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'��' REAFFIRMING PRELIMINARY PLAT APPROVAL
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SUBJECT TO CONDITIONS STATED HEREIN
. - APPLICATIONS �7H1 AND �725 - -� .
V+IHEREAS, the City of Orono (hereinafter "City") is a
municipal corporation organized and existing under the laws of the
State of Minnesota; and
WHEREAS , the � City Council of Orono has adopted a
comprehensive Community Management Plan , planning , zoning and
subdivision reguJ.ations for the orderly, economic and safe
development of land within the City; and
WHEREAS, the City Council has considered land use
applications made by Wi11i�m D. Gregory II , David J. Duff and Edward H.
Eiamm (hereinafter "the applicants" ) , to wit:
#677 Made 3-1-82 by Gregory and Duff for a 4-lot residential�
• subdivision; withdrawn a.fter 7-2.6-82. "
�#7�1 Made 8-28-82 by Gregory and nuff for a 2-lot residential lot-
line re�rrangement subdivision, later amended to include
Hamm. .
#?25 Made 1-21-83 by Gregory requesting vacation of Brackett
Avenue and determination of right-of-way width for County
Road 15 abutting the Gregory, Duff and Hamm properties , all
to facilitate completion o£. the �#7Q11 subdivision plat.
' NOW,THEREFORF. BE IT RESOLVED the City.Counci]. of the City of
Orono , Hennepin County, Mi.nnesota :
FINDINGS OF FACT
.l. Land involved in applications �7C�1 and ;�?25 is owned and recorded
�s follows :
a) Gregory: Tax parcels PID 0?_-.11?-23 33 00G1? (Exhibit A-1 attached)
PID �J2-117-23 33 00GJ8 (Exhibit A-2 attached)
PID 11-117-?_3 22. 001�1.1 (Exhibit A-3 attached)
Parcels A-1 S� A-2 first acquired by deeds from the P. D.
McMillan est�te in Tio��ember , 1961 ; parcel A-3 first
acquired by deed from Sally Kallestad in October 1976 ; the
attached legal descriptions being as recorded in said
�' deeds.
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. b) Duff. : Tax parcel PID 1.1-1.17-23 22 G�0a2, first acquired by
• deed from Maslon .in Ju1y 1972; according to the legal
description on Exhibit B attached .
- c) Hamm: Tax parcel PID �2-117-23 33 0G105, first acquired by
deed f_rom Chapman in June 1945, according to the legal
description on Exhibit C attached .
d) 8urlington Northern Inc . has a 10t� foot wide railroad right-
o£-way (formerly Great Northern Railway) abutting the
northwesterly boundary of the Gregory property, as shown on
the Hennepin County platting maps , which railroad was in
existence prior to the 13$7 platti.ng of the Town of Orono .
e) Hennepin County hashighwayright-of-wayinterestin County
Road No . 15 as travelled and as originally platted as
Brackett .Avenue in the plat of Orono , which interest was
• recorded 2-17-82 as a highway plat of County Road No . 15,
document #47Q1134.8 .
f) The City of Orono has interest in that part of platted .
Brackett Avenue which is now known as Orono Orcharc� Road ,
th�t part of Brackett Avenue which is not part of the
current:ly travelled right-of-way of County Road No . 15, and
subordinate interest in the remainder of the travelled
County road right-of-way. .
2.. The City of Orono has reviewed �pplications �701 and �725 at the '
following public meetings , the minutes of which are hereby
incorporated in this resolution by re.f_erence :
a) 9-2�1-82: '�7�1 Planning Commission public hearing and
recommendation for preliminary plat �pproval .
b) 1QJ-13-82: #7�1 City Council preliminary plat approval ,
subject to fuzther review of right-of-way questions.
c) 1-1QJ-83: �701 City Council review of additional
i.nformati.on and request for vacati.on application.
d) 2-7-83 : #726 Planning Commission public hearing .
e) 2-14-f33 : #726 City Council st�tus cliscussion.
• f) 2-28-83 : #7?6 City Council status discussion.
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, g) 3-21-83 : ;�?2.F Planning Commission puhlic hearing and
recommendation for partial vacation, with City to assume
public rights to shoreline are�s.
h) �-11-83 : �726 City Council review of Planning Commission
recommendation, with conceptual direction to City staff.
i) 4-25-83 : ;�7�J1 & #726 City Council conceptual approval
reaffirming preliminary plat approval and agreeing to
vacation of Brackett Avenue subject to certain conditions .
j) 5-9-g3 : ;'k?PJ.l & �72h Gity Counci]. consider this resolution.
