The URL can be used to link to this page

Home My WebLink About#5651 - vacating portion of road i.S"�D �G��°� �f � �� v{y'r Doc No 9032750 08/31/2007 03:51 PM ��"��*F Certified filed and or recorded on above da � Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Re rder Transl� 252 Deputy 26 Fees $35.50 DOC $10.50 SUR $46.00 Total ;t �'RAfVSFEr� ��I�`��a�� iENNEPIN COUNTY TAX�AYER SERVIC�S AUG 3 ? �DO� H 1�1 �[�1�r�. �Y ' � � . ��, A RESOLUTION VACATING A PORTION OF BRACKETTS POINT ROAD AS DEDICATED IN THE PLAT OF "REARRANGEMENT OF ORONO POINT" AND VACATING CERTAIN DRAINAGE AND UTILITIES EASEMENTS WITHIN LOTS 1 AND 3, BLOCK 1, "BRACKETTS POINT" IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 07-3274/3306 � o � 0 0 ' � CITY of ORON� a��:- a � �� ''�/` ' G~' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� N0. � � ��' A RESOLUTION VACATING A PORTION OF BRACKETTS POINT ROAD AS DEDICATED IN THE PLAT OF "REARRA.NGEMENT OF ORONO POINT" AND VACATING CERTAIN DRAINAGE AND UTILITIES EASEMENTS WITHIN LOTS 1 AND 3, BLOCK 1, `BRACKETTS POINT" IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 07-3274/3306 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on February 22, 2007 Bruce G. Paddock (hereinafter the "Developer") represented by George Stickney, in conjunction with a proposed re-platting of Lots 1 and 3, Block 1, BRACKETTS POINT, Hennepin County, Minnesota, filed a petition and application with the City of Orono requesting the vacation of a portion of Bracketts Point Road dedicated as public right-of-way within the plat of REARRANGEMENT OF ORONO POINT, Hennepin County, Minnesota and legally described as follows: That part of Bracketts Point Road as dedicated to the public within the plat of REARRANGEMENT OF ORONO POINT, Hennepin County, Minnesota, which lies southerly of a [ine drawn from the most westerly corner of Lot 1, Block 1, BRACKETTS POINT, Hennepin CounTy, Minnesota, to the most northerly corner of L,ot 3, said Block 1; and WHEREAS, said petition and application also requests the vacation of certain drainage and utility easements dedicated in the plat of BRACKETTS POINT and legally described as follows: All of the Drainage and Utility Easements dedicated in Lots 1 and 3, Block 1, BRACKETTS POINT, Hennepin County, Minnesota; and WHEREAS, the Developer is the owner of two of the three properties directly gaininQ public road access via the portion of right-of-way to be vacated; and Page 1 of 4 � . � O� O O ' �aa :- CITY of ORONO � -� � � �� ' "`� G'�'� RESOLUTION OF THE CITY COUNCIL �`9kESH.�4� _ NO. 5 6 5 �I WHEREAS, after due published and posted notice, a public hearing was held by the Orono Planning Commission on March 19, 2007 regarding said vacations and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission on March 19, 2007 recommended conditional approval of the proposed vacations; and WHEREAS, the City Council of the City of Orono finds that said vacations as proposed are in keeping with the public interest and in consideration of the following findings: l. Bracketts Point Road was originally dedicated to the public as a 20' corridor in its current configuration in 1903. Currently, the 20' right-of-way of Bracketts Point Road contains a narrow paved road/driveway that serves homes at 1450, 1480 and 1�00. It has no cul-de-sac platted or constructed, but both 1480 and 1500 have loop driveways that have eliminated the need for vehicle backing. While these provide for some minimum level of emergency vehicle access, at the average 14' width the existing driveway system does not provide the 20' width required by the Minnesota State Fire Code Sections SQ3.1.1 and �03.2.1. The current road and driveway system is not in compliance with these standards. 2. The portion of dedicated right-of-way to be vacated has technically existed as a public roadway for many decades, but a majority of the portion to be vacated has served primarily as a private driveway for the three homes at 1450, 1480 and 1500 Bracketts Point Road, and has not been fully maintained by the City. The City for many years has not generally plowed snow or otherwise maintained the portion of riQht-of-way to be vacated, except to the extent of using it for access to the municipal sewer lines under t?