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Home My WebLink AboutResolution 6187 • Y � O� O , O CITY of ORONO � - � � °.�-; �+ RESOLUTION OF THE CITY COUNCIL � G�`� No. 6 1 8 7 ��kESH�4'� A RESOLUTION VACATING A DEDICATED RIGHT-OF-WAY WITHIN THE PLAT OF BERGQUIST'S AND WICKLUND'S PARK, HENNEPIN COUNTY,MINNESOTA FILE N0. 12-3573 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Herman and Marilyn Crawford, husband and wife (hereinafter the Applicants) are the owners of the property located at 4745 North Shore Drive within the City of Orono, and legally described as Lots 1, 2 and 3, Block 6, Bergquist's and Wicklund's Park, Hennepin County, Minnesota; and WHEREAS,the Applicants have applied for vacation of a dedicated public right- of-way abutting the above mentioned properties; and WHEREAS, the portion of the right-of-way to be vacated is legally described as follows: That part of Lake Street as dedicated in the plat of "Bergquist's and Wicklund's Park, Hennepin County, Minnesota" which lies between the southwesterly extensions of the northwesterly line of Lot 3 and the southeasterly line of Lot 1, Block 6 of said plat; and WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on November 19, 2012 regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, on November 19, 2012 the Orono Planning Commission reviewed the application and on a vote of 7-0 recommended approval of said vacation; and WHEREAS, the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: l. Topographic information and photographic evidence indicate the property has a very steep slope to the shore (30%-50% slopes, i.e. a bluf� with no terrace level at the base, hence vehicular travel within the right-of-way is not feasible and Page 1 of 4 . , � O� O � O CITY of ORONO aaz�� 1 � F RESOLUTION OF THE CITY COUNCIL �� :� :: G� No. 6 1 8 7 ��kESH�g'� pedestrian use is minimally possible at best. The Council finds that vacating the right-of-way as requested will have no impact on present or future public accessibility to the lake. 2. Two other nearby segments of Lake Street have been vacated by the City, including that portion adjacent to 4705 North Shore Drive in 1996 (directly east of the proposed vacation) and that portion adjacent to 4753 North Shore Drive in 2002 (directly west of the proposed vacation). This right-of-way discontinuity is an additional factor that supports the currently requested vacation. 3. Applicants' property abuts a 30-foot wide dedicated roadway platted within Bergquist's and Wicklund's Park as "Adams Street". Adams Street is perpendicular to the shoreline and extends from County Road 19 to Lake Street, potentially providing access to the shore of Lake Minnetonka. The City of Orono has maintained a strong stand against vacating those alleys or fire lanes that are perpendicular to the shoreline which would potentially provide public access to the lake from other right-of-ways further back from the lake. On that basis, the portion of Lake Street in Bergquist's and Wicklund's Park lying between the southwesterly extensions of the southeasterly line of Lot 1, Block 6, and the northwesterly line of Lot 6, Block 5, is specifically not included within the area being vacated. 4. The City of Orono has no municipal sewer, water, or storm sewer facilities within the portion of right-of-way to be vacated. A municipal storm sewer line does exist within the right-of-way of Adams Street but will not be affected by the proposed vacation. 5. Electric, gas, telephone and cable utilities have been notified of the proposed vacation and none have objected to the vacation nor indicated they have existing facilities within the easement area. 6. In a letter to the City dated November 13, 2012 the Minnesota Department of Natural Resources (MnDNR) has expressed opposition to the proposed vacation, citing a 1944 Minnesota Supreme Court decision that also appears in the Orono Comprehensive Plan. MnDNR suggests that there are potential unknown future public uses of the right-of-way, and also cites Minnesota Statute 412.851 which requires MnDNR to review the proposal to evaluate (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access Page2of4 � o� O _, O CITY of ORONO �,_� - +-� ° -�; � RESOLUTION OF THE CITY COUNCIL �'�� ,�`� No. 6 1 8 7 �kESH04'� to public waters; and (3) how the vacation would impact conservation of natural resources. MnDNR opposition does not preclude the City from approving the vacation but is advisory. 