HomeMy WebLinkAboutResolution 5514 Z •
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RESOLUTION OF THE CITY COUNCIL
`�.kEsKOg' No. 5 5 1 4
A RESOLUTION VACATING
THE 12-FOOT WIDE ALLEY
WITHIN BLOCK 13 OF THE PLAT OF
"MINNETONKA BLUFFS"
IN THE CITY OF ORONO,
. HENNEPIN COUNTY, MINNESOTA
FILE NO. 06-3210
WHEREAS, the City of Orono is a municipal coiporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, on July 12, 2006, Steven & Jo Webster and Kent & Sandra Larson
• (hereinafter the "petitioners") on behalf of themselves and on behalf of tlie owners of other
affected properties, completed the filing of a petition and application with the City of Orono
requesting the vacation of the 12-foot wide alley dedicated as public nght-of-way witlun Block
13 in the plat of Minnetonka Bluffs, Hennepin County, Minnesota in 1887 and legally described
� as follows:
The alley as dedicated to the public within Block 13 in the plat of Minnetonka Bluffs shown
as 12 feet wide and lying South of the South line of Dickenson Street and North of the North
line of Fox Street, all in Minnetonka Bluffs,Hennepin County,Minnesota; and
WHEREAS, after due published and posted notice, a public hearing was held by
the Orono Planning Commission on Aub st 21, 2006 regarding said vacation and all interested
persons were given an opp'ortunity to be heard; and '
WHEREAS, after due standing and consideration, the Plaiuiing Conunission on
August 21, 2006 recominended unanimous approval of the proposed vacation; and
WHEREAS, the City Council of the City of Orono finds that said vacation as
proposed is in keeping with the public interest and in consideration of the following findings:
1. The portion of dedicated right-of-way to be vacated has never been improved as a �
public roadway, but has served as a private driveway for one or more homes. The
alley does contain City sewer lines and other public utility lines which serve the
• petitioners,the other abutting property owners, and the public.
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RESOLUTION OF THE CITY COUNCIL
��`�kEsKO�'�G No. 5.5 1 4 .
2. The vacation of said right-of-way will not eliminate access to a.ny adjoining or
nearby properties, nor does it provide access to Lake Minnetonlca or any other
public amenity.
3. Utility companies have been notified of the proposed vacation and Xcel Energy
has indicated that an easement for a power distribution and service lines is
� required if the vacation occurs.
4. The City does not intend to use the portion of right-of-way to be vacated for any
public purpose other than for the utility purposes noted.
5. The City has received letters of support for the alley vacation from owners of all
properties abutting the alley. -
NOW, THEREFORE, BE IT RESOLVED, that the petition of Steven & Jo
• Webster and Kent & Sandra Larson and supported by the other abutting property owners is
hereby granted by the Council of the City of Orono and that the portion of right-of-way as
legally described above is hereby vacated, subject to tlle followi.ng:
l. Reservation of a perpetual easement for public and municipal utility purposes
over, uiider and across the vacated right-of-way, which easement shall include the
right of the public and municipal utility providers to maintain, operate, repair or
reconstruct said public utilities and the right of in�ess to and egress from said
public and municipal utilities.
2. The aforesaid easement shall be separately documented and filed with the
Hennepin County Recorder.
3. The vacated property shall be legally combined with the appropriate adj oining ta�1
parcels.
Adopted by the City Council of the City of Orono, Miruzesota at a re�ular meeting
held on September 25, 2006.
ATTEST:
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• � Linda S. Vee, City Clerk Baxbara A. Peterson, Mayor
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RESOLUTION OF THE CITY COUNCIL
��`9k'ES8�4�G NO. 5 5 1 4 �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this�day of ,� ,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal co oration
and said inst�-ument was executed on belialf of the City.
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No�ary Public ` l
,lACQUELYN RA.YOUNG .�,
.� Plotary Public-Miririesota ' .E`�''"
• STATE OF MINNESOTA Mr co�asa��►.s,�,s,,zo,o �;�
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this o2�ay of �e_�;/,�--
2006 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.
��a�.�..eC�e .���r� -
RACHEL DODGE Notary Public � ~
. ': NOTARY PUBLIC-MINNESOTA
��� My Commission ExPires Jan.31,2010
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