HomeMy WebLinkAbout18-3998 ExB Vacation Resolution draftPage 1 of 5
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
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
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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 26th day
of February, 2018.
ATTEST:
________________________ __________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
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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 corner 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 corner 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 corner 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 corner 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;
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.
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Exhibit B
Legal Description of vacated area
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Exhibit C
Illustration of vacated area