Avenue vacated in Document No. 2457839,filed in the Hennepin County Recorder's Office and there terminating(hereinafter the"Property"); WHEREAS, on May 20, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which Page 1 of 5 184312v1 Ojp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7006 L ,iESH0°' time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS,on May 20,2019,the Planning Commission voted 6 in favor of and 1 against a motion to deny the requested vacation; and WHEREAS, on June 10, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, on June 10, 2019, the City Council voted 5 —0 in favor of a motion to direct staff to draft an approval resolution subject to maintenance of a drainage and utility easement to protect the City's existing utility improvements which lie within the rights-of-way; and WHEREAS, on July 22, 2019, the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. There is an existing City storm water utility within the Bluff Street and Forest Boulevard rights of way. 2. The City will retain its existing 20-foot storm water utility easement which extends from Park Lane to near the lake within the Bluff Street and Forest Boulevard rights of way. The easement retained for drainage and utilities is depicted in Exhibit A and described as follows: A 20.00 foot wide drainage and utility easement, over, under and across that part of the following described parcel: That part of Bluff Street and that part of Forest Boulevard as dedicated in the plat of"Saga Hill Revised, Hennepin County, Minnesota" which lies between the northwesterly extension across it of the straight portion of the southwesterly line of Lot 9, Block 15, and the northwesterly extension across it of the straight portion of the northeasterly line of Lot 1, Block 16, all in said"Saga Hill Revised, Hennepin County, Minnesota", and which lies northerly of a line described as commencing at a found "PK"nail set in a 2 inch pipe on the northeasterly line of said Lot 9, Block 15; thence on an assumed bearing of South 14 degrees 42 minutes 13 seconds East along said northeasterly line of said Lot 9, Block 15 a Page 2 of 5 1843 12v1 �OAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ;S*4 NO. 7006 `�/ES HO distance of 254.89 feet to a found 3/4 inch iron pipe marking the southeast corner of said Lot 9, Block 15; thence southwesterly along the southerly line of said Lot 9, a distance of 52.30 feet on a non-tangential curve concave to the northwest, having a radius of 486.93 feet, a central angle of 06 degrees 09 minutes 16 seconds, and a chord which bears South 74 degrees 40 minutes 12 seconds West for 52.28 feet to a point of compound curvature and being the point of beginning of the line to be described and a point to hereinafter be referred to as Point "A"; thence South 77 degrees 44 minutes 50 seconds East, tangent to the last described curve, a distance of 60.47 feet to the easterly line of that part of Washburn Avenue vacated in Document No. 2457839, filed in the Hennepin County Recorder's Office and there terminating. The centerline of said easement is described as beginning at said Point "A"; thence South 77 degrees 44 minutes 50 seconds East a distance of 48.82 feet; thence North 11 degrees 15 minutes 30 seconds West a distance of 312.22 feet to the shore of Lake Minnetonka and there terminating. 3. The City Council finds that the existing rights of way have no apparent present or future benefit to the public. 4. The City Council finds that: a. The vacation does not affect access to or use of any adjoining property. No adjacent or nearby properties will have their access limited by it. b. The City does not intend to develop, improve, or use the existing rights of way for road or lake access purposes. c. The drainage and utility easement in favor of the City will be retained and maintained for drainage and utility purposes over the existing storm water facilities. d. The unimproved subject rights-of-way, as they exist, serve no public purpose. Page 3 of 5 184312v1 (1,4;;;(t),_ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7006 NOW, THEREFORE, BE IT RESOLVED, that the vacation of the rights of way of Forest Boulevard and Bluff Street as described above with the City's retention of the drainage and utility easement is hereby granted by the City Council of the City of Orono by a vote of 9 in favor and 0 against, on this 22th day of July, 2019. ATTEST: .1140 Anna Carlson, City Clerk Dennis Walsh, Mayor Page 4 of 5 184312v1 ------. "----._ -___ 2 \ IlltliWitt itiyiPi • E Y ��P I s \ �6C _ON• c1,1;i°11110. _e 11 110. „13,v 11 , W ff 31. gY m 603iN� ® ••. 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