3 . The town oi "Orono" was platted and recorded in Hennepin County on
�3-18-183? . The plat included all of the applicant' s land �
located in Section 2, Township ],17, Range 2� , excepting out the
� railroad right-of-way. Thelanc� ownersdedicated "to thepublic
• and for the public usn forever , all the streets , avenues , and
alleys as herein ind.ic�ted" , which included � 65 foot wide
"Brackett Avenue" . �
4 . The applicant ' s land located in Section 11 , Township 117, Range
23 has never before been platted .
5. An 1_$g2 map o.f Lake Minnetonka in the City records shows "Orono"
and a public roadway located therein along the course of Brackett
Avenue , along the current County Road 15 route south of "Orono" ,
' and along the curr�nt Orono Orchard Road and Orono Lane routes
north of "Orono" , but not along the current County Road 15 route
north of "Orono" .
n . Portions of_ the plat of Orono were vacated by District Court Order
dated 4-18-1899 , including vacation of certain lots and blocks
and certain named streets and alleys "except Brackett Avenue" ,
with title to the vacated lands going to the abutting owners
"subject only to the pub.lic right-o£-way over said streets and
' al.leys and such right as the public may have in s�id Public
Reserve, so called" . �
7 . The plat of thP Town of Orono was again vacated by District Court
Order dated 11-�-1914 , including vacation o.f many lots , blocks
� and streets not vacated in 1899. The Order reads in part: "all .
of said streets , alleys, avenues and the public reserve embraced
• witha.n the said plat be and the same hereby are vacated , save. and
except Brackett Avenue �s the same is a County road . "
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� ' 8. Sometime between ].919 and i 94�J the County road was rebuilt and
relocated through themarsh north and east of "Orono" abandoning
through use o£ what is now Orono Lane , changing from the sharp
corner of "Brackett Avenue" to the sweeping curve now located
through the area, �nd moving the roadway east of the original
Brackett Avenue alignment into areas originally platted as
public reserve, and lakebed . A 1940 County highway map in the
City record shows this current alignment . The exact date of
change is not known but it is known that the lake level was
extremely low in the early 193P1 ' s which would have facilitated
the shoreline adjustments.
9. RPalignment of the County road resulted in the travelled road
surface, shoulders , ditch�s and maintenance area existing in
part within Br�ckett Avenue as platted in 18$7 , in part over what
was the bed o.f Lake Minnetonka at the time of the 188? plat of
� Orono , and in part over are�s platted as private land in the
original plat of Orono , including :
a) Over parts of Lots 1 , 2 and 3 , Block 17 , Orono . (Hamm)
. b) Over part of the "Public Reserve" , Orono . (Gregory) �
c) Over part o.f Block 18 , Orono . (Gregory.) ,
• 10 . Realignment of the County road resulted in portions of the
originally platted Bracketts Avenue no .longer being in active use
for the travel.led road surface , shoulders , ditches and
m�int�nance area , including :
a) A triangular area of p].atted Brackett .Avenue north of Lot 1,
B.lock 17 , Orono .
b) A triangul�r area of platted BrackPtt Avenue i�etween the
. trave].1ed road , the railroad right-of-way and Blocks 1� and
18 , Orono , known as the Mo1.ly' s Corner par�cing area .
c) A triangular or dogleg area of platted Brackett Avenue
adjac.ent to Lots 4 thru 10 , Block l� , Orono , where the
travelled roadway was relocated eastward over the original
bed of Lake Minnetonka .
� 11. Minnesota Statutes Section 16� . 05 provides for the statutory
dedication of publa.c roads two rods (33 feet) each side of center
line when ever such road or a portion thereof has b�en used and
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kept in repair and worked for at least six ye�rs continuously. .
This statute has been interpreted by the Courts to provide for the
.full 65 foot dedication only where it can be shown that this full �
width has been used and is necessary for these public purposes .
12. Minnesota Statutes Section 1�0. 14 provides for the marking and
platting of public roads as done by Hennepiz� County in their 1982
highway plat for County Road 15, and further provicles for filing
of objections thereto by abutting property owners . When such an
obj�ction is , filed the statute provides for judicial
determination of the correct right-of-way or, for negotiated
agreement between the road authority and the objecting owner .
l�. Minnesota Statutes Section 1h3. 11 provides for the
establishment , alteration, vacation or revocation of County
highways by order of the County Board , and further provides that
any such vacation or revocation by the County Board results in ,
- reversion to the City as a City street .