��, northerly 60% of the length to be vacated. 3. The right-of-way to be vacated does contain City sewer lines and other public utility lines which serve the petitioner and other abutting property owners. 4. The vacations of said right-of-way and easements is reasonable only in conjunction with the proposed relocation of Bracketts Point Road by the Developer as a new private road, and relocation by the Developer of all associated utility lines and services. 5. Because the right-of-way to be vacated does not abut the shore of Lake Minnetor�ka, it does not provide direct access to Lal:e Minnetonka or any other public amenity. Page 2 of 4 , � O � O O ' � C ITY of ORONO � .- � _a � �� ' �"�/' G~' RESOLUTION OF THE CITY COUNC�L �`�kEsH.og'� rvo. 5 6 5 1 6. In conjunction with the proposed relocation of Bracketts Point Road, the vacation of said right-of-way will not eliminate access to any adjoining or nearby properties. 7. Utility companies have been notified of the proposed vacations and they have indicated they do not oppose the vacations as long as their respective existing utility lines are relocated to the relocated Bracketts Point Road and the Developer bears all costs of relocating such utilities. The Developer has agreed to this condition as documented in the Developers Agreement dated�'�- `�—�� . , 8. While municipal sewer lines exist within the right-of-way and easements to be vacated, in conjunction with the relocation of Brackets Point Road the Developer has committed to bear the costs of relocating said lines to the relocated Bracketts Point Road. 9. The City does not intend to use the portion of ri�ht-of-way to be vacated for any public purpose. 10. The City has received a letter of support for the vacation from the owners of the adjacent property served by the existing road. 11. Vacation of the pubiic road and its associated drainage and utility easements, and relocation of the existin� utilities within the vacated corridor, will provide proposed Lot 1 with a lakeshore yard that is not encumbered by easements. 12. The proposed plat and road relocation will remove significant amoL.nts of ha.rdcover from the 0-75' lakeshore setback zone where n� hardcover is normally allowed, and relocate it to the 75-2�0' zone where its runoff impacts are reduced. NOW, THEREFORE, BE IT RESOLVED, that the petition of the Developer is hereby granted by the City Council of the City of Orono and that the portion of right-of-way and drainage and utility easements as legally described above are hereby vacated, subject to the following: 1. This vacation approval shall not be effective until such time that Developer has entered into a Developers Agreement with the City of Orono for relocation of Bracketts Point Road and its associated utilities. This vacation approval is valid only in conjunction with the subsequent recording of the plat of BRACKETTS POINT 2ND ADDITION with Hennepin County. Page 3 of 4 , . � . . � O ' V O � O - �� . CITY of ORONO �a .,.� � �., ,.:. �� ;'� �'�' RESOLUTION OF T E C TY COUNCIL L� �� No. 5� 6 5� 1 . kESH� 2. Developer shall relocate all public and private utilities from the roadway and easements being vacated onto Outlot B of BRACKETTS POINT 2ND ADDITION and/or its associated drainage and utility easements, at applicant's expense. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on August 27, 2007. ATTEST: �� ,inda S. Vee, City Clerk J es M. White, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �"�day of �=�� , 2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � ;,,^ � Notary Py�blic ,� .. �/ � � JACQUELYN M. YOUNG STATE OF MINNESOTA � �Ot`'�'�'u'��Minnesata M�� C OLTNTY OF HENNEPIN My�eelon�ea Jan 31,zoto The foregoing instrument was acknowledged before me on this�" day of�-� 2007 by Linda S. Vee, Crty Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,r�.��, RACHEL DODGE �L��' ��,CjL. �v ;��'' NOTARY PUBLIC-MINNESOTA � `;��h'p';' ,� �, n1,-Cemmission Expires Jan.31,2010 Notary Public si:�r,:,:,r.."::?s:�->—.. Page 4 of 4 � , �. , 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 August 27, 2007, 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 28th day of August , 2007. �� ' �-z- City Clerk (seal)