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Home My WebLink AboutResolutions-#4796-vacation of ROW;#5899-lot area variance;#5900-Vacation 3`ft� (��q IS��a Doc No A9340644 ' Certified filed and/or recorded on 3/30/09 4:30 PM 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 $46.00 This cover sheet is now a permanent gart of the recorded document. A RESOLUTION VACATING A DEDICATED RIGHT OF WAY WITHIN THE PLAT OF MORSE ISLAND PARK SECOND ADDITION FILE NO. 02-2749 i,� �� /: �� O�\\� . /� � �� ii �� -� 'I�� CITY of ORONO �,.� � : �; \�� ,'�;i; RESOLUTION OF THE CITY COUNCIL � \�9kESH04�=' N0. � � � �$ A RESOLUTION VACATING A DEDICATED RIGHT OF WAY WITHIN THE PLAT OF MORSE ISLAND PARK SECOND ADDITION F1LE 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 Parks,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 . -- _- �///� O�\\\� �� . /' O O `,`, ;� �e. -� �� C ITY of ORONO 1�,�� ,;; �� RESOLUTION OF THE CITY COUNCIL \\'��9k 4�G~� 4� 7 � � � '�;�ESH�/ NO. _ __�= = 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: ----. ; _ '�_ r ; � .�? ,�i, L',,�-' r��!��t, r -�," ��" _✓,_. � .� :y:; . �-=,; �'� <.,�� Linda S. Vee, City Clerk .Bazbara A. Peterson, Mayor Page 2 of 5 � � � � 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. � , , �. �`--�� ,� � , Notary�`ublic ' STATE OF MINNESOTA ' JACKIE YOUNG COLTNTY OF HENNEPIN NOTARY PUBLIC-MINNESOTA ; �� C.'��Commi�sion Expires J�r.31,2Sa5 i�, _.�.._._. _ _.__�' The foregoing instniment was acknowledged before me on this , "�(�<7 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. '? ��.. � �Ci� _C---(_ /�oc� �``'—_ RACHEL DODGE Not Public ` � � NOTAR'f RUBLIC-MINNE.^OTA � ' r�fy Commission Expires Jan.31,2005 �:`,_..:�.::.�.<:.«� Page 3 of 5 Exhibit A • � g � � That part of Massasoit Avenue, as dedicated on the Morse Island Pazk 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 Pazk 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 . __.,_� .:,, •� Exhibit A � �.��E� � 7 � � 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 Exhibit B . '. , , - . . . . . . . , . ' .. . . Vl. \ \y ' . . � . . . ' � . • k ••��i77'_1�\`\` �J� . � ��O i Q M O .. ... . ' �; ' . ` ? �`_ - ' � y S+q� � i .. y�. �"-` -•'^` .' m �c�pY• � _ O p � `'.=1.� �\ � 4 ;su �� a � , � a �s ^ n � .'�, _ .. , �. . . � a:��a� > �.: _ ____ Si�o'vk � , ��, � � =�F- � ` _ ' _ -' . a o •6�c� �� . ..�.-., .' . . .." '-.' _'-_' , . ..�•n" � . j s "n.. � �j� • -�_ - __ ---- . �s;�■ a . t�= . . . ' :;.�=, '� � - ''" .< ou��^ i t� _ � .. . � . ,, : ---'-- n N4n 3�Q . � ;�_ ._ - • . � ��^a a L�G ' � . •- '. � . ' ,P� �f. Y30 4 S�w o� � r�� -�..._. `_t_-! ` S_ �• �. . � ec��a l�. ' - ---- .'rt`. .j Cj �0 p� Q • o o�eya a - �= � s;,�� it� . _ _ _ ' -_ ._ rp OLi�_�a_...�-• _ .__._. ro ' T,Sa. R;- - '-- =:�'• ;.y�,�� ,o�',.--�__ --- c^ ^,+a; ' yo ?�� -- ' �. � �` _� '_.y - - --- ✓�' ' ,'�� o �� .��a�� ----------� = �. s ri _�: : _ .._ . _ _ . : ��4 �ro �� , � � -. �^ _-J . ---- -- : ... . ��'.,�p y' �� . . ��s' . s�'c. �. . . •` - F •��o_ . ,t,� � �^ -; _... �-�. � .'.i � �°�° � �; ; -_ � �o y , _ , , — ' 2 _ =�':�a�-.., �' Zs� C s _�o-o-= 1 '�• -`�i�_ . ►. J�%� . 1 ��N'i_�=.9'Cf�_�..__ _ P . �'' �`° . \ �e�� 'M. `� ' I LOg,�o O ' . J � . , � � � p�: . ' .� . . :'�-T-�- '- � \ C• ` '�`,� :g�.C�, , '_'-'- - =^� 2��' � , j ,r =` -`;�-i, 2 n . P .,.�.�M . �' n� ��m� �'_ _____ ys ti �1� �•�, 1 ...' '1 . I .' . ' � e O. ��4 . � �� r Y�Ln�1 f' �.>spie y� � _ __�� F� 1� � � ' .�� ' tr0 � � �4 1p snw � ` ` � 6` s n}��r� a n�O s''7 I�S M O^ � _—___-__ > � 'O� '1�, •�� .. D : 1c�o: � ?°oSqwvQa� � -_=____ Z t,, yf�t\ , ,•1 ,1•.. •,., './.'•� _ . � woa '�n S� e '��y�0 1e oia }�'n' �`ro,a� — _ _ _- P O�p• � �•, �'�� ' 1, • `f� .^ o.�`_`�,c`�a� 1 ��e��SScS b Nio --- _== � � 'b ` � � _� .;�• ro . . - _ __ +m �r ` '�:�� ,�� S'^c!! � �c�:�+ " � m. __— A�+ �5�� " `` ', c ��` R� O�±� c.