� 14. There is nothing in the record of the City which indicates any
prior action. by the Hennepin County Board regarding the
relocation of County Road �]o . 15 nor action regarding vacation or
reversion of the unused portions of Brackett Avenue to the City.
].5. Applicants Gregory, Duff and Hamm each claim interest in those
portions of originally platted Brackett Avenue which abut their
property and which they claim are no .longer in active use for the
roadway purpose laid-out and originally dedicated . ,
.16. Applicant Gregory has filed a formal objection to the County
� � highway plat with Hennepin County. Applicants Duff and Hamm are
to the City' s knpw_ledge considering fili.ng such objections .
17 . A major purpose of. subject vacation application #726 is to
facilitate City review of the private ownership claims pursuant
to City interests and to Minnesota Statutes sections 16�.14 and
163 . 11, and to facilitate settlement of the issues so as to permit
completion ancl recording of subdivision application #7�1 . .
� 1�3. Public use� and interest in the County Road is evidenced as •
fol].ows : '
a) Approximatelyl3 ,.ld0vehiclestravel thisstretchof County
� Road No . 15 every 24 hours .
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b) Hennepin County p..latting maps indicate a �ti foot wide right-
" of-way throur�hout the area, but do not i.nclude portions of
Brackett Avenue more than :i3 feet from the travelled �
centerline.
c) The Hennepin County highway plat recorded as document
�47�1348 on 2-17-82 indicat�s a basic 66 foot wide right-of-
w�y and also includes those portions of pl�tter� Brackett ,
Avenue on the west side of the road . This plat does not
include those portionso£ platted Brackett Avenue more than
33 feet from the travelled centerline on the east side .
d) A review letter .for subdivision application ;#6?7 from
Hennepin County DOT to the City dated 3-19-82 states that
the platted - dedicated right-of-way must ,match the
recorded highway plat . (Note that Gregory' s formal
objection thereto was filed 8 days later on 3-2?-82) .
• e) A review letter for subdivision �pplication #701 from
Hennepin County DOT to the City dated 11-12-82 states only
that the platted dedicated right-of-way must be 6G feet
wide . Areas of p.latted Brackett Avenue .lying west o:E 33
feet from centerline would not be included in the 6C feet ,
right-of-way.
f) Approximately. ?S�S� feet of the shoreline side of County Road
• No . .15 was obviously created when the road was straightened ,
, moved eastwar� toward the lake and rebuilt prior to 194�.
This area consists of large boulders , rip rap, subroadbed
materiaJ�s and shoulder grave_l . This area has been
maintained by Hennepin County DOT for drainage , roadway
support anr� snow removal from the travelled raac� to the
w,ater line .
g) ApproximateJ.y 1�14� feet of the shoreline side of County Road
No. 15 including part of the area originally platted as
"public reserve" now privately owned by Gregory has also
been maintained by H�nnepin County with shoulder c�ravel and �
rip rap but is not a�tiv�ly used or necessarily required for
roadway support , maintenance or snow removal because it is
farther from the travelled surface.
h) vo�rth of the lakeshore on the east side of the road as it
� curves �long the Hamm property Hennepin County DOT
maintains a wide paved shoulder and a riarrow gravelled ditch
varying from 28 .feet to ?8 feet from the travelled
center.l ine .
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i) Hennepin County DOT has installed a.nd maintains a 2�GJ foot
long guardrail-cable on th� west side of the curve
separating the travelled �road from the Mo11y' s Corner
parking area .
j ) Gregory has installed a wire fence along his property on the
west side o:E the road approximately 3� to 33 feet from the
travelled centerline, including through the areas platted
. as Brackett Avenue . Hennepin County DOTmaintains the road
shoulder and grassed ditches between the travelled road and
this £ence line .
k) South of the driveway into the Gregory property on the west
side of the road the topography becomes steeper and ditches
are narrower and are eliminated entirely along the steep
hillside a].ong the Duff property. Hennepin County DOT
maintains this area to approximately 27. 5 feet from the •
� travelled centerline .
