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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 k 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 I ' 1 N 73 IlSs.o 0 LOT 4 V �Ar Z--,��� = \ t of /-41JI-M. o ion —c _ j , 5 u of ._ g ion yMe� 15 Kate 116- LOT 3 ., 4— �_ �.�: . on X 39 W t vision of Loot _ . chels Subdlwsl ,a }s io = ! = 8 1 ake Minnetonka 0 _ I - G Aisc.393)----- !) D L0 N z 05 ._0 a s� Platted Shore Line Lam, For detail of Kate B. Plummer �--- 1-_ — Sutid. see record plat. !•�'""" illoge of ORONO f u w m. PAPIK R 11VC'L', �4DS _ '. A I rzo