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HomeMy WebLinkAboutResolution 3967 6... - � O� • O O . �b� - CITY of ORONO � ' ti � �'� ' RESOLUTION OF THE CITY COUNCIL 9 4 No. 3 967 � � k'ESHD � � � A RESOLUTION VACATING � AN Ul�TIMPROVED LANE WITHIN THE PLAT OF . � "ORONO ORCHARDS" IN THE CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA FILE NO. 2280 WHEItEAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on July 25, 1997, G. Marc and Tracy S. Whitehead (hereinafter the "applicants") filed a petition with the City of Orono requesting the vacation of an unimproved � public right-of-way adjacent to their property and originally dedicated in the plat of "Orono Orchards", Hennepin County, Minnesota in 1924 and legally described as follows: . ,That part of the unnamed lane adjoining Lot 33, "Orono Orchazds", Hennepin County, Minnesota, which lies westerly of vacated Spencer Avenue and which lies easterly of the northerly extension of the westerly line of said Lot 33; and WHEREAS, after due published and posted notice, a public hearing was�held by the Orono Planning Commission on August 18, 1997, regarding said vacation and all interested persons were given an opportunity to be heard, after which the hearing was continued to September 15, 1997; and WHEREAS, at the continued public hearing on September 15, 1997 after due standing and consideration, the Planning Commission recommended unanimous approval of the proposed vacation in conjunction with approval of a subdivision proposed by the applicants; � and WHEREAS, the City Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The lane has never been developed for any public purpose. • Page 1 of 2 M` . i � O� • .O O . . ��b. - CITY of ORONO � ' ti '� RESOLUTION OF THE CITY COUNCIL ... '���kE gpg'�C� NO. � � 6 "7 -� S 2. The lane does not provide access to any adjoining or nearby properties. � �3. The a11ey is adjacent and parallel to the DNR's Luce Line Trail. The DNR has been advised of the proposed vacation and has indicated no objection to the vacation. 4. This unimproved right-of-way contains no municipal sewer nor other utilities. 5. Utility companies have been'notified of the proposed vacation and none have • indicated an objection. � 6. The lane is partially located wifhin a protected wetland, precluding its future use � for most public purposes. • 7. The City does not intend to use the lane for any public purpose. NOW, THEREFORE, BE IT RESOLVED, that the petition of G. Marc and Tracy S. Whitehead is hereby granted by the Council of the City of Orono and that the unimproved lane legally described above is hereby vacated. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on September 22, 1997. A EST: . � . � Dorothy . H lin, City Clerk Gabri Jabbour, Mayo � ,. • , Page 2 of 2