HomeMy WebLinkAboutResolution 7361 LAND TYPE Torrens (T)
DOC NUM 6013816
Certified, filed and/or recorded on
May 18, 2023 11:58 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 26 Pkg ID 2564961 E
Document Recording Fee $46.00
Multiple Certificates Affected Fee $20.00
Document Total $66.00
Existing Certs
1346856, 1402067
This cover sheet is now a permanent part of the recorded document.
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°2ro CITY OF ORONO
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RESOLUTION OF THE CITY COUNCIL
K-,,, ,,,ilt"' No. 7361
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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
proposed to be vacated as described in attached Exhibits A and B and depicted on Exhibit C
(hereinafter the"Rights-of-Way"); and
WHEREAS, RLA Family LP at 1449 Shoreline Drive;PID 11-117-23-21-0001, and Ellen
Schmitt, at 1475 Shoreline Drive;PID 11-117-23-23-0002,(collectively the "Owners") each own
land abutting the Rights-of-Way; and
WHEREAS, during 2020 - 2022 Hennepin County conducted a road reconstruction project to
realign the Tanager Bridge and CSAH 15. Following the realignment, it was determined that
portions of the remaining rights-of-way would no longer be needed to serve the roadway; and
WHEREAS, in 2020, the City passed Resolution No. 7098 supporting the need to vacated the
unused Rights-of-Way following completion of the County's project.
WHEREAS, following project completion in 2022, Hennepin County transferred the Deeds for
the Right-of-Way to the City; and
WHEREAS, the City has initiated the process to vacate of the Right-of-Way; and
WHEREAS,the Orono City Council finds that the existing Rights-of-way have no apparent
present or future benefit to the public; and
WHEREAS, there are no public utilities located within the Rights-of-Way; and
WHEREAS,pursuant to Minnesota Statutes § 412.851, notice of the proposed vacation was
submitted to the Commissioner of the DNR by certified mail for their comment on February 15
2023; and
WHEREAS, in accordance with Minnesota Statutes § 412.851,notice of a public hearing on the
vacation of the Rights-of-Way was published in the Laker Pioneer Newspaper on April 1, 2023;
and
WHEREAS, in accordance with Minnesota Statutes § 412.851, said notice of public hearing was
also posted at the Long Lake and Crystal Bay Post Offices on April 1, 2023; and
WHEREAS, in accordance with Minnesota Statutes § 412.851, said notice of public hearing was
mailed to the Owners affected by the proposed vacation on March 31, 2023, and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�G No. 7361
IC 5Iio
WHEREAS,the Orono Planning Commission heard testimony from all interested parties
regarding the vacation of Rights-of-Way at a public hearing opened on April 17, 2023 in the City
of Orono City Council Chambers; and
NOW THEREFORE,the City Council of the City of Orono,Minnesota, makes the following
findings:
FINDINGS
1. The proposed vacation of the Rights-of-Way does not affect access to or use of any
adjoining property. No access to adjacent or nearby properties will be limited by the
vacation.
2. The City does not intend to develop, improve, or use the Rights-of-Way for road or lake
access purposes.
3. The unimproved subject Rights-of-Way, as they exist, serve no public purpose.
4. For the foregoing reasons, it is in the public interest to vacate only the Rights-of-Way as
described and depicted on the attached Exhibits A,B, and C.
DECISION
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Orono, Minnesota
as follows:
1. That the Rights-of-Way legally described and depicted in Exhibits A, B, and C are
hereby vacated.
2. 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 8th DAY OF
MAY,2023.
Mayor
ATTEST:
City Clerk
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Atif.L.Ar_ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1 G- No. 7361
EXHIBIT A:
Description of the Right-of-Way to be Vacated
That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 15, PLAT 51 in Government
Lot 2, Section 11, Township 117, Range 23 which lies northerly of the channel shown on
HENNEPIN COUNTY STATE AID HIGHWAY NO. 15, PLAT 51 and southeasterly of the
following described line:
Commencing at the intersection of Match Line No. 8 on HENNEPIN COUNTY STATE
AID HIGHWAY NO. 15,PLAT 51 on Sheet 5 of 7 Sheets and the east line of HENNEPIN
COUNTY STATE A!D HIGHWAY NO. 15, PLAT 51; thence southwesterly along said
east line of HENNEPIN COUNTY STATE AID HIGHWAY NO. 15, PLAT 51 on an
assumed bearing of South 38 degrees 30 minutes 00 seconds West a distance of 68.14 feet;
thence North 31 degrees 55 minutes 14 seconds East a distance of 128.29 feet;thence North
34 degrees 16 minutes 31 seconds East a distance of 138.74 feet;thence North 25 degrees
29 minutes 45 seconds East a distance of 152.96 feet;thence North 18 degrees 31 minutes
17 seconds East a distance of 27. 17 feet to the point of beginning of the line to be
described; thence North 25 degrees 25 minutes 16 seconds East a distance of 90.00 feet;
thence North 64 degrees 34 minutes 44 seconds West a distance of 11.37 feet;thence North
25 degrees 25 minutes 16 seconds East a distance of 294.52 feet to the east line of
HENNEPIN COUNTY STA TE AID HIGHWAY NO. 15, PLAT 51 and said line there
terminating.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7361
Exhibit B:
Description of the Right-of-Way to be Vacated
That part of HENNEPIN COUNTY STATE AID HIGHWAY NO. 15, PLAT 51 in Government
Lot 2, Section 11, Township 117,Range 23 which lies southerly of the channel shown on
HENNEPIN COUNTY STATE AID HIGHWAY NO. 15,PLAT 51 and southeasterly of the
following described line and its northeasterly extension;
Commencing at the intersection of Match line No. 8 on HENNEPIN COUNTY STA TE
AID HIGHWAY NO. 15, PLAT 51 on Sheet 5 of 7 Sheets and the east line of
HENNEPIN COUNTY STATE AD HIGHWAY NO. 15, PLAT 51;thence
southwesterly along said east line of HENNEPIN COUNTY STATE AID HIGHWAY
NO. 15, PLAT 51 on an assumed bearing of South 38 degrees 30 minutes 00 seconds
West a distance of 68.14 feet to the point of beginning of the Hne to be described;thence
North 31 degrees 55 minutes 14 seconds East a distance of 128.29 feet;thence North 34
degrees 16 minutes 31 seconds East a distance of 138.74 feet; thence North 25 degrees 29
minutes 45 seconds East a distance of 152.96 feet more or less to the southerly line of
said channel and said line terminating.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7361
Exhibit C:
Depiction of the Proposed Vacation