7. The City Council finds that this particular right-of-way has no apparent present or future benefit to the public because of the topography of the site. Additionally, the City Council finds that the public will benefit by the rip vate ownership of this area because the adjacent property owners, not the public,have a strong interest in protecting and maintaining the immediate shoreline to prevent erosion and slope failure at this site. The City, the County and the State are not likely to spend tax dollazs maintaining this shoreline. 8. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. The property owner's legal access to the property will not be affected by the vacation of Lake Street and no adjacent or nearby properties will ha�e their access limited by it. b) The City has not and does not intend to develop, improve, or use the dedicated right-of-way as a road or for utilities or access purposes. c) The unimproved dedicated right-of-way as it exists serves no public purpose. Due to topoa aphical constraints, this area of shoreline is not conducive to pedestrian or vehicular movement, therefore existing and future public access to the lake will not be reduced or impacted by this vacation. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the portion of Lake Street right-of-way as described above, and as shown on the Certificate of Survey atta.ched as Exhibit A, is hereby granted by the City Council of the City of Orono on this lOth day of December, 2012. .� .�� Lili Tod McMillan, Mayor ATTEST: ;i��-�,�C/• �,� Linda S. Vee, City Clerk Page 3 of 4 . 1 � o� O ,, O CITY of ORONO ��_�- � �- 1 �' �► RESOLUTION OF THE CITY COUNCIL �'� '� � �� No. 6 1 8 7 ��kEsH�g'� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 1�-, day of December, 2012 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 4�, � '`"`'' MONICAA.FADNESS ' 6- y �°'> NOTARY PUBLIC-MINNESOTA NO Public ',;.,�,�;' My Commission ExpiresJan.31,2017 �"rc.c'ti-'��`��- STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this�7�J day of December, 2012 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. D��L� � ` � Not Public "�'' MONICAA.FADNESS - NOTARY PUBLIC-bIINNESOTA `;fe�; My Commission Expires,lan.31,1017 Page 4 of 4 ___---__�._.--_--.- - -- 6 1 � 7 ' HERMANE CRAWFORD IN LOTS 1, 2, & 3, HLOCK 6, BERGQUISTS & WICKLUND'S PARK HENNEPIN COUNTY, MINNESOTA .� \ \ � b6 � \ \ \ . �- >�\ �\ /..--.S � C \� - so2j\\ Q � � � � �� . oa > .�� \ � ,��ti� ' . F� � � � � � `4 � \� �� \� � , � \ 4 e�8 � ., �: � I�9 � � EXISTING a,,,,,a� � Z HOUSE.� �� / � \\ �/ �. ,�t /47{5 �/ / � ro�' o �`" i i � � o -� �v � \ I op�"j �p, ,� � �'�� -�y�`• �� R9\ � �O 9p / � "�\ / `Q � , �\ 3 ' , _:�� , �,� � `' 0° ` � i' �' / Y��:��'°'° i Nw•tr u�c ov � 4~ � � io.�,e�ooc n \�'�/ �`.� / ; .°�.:P„� �. .,\ 2 /,�.� , ,�, �. , �, ,�, 1; • .�„�, • h I � � �/ wa.o \ �/ p� `�`'v Jy �f RSS. j,� SETBACK�` � ^ �r 9 / ��+E � / � ��°�"� � ;'��, 1 �� , �o , �. � 82H.4 � I CON70UR � � � �'C�j I � / ` �tQ HW'LY LfE OF ` �/[�+� (�• �FGMLST�t b QO (�,Y p��,ll wiaauasvux O � Ci" LAKE °'°��'��, �^ ��, � MINNETONKA �9�r��' �s°oo ..._..... `� ��. ._..� _Zp 0 20 40 60 JENNINGS BAY i �=� 5 C A L E I N F E E T I LECAL DESCRIPTION OF PREMISES : TFwt part oi Lots 1, 2, and 3, Block 6,Bergquist h Wicklund'e Pork, I lying South of 1he Southerly right-of-way line of County Road No. 19. PROPOSED LEGAL DESCRIPTION OF VACATED LAKE STREET : Thot part of Lake Street os dedicaled m the plat of "Bergquist o : denotes iron marker k Wicklund'e Park, Hennepin County, Minnesota' which lies batween Beorings shown ore bosad upon an assumed dotum. and thelsouthe sterly fne�of Lothj'n�ortnwBlockl6��of said plal. This survey intends to ahow the boundaries of ihe obove describad Property, the RECEIVED location oi on existing house,pump house, decks, drrvaway, and partial hordcover" thereon. It does not purport to show any other improvements or encroochments AUG 2��D�Z � CITY OF ORONO GRONBERG AND ;��;°;d�w�'�,�„"°�;,,�S,r,Ya�"",��.,' + za °�D Rvm� wrz °c�as'v' a ASSOCIATES, INC. �^��51a°• '"�~~p" "" °"""" CONSULTING ENGINEERS,LAND �-6-�Z SURVE�OR�S TH��P�LAENNERS '�,��<�/ ,� +oe nn L05NG L�KE.MN.55J56 Mark S.Grorox9 �^^�o�e tS�u�rOw 12755 12-005 95Y-�73-tlat 'Z� #3573