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Home My WebLink AboutResolution 6549 '7755 At fli 4, 6 4)-0 r�e� Doc No A10265103 Certified, filed and/or recorded on Dec 2, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 116 Pkg ID 1328162M Document Recording Fee $46.00 Document Total $46.00 THIS DOCUMENT WAS RECORDED IN AN ILLEGIBLE CONDITION This cover sheet is now a permanent part of the recorded document. r�,'`-_' moi, RESOLUTION OF THE CITY COUNCIL 6 54 9 NO. A RESOLUTION VACATING A DEDICATED RIGHT-OF-WAY WITHIN THE PLAT OF BERGQUIST'S AND WiCKLUND'S PARK, HENNEPIN COUNTY, MINNESOTA FILE NO. 15-3761 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Nancy Radermecher, a single person, (hereinafter the "Applicant") owned the property located at 4775 North Shore Drive, within the City of Orono (hereinafter "City") and legally described as: Lots 8 & 9 and % of Lot 7 adjacent to Lot 8, Block B, Bergquist Wicklund's Park, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Applicant has applied for vacation of a dedicated public right- of-way abutting the above mentioned properties; and WHEREAS, on September 15, 2015, the Property was sold to the Ben A. Wasscher Revocable Trust under agreement dated September 3, 2008 and the Katrina Wasscher Revocable .Trust under agreement dated September 3, 2008, (collectively hereinafter the "Owner") represented by Bernard Andre Wasscher and Katrina Lindsey Wasscher as trustees. 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" immediately adjacent to property described as Lots 8 and 9, and the northwesterly Y2 of lot 7, all of Block 6 of said plat; and WHEREAS, after due published mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on September 21, 2015 regarding said vacation and all interested persons were given an opportunity to be heard; and Page 1 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL S H ORS NO. d5 49 WHEREAS, on July 16, 2015 in accordance with MN Statute 412.851 a written notice of the petition was served by certified mail upon the commissioner of natural resources; and WHEREAS, on September 21, 2105 the Orono Planning Commission reviewed the application and on a vote of 6-0 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: 1. Topographic information shown on the survey indicates the property has a very steep slope to the shore with no terrace level at the base, hence vehicular travel within the right-of-way is not feasible and 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. Other nearby segments of Lake Street have been vacated by the City, including that portion adjacent to 4705 North Shore Drive in 1996; that portion adjacent to 4753 North Shore Drive in 2002; and that portion adjacent to 4745 North Shore Drive in 2012. This right-of-way discontinuity is an additional factor that supports the currently requested vacation. 3. The City of Orono has maintained a strong stand against vacating 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 westerly of Lot 10, Block 6 and easterly of Lot 1, Block 6, 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. 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. Page 2 of 4 CITY OF 0-1110610 RESOLUTION OF THE CITY COUNCIL NO_ 54"'} 6. In a letter to the City dated September 9, 2015 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 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. The City, the County and the State are not likely to spend tax dollars 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 have 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 topographical 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. Page 3 of 4 OF 4 r('o1'4kTo RESOLUTION OF THE CITY COUNCIL 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 attached as Exhibit A, is hereby granted by the City Council of the City of Orono on this 12th day of October, 2015. ATTEST: r Diane Tiegs, City Clerk Page 4 of 4 �a lcmd�.iaft - Liii Tod McMillan, Mayor "1 FROFERTY ADDRESS: 4775 Nath snore Drh►e O>coNo, MN FOR:. RIDGE CREEK CUSTOM HOMES Resolution `...... -+ Exhibit A Is ONIM ML Inuh BOIL� wr anti �awm 49 y OWARW11071 4 4 • 41 1 '� 4jy i-, \ • y L7 h dr r�P /A.i aFw7w \� 'r." -� r , •rA 0003 OLI .� •� _ 4 rye -Y y 14.4.:, . �� zzk� �?y�{.�'� _ ,�'a •J •ate \...J Mom mm MPOW144ML Mt Y reegW H Lake Mod hen Or r1a/d +w6 do �taaIft4 M k hae bw1 '�Mealed BEAFak" SMW ARE aw AS=M DAIRMR A1z LDT am AMaJ T WF �` � 7orAE far F LAW Bf. %%m - ms.= eq, fL He - 11.717 sq, ft– 'Pf WNt&A the bonen of 1 a fpaaed Add111en - dpi. 4 Ft. nae and anournbraias KIM" Fhm 911 . may adet 1% addMlar, ihaee Ww- harew Thhj by oI -r) P,11q Bk. Drk wey – A1. -M ft ft " 10bwrranoa �t atim, Dim M ap akw LEGAL DE9CRIPTit]N � - � L �'e �t m e. – 4 FL 7hb eraVsy Moe Feb. 12IN 2014, h the- Lot• a and 9 and 1/I of Lot 7 it bft shad -des SSo FL (br be MWWQ mim ime of �Aeaa;:: to "IM" PASO-1 !mew omft Mleie FIL (W be PL (MOS ft. to •...•� afiaMn hal". that MIarM eat looatad d"to arro,r/be 41OW %W Sbfi . *1f3 Sq. Ft. the ba rwnnuedj 1 y Owft chat thls F'PT1°r1e �b740 +4 R) - *2911{ me ar under m wt t � 'RON" ar w M"�w r C*4740 sq, fta •. 21.7z i Proq+ared 6y jldesaLand Swve or under the a St4a ofJOBNL5dE3BSjaR 7-7-13 (add aRy aam n Mtn}18--15 (add OMBao/ 4,,-4rn )-Q� r is a ewuueywra ..� .s_�e—.r _ 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 October 12, 2015 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 15'h day of October, 2015. A 1 lane Tiegs, Ci Jerk