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Home My WebLink AboutResolution 6836Doc No A10632275 Certified, filed and/or recorded on Jan 31, 2019 8:25 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 1786265E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6836 A RESOLUTION VACATING A PORTION OF BRACKETT'S POINT ROAD AND SANITARY SEWER EASEMENT 6878945 HENNEPIN COUNTY, MINNESOTA FILE NO.18-3998 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on December 13, 2017, James R. and Mary Joann Jundt, husband and wife ("Applicant[s]"), applied for a street and sanitary sewer easement vacation adjacent to their property legally described in Exhibit A, (hereinafter the "Property'); WHEREAS, on February 20th, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 20th, 2018, the Planning Commission recommended approval of the street and easement vacation; and WHEREAS, on February 26, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, the Orono Council finds the vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The roadway in question will be relocated to the center of the peninsula, preserving access to the properties in the area while removing hardcover from the lake shore. 2. The easement in question covers an existing sanitary sewer trunk line which will be demolished and abandoned and replaced along the newly relocated Bracketts Point Road. 3. The City Council finds that the existing Road right of way and Utility Easement has no apparent present or future benefit to the public when Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6836 it will be relocated within the peninsula. 4. The City Council finds that: a) The vacation does not affect access to or use of any adjoining property. The property owner's legal access to the property will not be affected by the vacation of the Road and Utilities easement and no adjacent or nearby properties will have their access limited by it. b) With the relocation, the City does not intend to develop, improve, or use the existing Easement or right of way area as a road or for utilities. c) With the relocation, the unimproved Easement area as it exists serves no public purpose. NOW, THEREFORE, BE IT RESOLVED, that the vacation of the Road and Utilities Easement as illustrated in Exhibit C and legally described in Exhibit B is hereby granted by the City Council of the City of Orono on this 26d, day of February, 2018. ATTEST: &LL� Anna Carlson, City Clerk Dennis Walsh, Mayor Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Exhibt A Legal description of property Lots 5 and 6, Rearrangement of Orono Point; Also, that part of Lots 9 and 10, Rearrangement of Orono Point and the accretions thereto lying Southerly and Easterly of the following described line: Commencing at a point in the centerline of Center Avenue 588.95 feet northerly from the Northwesterly comer of Lot 5, Rearrangement of Orono Point; thence southerly along said centerline a distance of 5 feet; thence southwesterly on a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the right a radius of 445.72 feet a distance of 119.25 feet, thence southwesterly tangent to said last described curve a distance of 107.3 feet; thence westerly making an angle of 44 degrees 42 minutes to the right a distance of 79.3 feet to the shore of Lake Minnetonka and there terminating; subject to Boarder Avenue as opened by Document No. 2092886, Hennepin County, Minnesota. Also, that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the northerly line of Lot 4, said Rearrangement of Orono Point and northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest comer of said Lot 4; also that part of the westerly half of vacated Center Avenue lying southerly of said above described perpendicular line; and also that part of the westerly half of vacated Center Avenue lying northerly of the westerly extension of the northerly line of said Lot 4 and lying southerly of a line drawn easterly at right angles to the westerly line of said vacated Center Avenue from the point of intersection of said westerly line with a line drawn 10 feet easterly of the following described line; Commencing at a point in the centerline of said Center Avenue distant 588.95 feet northerly from the northwesterly comer of said Lot 5; thence southerly along said centerline a distance of 5 feet to the point of beginning of the line being described; thence southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet, and said line there ending, Hennepin County, Minnesota. Also, that part of vacated Boarder Avenue as laid out and dedicated over and across part of Lot 9 in said Rearrangement of Orono Point which lies between the westerly line of said Center Avenue and a line drawn across said Border Avenue at right angles to the side lines of said Border Avenue from the point of intersection of the centerline of said Border Avenue with a line described as follows: Beginning at a point in the centerline of said Center Avenue distant 588.95 feet northerly of the northwest comer of said Lot 5; thence southerly along the centerline of said Center Avenue a distance of 5 feet; thence southerly and southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly tangent to last said curve a distance of 5 feet; thence southwesterly along a tangential curve to the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to last said curve a distance of 107.30 feet; thence southwesterly along a tangential curve to the left with a radius of 56 feet a distance of 19.7 feet; thence southerly tangent to last said curve a distance of 6.8 feet; thence southerly along a tangential curve to the left with a radius of 169.7 feet a distance of 53.9 feet; thence southerly tangent to last described curve a distance of 20.5 feet; Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6836 thence southerly on a tangential curve to the left with a radius of 78.1 feet to its intersection with the centerline of said Border Avenue, and said line there ending, Hennepin County, Minnesota. Page 4 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6836 Exhibit B Legal Description of vacated area 1. That part of Border Avenue (now known as Bracketts Point Road) as dedicated to the public in the plat of Rearrangement of Orono Point, not previously vacated by Document No. 9032750 (City of Orono Resolution No. 5651) and previously vacated by Document No. 2092886. 2. Also, that part of Border Avenue (now known as Bracketts Point Road) created by Document No. 2092886 which lies westerly of the westerly right-of-wayline of Center Avenue (now known as Bracketts Point Road) as shown on the plat of Rearrangement of Orono Point. 3. Bracketts Point Road as shown and dedicated in the plat of Bracketts Point 2" a Addition. 4. Those parts of Outlots A & B, BRACKETTS POINT 2ND ADDITION which lie westerly of the following described line: Beginning at a point on the northwesterly line of said Outlot A a distance of 26.00 feet northeasterly from the most westerly corner of said Outlot A; thence southeasterly to a point on the Southwesterly line of said Outlot B, said point being the northerly point of the 58.76 foot segment bearing North 54 degrees 20 minutes West as shown on said plat; thence southwesterly deflecting right 90 degrees to its intersection with Lake Minnetonka, and said line there ending. Page 5 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6836 Exhibit C Illustration of vacated area Page 6 of 6 SOUTHWAYS SKETCH OF EASEMENT TO BE VACATED FOR JAMES & MARY JUNDT IN LOTS 5, 6, 9 AND 10, AND VACATED BORDER AVE. AND CENTER AVENUE REARRANGEMENT OF ORONO POINT HENNEPIN COUNTY. MINNESOTA n m••r:fu I 1 II 1 I 1 I I - I I II LAKE MINNETONKA — - .. -- — a"" �_ Sb uN. NOTE. 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