HomeMy WebLinkAboutResolution 7445 LAND TYPE Abstract (A)
DOC NUM 11269798
Certified, filed and/or recorded on
Mar 13, 2024 8:09 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 98 Pkg ID 2653359E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF NIINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ORONO )
I certify the foregoing is the true and accurate original resolution adopted by the City Council on
January 8,2024.
Officially signed as City Clerk of Orono,Minnesota and the sI of the city gi January 8,2024.
Ch usian4 ity Clerk
E v vi
f' � S
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7445
1
A RESOLUTION
VACATING PUBLIC RIGHT-OF-WAY
#LA23-000045
WHEREAS, the City of Orono, (the “City”) has jurisdiction over the public right-of-
way described as follows:
That part of the new street location of Lake Street shown on a survey by Arleigh C. Smith
dated October 26, 1959 in Doc. No. 3213583 which lies easterly of a line drawn from the
Northwest corner of Lot 1, Block 10, Saga Hill Revised to the Southwest corner of Lot 6,
Block 1, Saga Hill Revised, Hennepin County, Minnesota (hereinafter the “Right-of-Way”);
and
WHEREAS, Ellette Anderson (“Anderson”) is the owner of the property
addressed 1260 Spruce Place (“Lot 1, Block 6, Saga Hill Revised”) the Right-of-Way on the
south side, and James B. Easley and Melissa J. Easley (“Easley”) are the owners of the
property addressed 1250 Spruce Place (“Lot 1, Block 6, Saga Hill Revised”) abutting the Right-
of-Way on the north side (herein collectively as the “Owners”); and
WHEREAS, the Owners have filed a petition seeking a vacation of the Right-of-
Way; and
WHEREAS, the City Council finds that the existing Right-of-Way as depicted in
attached Exhibit A and described in attached Exhibit B (“Proposed Vacation”) has no apparent
present or future benefit to the public for lake access; and
WHEREAS, there are existing public stormwater drainage ways within the Right-
of-Way that serve a public purpose; 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
August 24, 2023.
WHEREAS, in accordance with Minnesota Statutes § 412.851, a notice of a
public hearing on the vacation of the Right-of-Way was published in the Laker Pioneer
Newspaper on November 4, 2023; 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, 2023;
and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7445
2
WHEREAS, in accordance with Minnesota Statutes § 412.851, said notice of
public hearing was mailed to the public utilities which may be affected by the Proposed Vacation
on October 18, 2023, 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 10, 2023, 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 20, 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
1. 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.
2. The City does not intend to develop, improve, or use the existing rights-of-way for road or
lake access purposes.
3. The unimproved subject right-of-way, as it exists, serves as a public stormwater
drainageway which shall be preserved by the reservation of easements.
4. For the foregoing reasons, it is in the public interest to vacate the right-of-way described
and depicted in 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 vacation shall not affect the authority of any person, corporation, or
municipality owning or controlling the electric or telephone poles and lines, gas lines,
sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage
areas thereon or thereunder, to continue to maintain the same or to enter upon such
way or portion thereof vacated to maintain, repair, replace, remove, or otherwise
attend thereof.
vDdv CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
iNO IL
Git NO. 7445tKESH00'
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 following the terms of this Resolution.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ORONO this 8' day of January 2024.
I. ,41-e4raffl
s..
Dennis Walsh, Mayor
ATTEST:
C risti usia , y Clerk
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7445
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7445
5
EXHIBIT B:
Description of Existing Public Right-of-Way
LEGAL DESCRIPTION OF STREET TO BE VACATED
That part of the new street location of Lake Street shown on a survey by Arleigh C. Smith dated
October 26, 1959 in Doc. No. 3213583 which lies easterly of a line drawn from the Northwest
corner of Lot 1, Block 10, Saga Hill Revised to the Southwest corner of Lot 6, Block 1, Saga Hill
Revised, Hennepin County, Minnesota.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the true and accurate original resolution adopted by the City Council on
January 8, 2024.
,ry '
Officially signed as City Cleric of Orono, Minnesota and the sear of, he-crty January 8, 2024.
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C i.stirrelusian °pity Cleric