19. Public use of the subject Browns B�y shoreline on Lake Minnetonka
for other than roadway purposes has been evidenced as follows:
a) The subject snoreline is about 85� feet in length divided as .
follows :
1� About 50 feet (5�) within the "reserve" lot privately
owned by Gregory. �
2) About 550 feet (65$) in unplatted Section ].1 along the
Gregory and Duf.f properties , all of which is within 33 feet
of the travelled centerline of County Road 15, and a11 of
which has been maintained by Hennepin County DOT as noted
above.
3) �bout 25l� feet (29�) between the above areas in Section 2,
�11 of which was created from the bed of Lake Minnetonka when
the roadway w�s relocated prior to 1940 and all of which has
been maintained by Hennepin County DOT. But this area is
� more than 33 feet from the travelled centerline and it is not
included within the right-of-way of the recorded highway
plat nor is it within the originally platted "reserve" lot.
Ownership of this acretion area is lega.11y disputable.
• b) The entire 850 feet o.f shoreli.ne has been used bymembers of
the public For .fishing access for as long as anyone has been
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able to remember . This use has never been officially
. sanctionned nor has it ever been subject to public or
private limits or controls.
c) Approximately 35�1 feet of roadway shoulder has been posted
to allow parking with space for approximately 2�1 cars .
This parking occurs within the roadway right-of-way as
defined by the County highway plat and al�so on the adjacent
lands described as the "reserve" lot and the acretion area
as noted in subsections (a-1) and (a-3) above.
2� . Public use o.f the Motly' s Corner parking area has been evidenced
as fol.lows :
a) This area is west of the curve in County Road No . 15 and
� includes the following :
1) Block 1g, Orono , now vacated and privately owned by
� Gregory.
' 2) Portions of platted Brackett Avenue .
- 3) Approximately 2�1-25 feet of land within the Burlington
Northern railroad right-of-way. . . �
b) The total parking area has been gravelled in years past an�
has been marginal.ly maintained by Hennepin County.
c) The total parking area has accomodated between 25 and 3�
cars in peak use .
d) Gregory has never authorized us� of his Block .18 by the
public , but he has never attempted to limit , control or
close its use .
e) The railroad has never authorized use of its right-of-wayby
� the public , but it has never attempted to limit , control or
close its use .
f�) The railroad has entered into a lease with Gregory for that
portion of its right-of-way now used for parking , which
lease would a17.ow Gregory to close the area to parking and to
thereafter landscape the area .
� g) Neither Hennepin County nor the City has ever sanctioned ,
controlled or attempted to limit public use o.f Brackett
Avenue for parking or any other purposes .
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h) Molly' s Corner parking area has been used in the past as a
� construction storage or staging are� for vehicles and
materials engaged in maintenance of County Road No . 15 and
in construction of public projects such as the Arcola and
Tanager Lake bridges an� the Metropolitan Waste Contro_l
interceptor sewer .
i) If public use of Mo11y' s Corner were limited just to the
areas platted as Brackett Avenue and eliminated from the
privately owned railroad right-of-way and Block 18:
1) Maximum parking capacity would be reduced from 30 cars to
6 o r �3 . �
2) A new entry would have to be created since the existing
, access passes over both railroad and private land .
� 21 . Public utilitiesare located within thesubjectareasasfollows :
a) Northern StatesPowerelectrictransmissionlinesand poles
along the west shoulder of the County Road locate�
approximately 3�1-33 feet from the travelled centerline , and
also used by Northwestern Bell Telephone . . . ..
b) Minnegasco gas main in the west shoulder or ditch line of
County Road No . 15, ex�ct location unknown. -
c) Metropolitan Waste Control Commission force-main
interceptor sewerlocatedgenerallyalong thecenterlineof
the travelled road except for a short section on the east
shoulder across from DufF' s driveway, and along the entire
distance a.long the Hamm property where the interceptor is
.located 2.5 to 28 feet east of the travelled centerline .
22. Public use of the other areas originally platted as Brackett
Avenue has been non-existant since the roadway wasrelocated and
" rebuilt prior to 194�D; and these areas are useless for the public
purpose for which they were laid-out and dedicated , these areas
being defined in Finding l�a and 10c above .
23. Private use of the disputed areas has been evidenced as follows :
a) Duff and Gregory maintain rural delivery mail boxes on the
• �ast shoulder of the road across from their respective
driveways , butno other privatedocksorother improvements
on this east side .
