HomeMy WebLinkAbout#09-3433 Recorded Resolution 5900, .
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1111 II 11 111111111111
Doc No A9503896
Certified filed and/or recorded on
4/21/10 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 59 Pkg ID 619813
Doc Name: Resolution
Document Recording Fee $46 .00
Document Total $46 .00
This cover sheet is now a permanent part of the recorded document.
A RESOLUTION VACATING
A PORTION OF META-COMET AVENUE
WITHIN THE PLAT OF
MORSE ISLAND PARK
FILE No. 09-3433
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 9 0 0
A RESOLUTION VACATING
A PORTION OF META-COMET AVENUE
WITHIN THE PLAT OF
MORSE ISLAND PARK
FILE NO. 09-3433
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Richard Hanson, the owner of340 Big Island in the City of Orono, has
petitioned for vacation of a portion of Meta-Comet Avenue adjacent to his property; and
WHEREAS, after due published and posted notice, a public hearing was held by the
Orono Planning Commission on November 16, 2009, regarding said vacation and all interested
persons were given an opportunity to be heard; and
WHEREAS, immediately following this puhlic hearing the Orono Plam1ing
Commission recommended approval of the vacation by a vote of 5-0; and
WHEREAS, in consideration of the following findings the Orono Council finds the
vacation as proposed is in keeping with the public interest:
1. Hanson is the owner of all property abutting the right of,.vay proposed to be vacated.
2. That the portion of the land to be vacated has never provided direct lake access, dead-
ending approximately 40 feet from the lakeshore. This portion of the road was used
to connect with Massasoit A venue. Massasoit A venue was vacated in 2002 pursuant
to Resolution No. 4796. This disconnected pmiion of Meta-Comet Avenue has the
potential to create on-going trespassing on the private land between the lake and the
right-of-way proposed to be vacated.
3. No direct, public access to any property would be eliminated by the vacation.
Page 1 of 2
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 9 0 0
4. The only use of the right of way by public utilities is for an overhead power line and
service drops to 340 and 350 Big Island. The power company does not object to the
vacation as long as a utility easement is retained over the portion of the right of way it
utilizes.
5. Fuhire construction of a trail within the right of way proposed to be vacated is not
wan-anted because it would encourage trespassing on private propeliy between the
lakeshore and the trail. There is no practical way to prevent this trespassing as the
code prohibits fences within 75 feet of the lakeshore.
NOW, THEREFORE, BE IT RESOLVED, that the Orono City Council hereb y approves the
vacation of that part of Meta-Comet Avenue, as dedicated on MORSE ISLAND PARK, acc ording to
the recorded plat thereof: Hem1epin County Minnesota, which lies south easterly of the southwesterly
extension of the south line of the Nmih 30.00 feet of Lot 71 , MORSE ISLAND PARK, according to
the recorded plat thereof, Hennepin County, Mim1esota (Meta-Comet A venue is to extend to the
nolih line of Lot G , of said MOORSE ISLAND PARK), retaining a utility easement over, under and
across that part of vacated Meta-Com et A venue, as dedicated on MORSE ISLAND PARK,
according to the recorded plat thereof, Hennepin County, Minnesota, which lies southeasterly of the
southwesterly ex tension of the south line of the No1ih 30 .00 feet of Lot 71, MORSE ISLAND
PARK, according to the recorded plat thereof, Hennepin County, Minnesota and no1ihwesterly of a
line 96.50 feet southeasterly of and parallel with the south line of the Nmth 30.00 feet of Lot 71 and
its southwesterly extension, as shown on the attached Exhibit A.
Adopted by the Orono City Council on this 11th day of January, 2010 .
ATTEST:
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Linda S. Vee, City Clerk nes M . White, Mayor
Page 2 of 2
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on January 11, 2010, with the original thereof on file
in my office, and the same is a co1Tect transcription thereof.
, ... \:• WITNESS my hand officially as such City Clerk and the Corporate seal of the
,\:}Gfff this 13 th day of January , 2010 .
. .. ~.f i{!Ji.~;:;3{
1~~>/ . City Clerk
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