HomeMy WebLinkAboutResolution 5147 0 0
CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL`9kESII04�G NO. 5147
A RESOLUTION VACATING
UNIMPROVED PORTIONS OF
AN UNNAMED ROAD RIGHT-OF-WAY
WITHIN THE PLAT OF
"NORTH SHORE COTTAGE ACRES LAKE MINNETONKA"
IN THE CITY OF ORONO,
HENNEPIN COUNTY, MINNESOTA
FILE NO. 04-2996
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,on February 18,2004,Robert A. Carlson(hereinafter the "petitioner")
representing Jyland Distinctive Homes,Inc. (hereinafter"the owner")filed a petition with the City of
Orono requesting the vacation of an unimproved public right-of-way adjacent to the property at 1070
Ferndale Road West, such right-of-way originally dedicated as an unnamed road in the plat of North
Shore Cottage Acres Lake Minnetonka,Hennepin County,Minnesota in 1902 and legally described
as follows:
The road or street as dedicated to the public in the plat of North Shore Cottage
Acres Lake Minnetonka shown as 30 feet wide lying Southwesterly of the
Westerly line of Lot 4, between Lots 5 and 6 and Northeasterly of a line drawn
from the most Westerly corner of Lot 5 to the most Southerly corner of Lot 6,
all in North Shore Cottage Acres Lake Minnetonka, Hennepin County,
Minnesota; and
WHEREAS,after due published and posted notice, a public hearing was held by the
Orono Planning Commission on March 15,2004,regarding said vacation and all interested persons
were given an opportunity to be heard; and
WHEREAS,after due standing and consideration,the Planning Commission on March
15, 2004 recommended unanimous approval of the proposed vacation; and
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SI;04�6 NO. 5 1. e i
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 does contain City and other public utility lines which serve the
owner and the public.
2. The vacation of said right-of-way will not eliminate access to any adjoining or nearby
properties, nor does it provide access to Lake Minnetonka or any other public
amenity. Furthermore, said right-of-way abuts only the petitioner's property and West
Ferndale Road.
3. Utility companies have been notified of the proposed vacation and Xcel Energy has
indicated that an easement for a power distribution 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.
NOW,THEREFORE,BE IT RESOLVED,that the petition of Robert A. Carlson
on behalf of Jyland Distinctive Homes, Inc. 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 the
following:
1. Reservation of a perpetual easement for public utility purposes over, under and across
the vacated right-of-way, which easement shall include the right of the public utility
provider to maintain, operate,repair or reconstruct said public utilities and the right of
ingress to and egress from said public utility.
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 adjoining three tax parcels:
(02-117-23 43 0002, 02-117-23 43 0004. 02-117-23 43 0006)
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL EsBog�G No. 5 1 4
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on April 12, 2004.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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Doc No 8517201 01/31/2005 01:46 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County-Recorder
Deputy 20 TranslD 90148
Fees
$15.00 DOC
$4.50 SUR
$1----meq
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RESOLUTION# 5147
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono,Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on April 12, 2004 and that the same is a
true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 27th day of
January , 2005.
Linda S. Vee, City Clerk
(SEAL)