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, b) Hamm maintains the triangul�r portion of Brackett Avenue
• defined in Finding 10a as part of his property, and this area
is included in the County platting map drawing of his
property. _
c) Gregory maintains as part of his private property all land
west of the fence �J.in� installed along the west side of
County Road 15, includi.ng that part of platted Brackett
Averiue defined in Finding 1Jc above .
d) The County p_latting maps include all land west of 33 feet
. from the travelled centerline as part of Gregory' s tax
parcel including �11 of the Molly's Corner parking lot and
other portions of platted Brackett Avenue.
e) The County platting maps identify the "reserve" lot as 'a
private tax parcel belonging to Gregory, including part of
� the acretion area defined in Finding 19a (3) .
f) Duff maintains as his private property all land west of the
travelled Countyroad including the hillsidelocated beyond
27. 5 feet from the travelled centerline .
2n, C,regory and Duff both claim private ownership rights in the total
8rown' s Bay shoreline ahutting their properties for purposes of
land area credits in current or future subdivisions.
25. Both Gregor'y and Duff properties directly abut Lake Minnetonka on
Tanager Lake independent of any claims to the Browns Bay
shoreline.
26. A practical difficulty in exercising riparian rights only on
Tanagerlakeisthatthechannelbridge height eliminates passage
of all sailboats or any other boat larger than a small runabout.
27. The public hearing record contains much evidence concerning
adverse effects of past useage and/or continuing usage by the
public of the Molly' s Corner parking lot :
a) Most persons parking in this area trespass on railroad
right—of—way to walk down and fish from the railroad trestle
over Long Lake Creek, and do not cross the highway to Fish on
Browns Bay.
• b) Tresp�ssing is dangerous , illegal , and is difficult to
control .
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c) Trespassers litter the area , harass the neighbors , have
kidnapped dogs and held them for ransom, have threatened
bodily harm, have set fires and have done obscene acts.
d) Loud music and racing car motors occurs very late at night
disturbing the who.le neighborhood .
e) The existing parking area access location is at a very
dangerous location with poor sightdistance , and itsdesign
encourages dangerous vehicle movements .
f) Useage of the parking area for Brown ' s Bay fishermen
requires pedestrian crossing of busy County Road 15 at this
c�angerous curve in the road , and might require expensive
development of a cross-walk signal system.
� g) Legal responsibility and liability for us� of the area would
� increase and would run to which ever party might overtly
�hoose to operate and regulate the area for public parking
purposes , �specially since its use for such would require
either : . . � �
, 1) Crossing the highway to �use the Brown' s Bay shoreline; or
2) Trespassing on railroad property to reach Tanager Lake
28. The public record contains 1ittle evidence concerning adverse
effects of past useage and/or continuing useage by the public of
the Brown ' s Bay shoreline :
a) Use of the area for boat launching or winter vehicle access
onto the ice is hazardous and extremely dangerous for
traffic on the County Road because of the limited land area
available. •
, b) Parking on the wide shoulder in this area is reasonably safe
provided the vehicles are entirely off the pavement and
provided the parking is parallel to the driving lane , not
perpendicular to it .
c) Litter has been a problem but not at much so as along the
railroac� track to Tanager Lake . �
. � d) Public behavior has been much more reasonable and
responsibl.e than in the Mo11y' s Corner parking lot or along
the railroad tracks , probably because this area is much more
visible to the passing public .
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e) There has been some trespassing on the Hamm property for
fishing , but no other complaints of a recent vintage .
Fires and vandalism had occurred in the past .
f) Themostvocalpubliccomplaintswereagainstestablishment
of a public fishing dock , boat launching ramp or other
improvement which might attract greater numbers of users ,
which could not be s,afely accomodated in a sma11 area .
29. The Lake Minnetonka Task Force established in 1982 by Governor
Quie and ct�arged with preparing recommendations regarding use
and access to Lake Minnetonka is expected to submit its final
report to the Governor by June l , 1983 . � This report is expected
to address the Molly' s Corner area by recommending two items:
a) Securing of the public ' s ability to park in the area; and
b) Construction of a fishing pier to allow users to stand
, farther from the busy roadway.