�b o N�u �'�'" . u• ^ • � � y� �n��ei ? v _ STATE OF MINNESOTA ) ) ss COLTNTY 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 April 22°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 `��C� , 2009. ,.:�� .��.,��, `�'lil G'LZ� �7" �'�� '� ; � Monica Fadness, Administrative Support Assistant '�` ,;;;.. v �,�': �`r , 1 ��t ��1 r i � _ � � �� fM1'!Y .'""' � A ' r f�� _+�'�� `� "� ` �x'�W' , ,� R q ., ��, �r n+' � t ,f',y � � '.,,,� .., ':q ?{ � 1, . c .,C?�:� � �� r`^d � Y� � . r �1')�''::: '""�� r,r-`� ',! i'E <": �r : ,'. ,_ w , r ,�""' i Ag ��,. ,�,+� nC�;� „ti��ar e , :'. r��' � f f'� yF.}i`°• �+. �f£ F �l' ' '. .. tt f t :�.' . 4 � * M k.': . . ..R�.+f.� ¢+'.'. 3� ` �� Doc No A9504083 Certified filed and/or recorded on 4/21/10 12:00 PM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 53 Pkg ID 619910 Doc Name: Variance Document Recording Fee $46.00 Document Tota/ $46.00 This cover sheet is now a permanent part of the recorded document. � °� o , o -��aa.:- CITY of ORONO � ; _.a � �'� '��'' ' G~' RESO�UTION OF THE CITY COUNCI L �`�kES8�4� NO. � 8 Q 9 A RESOLUTION APPRO�'ING A LOT AREA VARIANCE FOR BIG ISLAND RECORD LOT NO. 25 PURSUANT TO ORONO CODE SECTION 78-563 FILE NO: 09-3433 WHEREAS, the property described on the attached Exhibit A, also knowll as Record Lot No. 25 or 340 Bi� Island, is situated on Big Island and is zoned RS Seasonal Recreational; and WHEREAS, in adoptin� the RS Seasonal Recreation zoning district regulations the City Couilcil reviewed ownership, development and use patterns on Bi� Island and detei�nined that all the above described property combined is and shall hereinafter and henceforth be one "Record Lot" as defined by Orono Code Section 78-568(1); and VVHEREAS, an application was filed for a lot area variance as outlined in Orono Code Section 78-563(a)(2). WHEREAS, after due published notice and mailed notice in accordance witl� Miiuiesota Statutes and the Orono, Miiu�esota, City Code, the Orono Planning Commissioi7 held a public hearing on November 16, 2009, at which times all persons desiring �o be heard concernin� this application were �iven the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oi•ono, Minnesota: FINDINGS 1. This application��as reviewed as Zoning File #09-3433. 2. The Plamling Commission reviewed this application on November 16, 2009 and on a vote of� - 0 recommended approval of the variance. 3. The above described property when combined as one Record Lot is still less tl�an the ininimum lot size required for new lots in the RS district, but this Record Lot is being Page 1 of 2 � o� 0 0 ' � CITY of ORONO � _ - � � � ��,.: � RESOLUTION OF THE CITY COUNCIL �L�kESH�4�G NO. 5 g �� used and may be used in the future for azly pernlitted use in the RS District without adverse affect upon public l�ealth, safety, or welfare. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findin�s, the Oi-ono City Council hereby �rants variances to the above described Record Lot subject to the following conditions: 1. This Record Lot including all the above described property shall henceforth be continued in common ownership by the same person or persons even if recorded as separate lots, and it shall not be subdivided, sold in parts, reduced in area or otherwise separated without approval of a subdivision by the City. This condition shall not preclude future sale or transfer of the complete Record Lot as a sinale unit or the i��erging by tax parcel combination of this Record Lot with oi�e or mare other Record Lots as long as the merging results in a reduction in tl�e number of Record Lots. Tl�e Record Lot shall be conlbined into one tax parcel. 2. Granting this variance means this Record Lot may be used for one-family seasoi�al recreational use v��ithout a structure or the existing dwelling may be used, improved, enlar�ed, or replaced witllout requiring furtl�er City Cowlcil revie�� of lot size, but subject to compliance with all building permit, setback, hardco��er, on-site sewage treatment and other perforrnance standards for development in the RS District. 