HomeMy WebLinkAboutResolution 7327 1
LAND TYPE Torrens (T)
DOC NUM 5991535
Certified, filed and/or recorded on
Dec 20, 2022 12:42 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 92 Pkg ID 2523902E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1549909
This cover sheet is now a permanent part of the recorded document.
4L0I\! \ CITY OF ORONO
litic.
RESOLUTION OF THE CITY COUNCIL
No.7327
':'$. ://)
A RESOLUTION VACATING A PORTION OF THE PUBLIC RIGHT-OF-WAY
WHEREAS, the City of Orono, (the "City") has jurisdiction over the Public Right-of-Way as
described in attached Exhibit A ("Right-of-Way"); and
WHEREAS, Matt Johnson(the "Owner") owns land abutting the Right-of-Way, addressed 1003
Wildhurst Trail(PID 07-117-23-21-0016 and PIDs 07-117-23-21-0006; 07-117-23-21-0007; 07-
117-23-21-0016; 07-117-23-21-0002); and
WHEREAS, the Owner has filed a petition seeking a vacation of the Right-of-Way as depicted
in attached Exhibit B ("Proposed Vacation"); and
WHEREAS,there is an existing City sewer utility and Wright-Hennepin Electrical Cooperative
overhead electric service line in the Proposed Vacation within the Hattie Place right-of-way
which is serving a public purpose; and
WHEREAS, pursuant to Minnesota Statutes § 412.851, notice of the Proposed Vacation was
submitted to the Commission of the DNR by certified mail for their comment on September 20,
2022.
WHEREAS, in accordance with Minnesota Statutes § 412.851, notice of a public hearing on the
vacation of the Right-of-Way was published in the Laker Pioneer Newspaper on November 5,
2022; and
WHEREAS, in accordance with Minnesota Statutes § 412.851, said notice of public hearing was
posted at the Long Lake and Crystal Bay Post Offices on November 4, 2022; and
WHEREAS, in accordance with Minnesota Statutes § 412.851, said notice of public hearing was
mailed to each property owner affected by the Proposed Vacation on November 4, 2022, and
WHEREAS, the City of Orono City Council heard all interested parties on the question of the
vacation of Right-of-Way at a public hearing opened on November 21, 2022 in the City of Orono
City Council Chambers; and
NOW THEREFORE, the City Council of the City of Orono, Minnesota, makes the following:
FINDINGS
1. There is existing City sewer utility infrastructure and a Wright-Hennepin
Electrical Cooperative overhead electric service line in the Proposed Vacation
223254v1
within the Hattie Place right-of-way. The City will retain its existing 30-foot
utility easement which extends from the northern end to Wildhurst Trail. The
easement retained for utilities is depicted in Exhibit B and described as follows:
Those parts of Hattie Place and Lafayette Avenue, as dedicated to the public in the plat
of Mount Home Park described as follows: lying east of the east line of the Southwest
Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117,
Range 23, Hennepin County, Minnesota; south of the north line of Lafayette Avenue, west
of the east line of Hattie Place and its northerly extension and north of the north line of
Oak Glen Avenue (now known as Wildhurst Trail).
2. The Proposed Vacation does not affect access to or use of any adjoining property. No
adjacent or nearby properties will have their access limited by it.
3. The City does not intend to develop, improve, or use the existing rights-of-way for road or
lake access purposes.
4. The unimproved subject rights-of-way, as they exist, serve no public purpose.
5. For the foregoing reasons, it is in the public interest to vacate only the rights-of-way as
shown on the attached Exhibits A and B.
DECISION
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orono, Minnesota
as follows:
1. That the Right-of-Way legally described and depicted in Exhibits A and B is
hereby vacated.
2. The utility easement in favor of the City will be retained and maintained for utility
purposes over Hattie Place.
3. In accordance with Minn. Stat. § 412.851,the City Clerk is hereby directed to file
a certified copy of this Resolution with the County Auditor and the County Recorder/Registrar of
Titles in accordance with the terms of this Resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ORONO this 12t1 day of
December, 2022.
Mayor
ATTEST:
ity Clerk
223254v1.
EXHIBIT A—Resolution No. 7327..
Description of Existing Public Right-of-Way
Those parts of Lafayette Avenue, Grandview Place,Hattie Place and the Alley in Blocks 3 and 4,
as dedicated to the public in the plat of Mount Home Park described as follows:
Those parts of Hattie Place lying east of the east line of the Southwest Quarter of the Northeast
Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County,
Minnesota; south of the south line of Lafayette Avenue and north of the north line of Oak Glen
Avenue (now known as Wildhurst Trail).
Those parts of Lafayette Avenue lying east of the east line of the Southwest Quarter of the
Northeast Quarter of the Northwest Quarter of Section 7, Township 117,Range 23, Hennepin
Country, Minnesota and west of the northerly extension of the east line of the west 1/2 of Lots 8-
14, Block 1, Mount Home Park.
Those parts of Grandview Place lying south of the south line of Lafayette Avenue and north of a
line drawn from the southwest corner of Lot 8,Block 1 to the southeast corner of Lot 7, Block 3,
all in Mount Home Park.
Those parts of the Alley in the middle of Blocks 3 and 4 lying south of the south line of
Lafayette Avenue and north of the north line of Oak Glen Avenue(now known as Wildhurst
Trail).
223254v1
Exhibit B - Resolution No. 7327:
Depiction of the Right-of-Way to be Vacated
IN THE PLAT F MOUNT HOME ARK
I HENNEPIN COUNTY, MINNESOTA
1
14\ LAFAYETTE AVENUE
\ \
\\ \\N
1 ; 14 --\ 1
-J \` i4
2 I J.
I 13 \ 2 I
13
3 1 12 N 3
_ A2
4 11 `\ 4 7+ 1
5 1D k)
---J 5
1
9 , 6 I
-_--J ►� 9
H8 : \ 7Ifr__ _J }_ _
1 ; W 16 -'
----J g 1 16
2 1 = 15 �, 6 L
--___J I
1 L 15
3 14 \_ sill
____1 �,, L 14
_4 1 134 \ 1� 4 °
2 13
51
A w I
I 12 \ \ 5 0 1
----J * it Z L 12
6 ; 1 ! 1` \ 6
-- \-_ L 11
7 1 10 \ I
81 9 � \ L
----.a ,
I J 9
L OAK GLEN AVENUE (WILDHURST TRAIL)
o 1 00 200 400
....� 6
Norniom. iiii ...
SCALE IN FEET ® : TO BE VACATED
E I I I I4. : UTILITY EASEMENT
i
;III I. TO BE RESERVED