3Q . Questionable facts and questionable legal rights in the subject
�rea have affected the City' s review of these applications ,
including the following : .
a) Ambiguities in the original platting and subsequent
vacations of the Town of Orono .
b) Relocation of the County Road , including actual , legal or
intent to abandon certain areas , and actual , legal or intent
to acquire additional rights of way.
c) The centerline of the actual travelled County Road 15
� roadway surface varies considerablyfrom the centerlineof
the platted and recorded highway right-of-way.
d) There has been no judicial determination of the validity of
the objection(s) to the recorded highway plat .
e) Ownership of the shoreline acretions created when the
roadway was rebuilt is disputable .
f) The pub.lic may or may not have adverse possession rights to
Gregory' s Block 1S within the Molly' s Corner parking lot ,
� . and to Gregory' s " reserve" lot on the Brown ' s B�y shoreline.
The City does not have such adverse possession rights .
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g) The County may or may not have abandonned Brackett Avenue
outside the travelled roadw�y, and therefore the City may or
may not have authority to consider its vacation prior to
County Board action.
h) Gregory has commenced Torrens Title proceedings to address
th�se issues as they affect his property interests , but has
specifically ask�d the City to malce its determination prior
to issuance of the title examiner ' s opinion.
CONCLUSIONS
Based upon the above FINDINGS, the Orono Ci,ty Counci.l concludes as
follows : .
1 . The proposed lot-line rearrangement subdivision as approved
herein con.forms to all intents and applicable provisions of the`
• comprehensive Community Management Plan , the zoning and the .
subdivision ordinances of the City.
2. Brackett Avenue as laid-out in the ori�inal 1887 plat of the Town
of Orono was not vacated and was not intended to be vacated in the
1899 and/or in the 1914 vacations of portions of said plat o'f
Orono , and evidence of record indicates Brackett A��enue was in
use as a public road at those times .
3 . The County Road was rebuilt and relocated at some time between
1914 and 194G3 at whic.h time portions of the orginially platted
Brackett Avenue ce�sed to be used for public road purposes , and at
which time additional public shoreline was created along the
newly built roadway shoulder .
4 . There are ambiguities of title and unanswered legal and factual
quetionscaused bythe earlier plat vacations , relocation of the
County road and shoreline accretions .
5. Ongoing oublic use of the Brown' s Bay shoreline of Lake
Minnetonka along the shoulder of County Road 15 has been a
reasonable use of the roadway shoulder , �has heen conducted in
relative sa.fety and has not adversely affected neighboring
property owners . Furthermore there is a public need for
maintaining this shoulder for roadway support , maint�nance and
snow removaJ. from the pavement to the actual water level .
. • �. Thos� persons who have parked in the "Molly' s Corner" parking lot
area of Br�ckett Avenue have historically not used the Brown' s
Bay shoreline but have instead trespassed on Burlington Northern
Inc . railroad property, have caused great public nusiance ,
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` andalism and threatening actions to neighbors , and have been in
personal danger because o£ unsafe use of the railroad trestle for
fishing purposes . This parking area has never been opened or
authorized for use by the public for this purpose. Much of the
actual area used for parking is on either railroad or private
property owned by Gregory, and is not within platted Brackett
Avenue .
7. If the City were to open and develop an official parking area at
Molly' sCorner withintheBrackettAvenueright-of-wayand noton
. railroad or private property, there would be room at most for 6 to
8 cars. Use of this parking area for Brown' s Bay fishing would
entail creating a crosswalk across the curve in County Road 15 and
this would be more dangerous than continuing to have Brown' s Bay
� fish�rmen park directly on the shoul�der of the road on the
lakeshore side .
$ . The best interests of the public , including neighborhood .
• , residents , fishermen and users of County Road 15, will be served
by closing the� Molly' s Corner parking lot and by securing
permanent public right to continuing- use of the Brown' s. Bay
shoreline for fishing access . ,
9 . The proposed platting of the entire area is the best method for
• clearifying actual and intended ownership of the various areas .
The proposed plat design including lots and outlots , the location
of proposed lot lines , the width of dedicated road right-of-way
and the proposed maintenance easements are all consistent with
the facts of record concerning valid ownership claims and the
intent of the Council concerning preservation of public rights .
10. Vacation of all of Brackett Avenue concurrent with the proposed
platting , will facilitate clearing of title ambiguities and is
reasonab.le provided public interest in the shoreline and the
travelled roadway is preserved . Such vacation is in the best
public interest because : •
a) Brackett Avenue as platted is useless and no longer in use
for the public roac� purposes intended .
b} Vacation of Brackett Avenue will allow platting and
dedication to the public of the actual right-of-way
currently use� by and for County Road No . 15.