3. Violation of or non-coinpliance with aily of the terms and conditions of this i-esolution shall constitute a violation of tl�e zonin� code, shall automatically tenninate any authority granted herein, and shall be punishable as a inisdemeanor :ti, .�. � Adopted by the Orono City Council on this 11" day of Januazy, ?010. i �' ,A3�T�S'I'.r �' ' `g � t_ � -�z�'� 't� �''...�� -(�i�-�- )� (�{��iti�_�. ;�� ±� '�• � ii�da S �Ue�s Ci:ty��Cl�erk �Ta s M. White, Mayor �. , , ��' � Pa�e ? of 2 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 January 1 l, 2010, 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 13th day of Januarv , 2010. � �' � �� q , � � �:��x��- , ;.,� ' City Clerk ;(seal);� r.� :-x :, ;,� - , - f � �-, ; ;.� � �� , . 3' y t � f ' ;-:F k /_ }r, Exhibit A Resolution No. � g 9 9 Lot F, Morse Island Park, according to the recorded plat therof; That part of Lot 71, Morse Island park, accordin� to the recorded plat therof, lyin� south of the north 30.00 feet thereof; That part of Lot 3, Morse Island Park 2°d Addition and Lot G, Morse Island Park, according to the recorded plats thereof, lying northeasterly of the northeasterly line of the southwesterly 50.00 feet of said Lot 3 and the same extended to Lake Minnetonka; That part of Massasoit Avenue, as dedicated on the MORSE ISLAND PARK SECOND ADDITION, which lies between the southeasterly extension of the northeasterly line of the southwesterly �0.00 feet of Lot 3, said addition, and the southeasterly extension of the northeasterly line of said Lot 3; and That part of Meta-Comet Avenue, as dedicated on MORSE ISLAND PARK, according to the recorded plat thereof, which lies southeasterly of the southwesterly extension of the south line of the North 30.00 fee� of Lot 71, MORSE ISLAND PARK, according to the recorded plat thereof, (Meta-Comet Avenue is to extend to the north line of Lot G, of said MOORSE ISLAND PARK), all in Hennepin County Minnesota. . �� .�C�'`� �-� ' Doc No A9503896 Certified filed and/or recorded on 4/21/10 10:00 AM Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 59 Pkg ID 619813 Doc Name: Resolution Document Recording Fee $46.00 Document Tatal $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION VACATING A PORTION OF META-COMET AVENUE WI'�HIN TH�; PLAT OF MORSE ISLAND PARK FILE No. 09-3433 � O� O 4 '��, �-, � CITY of ORONO � . � � ::��: � RESOLUTION OF THE CITY COUNCIL ��`4kESH�4�� NO. �J q Q a A RESOLUTION VACATING A PORTION OF META-COMET AVENUE WITHIN THE PLAT OF MORSE ISLAND PARK FILE NO. 09-3433 WHEREAS, the City of Orono is a municipal corporation or;anized and existing under the laws of the State of Miiulesota; and WHEREAS,Richard Hanson,the owner of 340 Big Island in the City of Orono,has petitioned for vacation of a portion of Meta-Comet Avenue adjacent to his property; and WHEI2EAS, after due published and posted notice, a public hearin�was held by the Orono Plamlin� Commission on November 16, 2009, regarding said vacation and all i�iterested persons were given an opportunity to be heard; and WHEREAS, immediately following this p��;i�lic hearing the Orono Planning Coinmission recommended approval of the vacation by a vote of 5-0; and WHEREAS,in consideration of the following findings the Orono Council finds the vacation as proposed is ll1 keeping with the public interest: 1. Hanson is the owner of all property abuttina t1�P ri aht of�a.�ay pr�posed t^,��e vacated. 2. That the portion of the land to be vacated has never provided direct lake access,dead- endin� approximately 40 feet from the lakeshore. This portion of the road was used to connect with Massasoit A��enue. Massasoit Avenue was vacated in 2002 pursuant to Resolution No. 4796. This disconnected portion of Meta-Comet Avenue has the potential to create on-�oing trespassing on the private land between the lake and the right-of-way proposed to be vacated. 