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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. 1 I 4t °2ro CITY OF ORONO M RESOLUTION OF THE CITY COUNCIL K-,,, ,,,ilt"' No. 7361 kEsHOV- 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 223254v1 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 223254v1 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. 223254v1 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. 223254vI 223254v1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7361 Exhibit C: Depiction of the Proposed Vacation