• c) Existing public interest in the shoreline of Lake
�Hinnetonka will be preserved and protected by creation of
• the proposed lakeshore outlots to be owned in fee by the City
for the use and benefit of the general public .
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. ixing ownershipand responsibilityfor the shorelineoutlotsin
the City is a reasonable compromise position whi.ch should result `
isachieving an agreementbetween the propertyowners , the County
and the City regarding the entire area :
a) Private ownership claims are disputable , but private
ownership has not been exercised .
� b) Continued highway maintenance by the County is necessary
and can be accomodated by City fee ownership with
maintenance easements to the County.
c) City ownership assures continuing public fishing access . � _
� d) City ownership allows local contro'1 and regulation for the
bene.f_it of local residents rather than control by a more
remote public agency.
12. The County Board must act to approve the agreement , vacation of
• Brackett Avenue and adjustments in the recorded highway p7.at
before the City can take final action on either the vacation
" ap.plication #726 or the subdivision application �#701 .
ORDER AND CONDITIONS
Based upon the above FINDINGS and CONCLUSIONS, the Orono City Council
hereby reaffirms preliminary . approval of proposed lot-line
rearrangement subdivision application #7�1 , and agrees to
simultaneous vacation of Brackett Avenue as originally lai.d-out in the
1887 platof "Orono" , nowvacated ,•application #725, all subject to the
following conditi.ons :
. A. CONDITIONS OF PRELIMINARY PLAT APPROVAL, LOT-LINE REARRANGEMENT
SUBDIVISION APPLICTION #701 :
1. Fin�l lot lines sha11 be located as shown on the preliminary plat
� drawing by Gordon R. Coffin Co . , Inc , dated May 6, 1983 , except as
follows :
a) Road right-of-way shall be platted and dedicated for "Orono
Orchard Road" north of the County Road 15 right-of-way in the
northeast corner of the plat , and 33 feet wide from the east line
thereof . ,
b) Verify dry-bui.ldable square footage in Duff' s Lot 2 compared
• to intended 2. f�1 acres . ' �
c) Road easement on lakeshore to be over all of Outlots A & B.
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� ) Road easement on Lot 2 to be widened north of the hillside near
Duf.f' s driveway to match width on Gregory' s Lot 1 .
e) Road right-of-way to be adjusted between Lot 2 and Outlot B for
travelJ.ed location such that the platted width is 3Q feet on the
east side of the platted centerline instead of 27 . 5 (narrows
Outlot B) .
2. Applicants shall provide Hennepin County' s signed agreement to
the proposed plat specifically indicating agreement to the
vacation of Brackett Avenue and approval of the proposed County
Road 15 right-of-way widths (and maintenance easements) as
indicated on the pre]. iminary plat.
3 . Brown' s Bay shoreline outlots shall be deeded to the City of Orono
in form to be approved by the City Attorney, concurrent with final
plat recording , and subject to :
a) I-iighway maintenance easements to Hennepin County; and
• b) Construction by the City of a fence between the Brown' s Bay
shoreline outlot and the Hamm property intended to discourage
trespassing thereon .
c) The City her.eby agrees that there shall not be permitted to be
any boatlaunching , ramp or facility anywhere on these lakeshore
outlots , but that there shall be no other deed restriction
thereon except that the City wi.11 not sell or lease the property to
the DNR or others nor construct any fishing dock or pier thereon
without first holding a public hearing concerning same .
4 . Gregory shal_l execute a developer ' s agreement with the City
providing for closing , berming and landscaping the Molly' s
Corner.: parking area portion o.f his lot according to a landscaping
plan to be prepared by Gr�gory and approved by the City Council . ,
5. County Road 15 shall be dedicated to the public on the plat , width
as in�3icated on the preliminary plat drawing referrenced above .
6 . Wetland areas sh�11 be platted as "drainage easements" dedicated
to the public on the plat, and with standard City Flowage and
Conservation easements granted and recorded therefore .
`7. "Drainage. an�l Utility" easements shall be platted along the
• outside of the County Road 15 right=of-way 10 feet wide in all
areas except being the full? width of the 8rown' s Bay lakeshore
� outlots , which easements shall be dedicated to the public on the
plat .
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8. Deeds to the City of Orono for the lakeshore outlots are to be
accepted by the City as full payment for all required park
dedication fees.