3. No direct, public access to any property would be eliininated by the vacation. Page 1 of 2 � o� 0 0 �'��az - CITY of ORONO ,� ={ � '� � .:a�4�`' � RESOLUTION OF THE CITY COUNCIL �L`4kESH04�G N0. 5 9 4 0 4. The only use of the right of way by public utilities is for an overhead power line and service drops to 340 and 350 Big Island. The power company does not object to the vacation as long as a utility easement is retained over the portion of the right of way it utilizes. 5. Future construction of a trail withui the right of way proposed to be vacated is not warranted because it would encourage trespassing on private property between the lakeshore and the traiL There is no practical way to preven�this trespassing as the code prohibits fences within 75 feet of the lakeshore. NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council hereby approves tl�e vacation of that part of Meta-Comet Avenue,as dedicated�n MORSE ISLAND PARK, accordin�to the recorded plat thereof;Hennepin County Minnesota,which lies southeasterly of the south�;�esterly eatension of the soufh line of the North 30.00 feet of Lot 71,MORSE ISLAN�D PARK, according to the recorded plat thereof, Hennepin County, Minnesota (Meta-Comet Avenue is to extend to the north line of Lot G,of said MOORSE ISLAND PARK),retainin�a utility easement over,urider and across that part of vacated Meta-Come: Avenue, as dedicated on MORSE ISLAND PARK, according to the recorded plat thereof,Hennepin County,Mirulesota,which lies southeasterly of the southwesterly extension of the south line of the North 30.00 feet of Lot 71, MORSE ISLAND PARK, according to the recorded plat thereof,Hennepin County,Minnesota and northwesterly of a line 96.50 feet southeasterly of and parallel with the south line of the North 30.00 feet of Lot 71 and its southwesterly eatension, as shown on the attached Exhibit A. Adopted by the Orono City Council on this 1 lth day of Jas�uary, 2010. ATTEST: , ,� � ��z�2.- ,d": ��. --- G,ti��1�rZ t��.`:� Linda S. Vee, City Clerk � J es M. White, Mayor Page 2 of 2 �� \ / \ � / \ � , o�A2��'� � � �\ h � �,j('� S1 �� \ a �\ �`iJ � ��:Q�3 i � � " �� '.$, a � �� r-.•<= gS�ail�� y �� ` � � \� �^>�J �// F' ��r � �P �`'"� \ � % � i�� f � 4g �S. i �zy � , i l � �'� r ^cj J��.9� �\ /�� c� 4 ` ��#� ;�� `, ,0�� "�,, �. ��\ �� 1 }� /�� 9 a_ J;-' � �/ �, /� / / l "�t� �" � I �1'�. �� 'P� i �- 6 �� / '¢' � a� � l 1 �,b J y r� � a, �� t / ti `�rG� n ,-f�J " � �� e�\ }I �/ i ,o y r �'� �� ; ,� •- � \ � 1 ' � �'�� \ / . � � ,. �/ y��:= i� �. 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I � �� \ i 4 � �. � i� � a � �p \ /.. � , = 1 - oy� v�►�` €� t� _� � � � � �� j�3 � � ��F� e�� gay ��y �� z 8pa 3 � e�g i� �� i 3 ;LL� � � �Fi`�i � Ft!�c�pF ` ��7 €�CC �! i � �8 � � ��P �� a ....._ £ � ��7� �8Ft8 � �� r aR � 1 �_�, R �� $ �� T� ! � �"�-s � � '�$s i�� g� �" �s €e � � S� �� xirr e � A��■ �A�A� � s�� e� � � IY � � Paii7 �j � `' �� I Q � E � g� e ➢I € § Q� �_- g� � ; �� 9 $ �� r�� r�g �� '_E � � � sar� �At$g ;A� E�� 8� �� : �r �. �ia �r�§�- E°ne r�g �E e � �� i ?�e iz�� SFr F� � � s a � f' e � 3 vak �� , � IF� �p � � g g' s ; �: ~�� 6s i � � �` t � s s s�°^�y r i. �' � � O � () d � F �}:� ��i _ ��■ �e�Sp �@ � s O � � � q' ��&'6 ��e� i=. 6 BL99 9 � � O � � q�= 6�p. . g0 �Py a � z � ` b � STREET VACATION EXIIIBIT � �� PRHPARPD FOA �y�^'"'N F � �y �FS�L �s � � � SATHRE-BERGQUIST, IfVC. .�tl��'� RICI3ARDG.HANSON �FF � 15090URIBROAOY/AVWAY7AT/�NN.5rJD1iB5��76{ppp Q 4� Y � STCC ADDRPSS: J MQa • (�q 340 B!g hlMd.Omnq MiMeaoh SSi71 . � -f '��LI`�� . STATE OF MINNESOTA ) ) ss COUNTY �F HE�INLPIN } 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 January 11, 2010, 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 :: -�C�ity�fhis 13th day of January , 2010. ,� `� � �. G�� ' °. Ci�y lerk - (seal) , . _ �.,,r,, : .