HomeMy WebLinkAboutResolution 976RESOLUTION NO. 976
A RESOLUTION VACATING ALL OF LINDEN STREET, ALL OF
ELM STREET AND ALL OF MAPLE PLACE -LOCATED WITHIN
KATE B. PLUMMER'S SUBDIVISION OF LOT 2 OF KITCHEL'S
SUBDIVISION OF GOVERNMENT LOTS 5 & 62 SECTION 221,
TOWNSHIP 117N, RANGE 23 W, IN THE CITY OF ORONO,
MINNESOTA ,
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, on August 24, 1978, the owners of all the land
within Kate B. Plummer's Subdivision of Lot 2 of Kitchel's Subdivision
of Government Lots 5 & 6, Section 22, T117N, R23W, hereinafter "Kate
B. Plummer's Subdivision", petitioned the City Council for vacation
of all the platted streets within said subdivision; and
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WHEREAS, the only affected adjoining property owner has
on August 21, 1978 submitted a petition in favor of said vacation; and
WHEREAS, after due published and posted notice, a public
hearing was held before the City Planning Commission on November 27, 1978
regarding said vacation and all persons interested were given an
opportunity to be heard; and
WHEREAS, after due study and consideration, the Planning
Commission recommended approval of the requested vacations and the
City Council of the City of Orono finds that it will be for the best
public interest to approve such vacation,
. NOW, THEREFORE, BE IT RESOLVED, that such Petition is hereby
granted and that all of Linden Street, all of Elm 'Street and all of
Maple Place within the plat of Kate B. Plummer's Subdivision are hereby
vacated pursuant to the following findings of fact:
1. The vacation does not affect access to or use of any
affected or adjoining property.
2. The City has not and does not intend to develop, improve
or use the property in any way.
3. The property as it exists serves no public purpose.
resolution No. 976
Page 2
• 4. The vacation is in the public interest by:
a) furthering the plans*of the Hennepin County
Park Reserve District;
b) reducing city liability for maintenance, and
c) increasing taxable valuation.
5. The Minnesota Supreme Court ruling applicable to
lakeshore.access vacations are not applicable in this
factual case. The only members of the public needing
access are the three affected property owners who each
have independent access available.
6. Public right of way is not necessary to maintain
access to affected properties.
7. The public interest in a given amount of land area
will be maintained by means of the Park Reserve's
acquisitions on the eastern part of Big Island. The
Park Reserve's acquisition plan is in keeping with
• City policy as established in Resolution No. 446.
8. Lots 1-10 in Kate B. Plummer's Subdivision are
currently combined as one tax parcel known as 38-42980-1100.
It is the intent of the City Council that these lots 1-10
remain combined as one tax parcel after the street vacation
and that the appropriate portions of the vacated streets
be included in this same parcel.
This resolution was passed by a vote of 4 ayes and 0 nays on the
Ninth day of January, 1979.
Walter B. Massenga e, A ting Mayor
Walter Benson, Clerk/Administrator
• STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
The undersigned duly qualified and acting City Clerk/ -
Administrator of the City of Orono hereby certifies that attached
hereto is a true and correct copy of the original Resolution passed
by the City Council of the City of Orono on January 9 2 1979 ,
approving the vacating of'all of Linden Street, all of Elm Street,
and all of Maple Place located within Kate B. -Plummer's Subdivision
of Lot 2 of Kitchel's Subdivision of Government Lots 5 & 6, Section 22,
Township 117N, Range 23W, in the City of Orono, Minnesota, on file in
the office of the City Clerk/Administrator, City of Orono.
0
Dated this Tenth
0.
Walter Benson, Clerk/Administrator
day of January
, 1979
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