9. Applicants shall submit to the City current title opinions
indicating all parties having interest in the land and said
parties shall have signed the plats and all pertinent deeds or
easement documents prior to final City Council plat approval .
1G.1 . Applicants shall pay all City costs for all past and future
preliminary and final plat review, and for all review of the
vacation applications , �nd for recording thereof.
B . CONDITIONS OF CITY VACATION OF BRACKETT AVENUE, APPLICATION #726 :
1 . Applicants shall provide Hennepin County' s prior signed �
• agreement to the proposed vacation as part of the platting
process and in return for travelled road dedication and
maintenance easements all as noted in Section A above .
2. Vacation of the Molly' s Corner parking area shall be subject to
the applicants assuming full responsibility for private control
and administration of the area , and for closing and landscaping"
of the area according to the developer ' s agreement noted in��
Section A above.
3. Vacation of Brackett Avenue shall be subject to the City
receiving deeds and clear title to the Brown' s Bay shoreline
outlots.
4 . Vacation of Brackett Avenue shall be by resolution of the City
Council to be adopted concurrent with final plat approval and to
be recorded concurrent with final plat recording , and such
. vacation shall not become effective except in concert with such
plat approv�l and recording .
C. AUTHORITIES AND DEADLINE:
1 . Granting of this preliminary plat approval and agreeing to the
vacation of Brackett Avenue shall not vest any right in the
property other than as specifically provided herein, and shall
not const'itute City policy or intent except as part of the total
. package or agreements and mutual covenants contained herein.
. ,
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2. Authorities granted by this preliminary plat approval shall be
valid for one year from the date of adoption of this resolution
within which time all agreements, easements , deeds, documents
and plats must be prepared and submitted for final City Council
approval , or this approval shall expire at that time .
. 3. It is understood by the City that the on-going Torrens Title
�proceeding will not be pursued until this plat and all deeds
referrenced herein are properly . recorded , and that the
applicantswillthereaftercontinuewith� said Torrens proceeding
. in such manner as necessary to result in the City being declared
• fee owner of the lakeshore outlots A & B, subject only to the
, easements provided herein. '
• 4. Authorities and approvals granted by this resolution will not
become effective unless and until the applicants agree to the
conditions contained herein, and execute their approval by
signing this resolution in Section D below.
5. Because of the complexity of all the transactions contemplated �
herein it is impossible for the'City and the applicants to forsee
all of the additional details which may have to be included in
final action and resolutions approving �these applications in
order to effectuate the intents and purposes as setforth in this
resolution. Therefore the City reserves the right to require
such modifications of detail in the above as future review may
show to be necessary.
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' ' �`�.`'•�!'`�� pLICANT' S AGREEMENT•
The undersigned applicants have read and understood the Findings and
Conclusionscontainedinthisresolution, andon behalf of themselves ,
their heirs , seccessors and assigns , hereby agree to the Order and
Conditions of Approval contained herein :
William D. Gregory II Stanley B. Gregory date
STATE OF MIDiNESOTA )
j ss
COUNTY OF HENNEPIN )
On this day c�f , 1983 , before me, a
Notary Public within and for said County, personally appeared William
� D. Gregory II and Stanley B. Gregory, husband and wife , known to me to be
the person (s) described in and who executed the foregoing instrument ,
• and acknowledged that he (they) executed the same as his (their) free ,
. act and deed .
NOTARY PUBLIC . �
MY COMMISSION EXPIRES
David ,J. Duff Anne B. Duff date
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this day of , 1983 , before me, a
Notary Public within and for said County, personallyappeared David J.
Duff and Anne B. Duff , husband and wife , known to me to be the person (s)
described in and who executed the foregoing instrument , and
acknowledged that he (they) executed the same as his (their) free act
and deed .
• NOTARY PUBLIC
MY COMMISSION EXPIRES
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<`�"? NO. #1482 .
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Edward H. Hamm date
STATE OF MINNESOTA ) "
) ss
COUNTY OF HENNEPIN ) '
On this day of , 1983 , before me, a
Notary Public within and for said County, personally appeared
known to me to be the person (s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed the
same as his (their) free act and deed .
• NOTARY PUBLIC
MY COMMISSION EXPIRES
Adopted by the Orono City Council on this �_ day of _���� 1983 ,
by a vote of ,� ayes and p nays.
ATTEST: CITY OF ORONO
vl ,��i�� �/7, � �/
City Clerk Mayor
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